GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“Terms of Sale”) govern the offer and sale of products on the website www.givi-bike.com (the “Site”).

The Site is operated by G. Visenzi Motomarket S.r.l. unipersonale, headquartered in Brescia, via Don Arcangelo Tadini no. 33, VAT no. 02051150171 (“G. Visenzi Motomarket”).

These Terms of Sale do not govern the sale of products on the Site via links or banners provided by third parties other than G. Visenzi Motomarket. In such cases, G. Visenzi Motomarket shall not be held liable for any purchases made by users of the Site, which will be governed solely by the sales terms of the relevant third parties.

By making any purchase, the user implicitly and unconditionally accepts these Terms of Sale. We therefore recommend carefully reading them before proceeding with any purchase. If the user does not intend to accept these Terms of Sale, they are invited to leave the Site or refrain from using the online showcase available on the Site.

  1. SCOPE OF APPLICATION

The products displayed in the various sections of the Site consist of clothing and accessories for motorcyclists offered for sale exclusively to adult consumers. The term “consumer” refers to a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity possibly carried out (the “Customer”).

Customers who are under the age of eighteen may use the Site only under the supervision of a parent or guardian.

Visenzi Motomarket reserves the right to reject orders placed by parties other than consumers and any other order that does not comply with these Terms of Sale.

  1. PRODUCT AND PRICE INFORMATION

In the Catalog section, the Customer can find the description, technical specifications, and availability of the selected product as well as its price.

Images of individual products are published for illustrative purposes only.

All prices are shown in Euro and include VAT. Prices may be subject to change and updates. Before making a purchase on the Site, the Customer is invited to verify the final sale price indicated in the purchase order. This amount, along with the delivery costs, will be charged to the Customer at the time of purchase.

If, due to technical issues, the price indicated on the Site is lower than the actual sale price, G. Visenzi Motomarket will contact the Customer to verify whether they still wish to purchase the product at the correct price; otherwise, the order will not be processed. If, on the other hand, the price indicated on the Site is higher than the actual sale price, G. Visenzi Motomarket will process the order and charge the Customer only the lower correct price.

  1. SITE REGISTRATION

To purchase products through the Site’s online store, the Customer must register by completing the form available at https://www.givi-bike.com/mio-account-2/. The Customer will be required to provide personal information including a valid email address and password, which must be kept confidential.

By registering on the Site, the Customer represents and warrants that all personal data and information provided are complete, truthful, and accurate, and agrees to keep their registration details up to date.

The email and password will serve as login credentials enabling the Customer to access all Site features and proceed with purchases on the virtual store. All purchases made using these credentials will be considered made by the Customer to whom they belong.

Once the registration process is completed, the Customer agrees, to the extent permitted by applicable law, to be solely responsible for all activities carried out with their account and password, and therefore commits to keeping their credentials confidential and directly liable for any damage and/or harm caused to G. Visenzi Motomarket or third parties due to misuse and/or loss of such login credentials.

In case of unauthorized use or other security breaches involving their account, the Customer is invited to promptly notify G. Visenzi Motomarket by contacting Customer Service via email at info@givi-bike.com.

Visenzi Motomarket reserves the right, at its sole discretion and at any time, to terminate the contract with the Customer in case of improper use of the Site or violation of these Terms of Sale, without any obligation to disclose the reasons for such decision or the right to any compensation.

Access to the Site is free of charge for the Customer. Internet navigation costs are solely borne by the Customer, and G. Visenzi Motomarket is not involved in any way.

  1. PURCHASE PROCEDURE

To place an order for one or more products available on the Site, the Customer must select each product individually and add them to the cart. Once the desired products have been selected, the Customer can proceed to checkout by clicking on View Cart. A summary order form will appear showing the selected products, their main characteristics, and their respective prices (including VAT). The Customer will then be asked to choose the preferred delivery method, including related costs, as well as the payment method. Once completed, the Customer must submit the order by clicking on the Proceed to Checkout button. Upon order submission, the Customer will be notified that placing the order entails an obligation to pay.

Before completing the purchase, the Customer will be asked to carefully read and accept these Terms of Sale and the Privacy Policy, both of which can be printed or saved in PDF format.

The order will be treated as a contractual purchase proposal addressed to G. Visenzi Motomarket for each product listed therein.

By submitting the order, the Customer accepts and agrees to comply with these Terms of Sale, which are available on the Site at any time.

Upon receipt of the order, G. Visenzi Motomarket will send a confirmation email acknowledging receipt. The contract will be deemed concluded only after verifying the availability of the requested products and upon G. Visenzi Motomarket’s issuance of an email accepting the Customer’s purchase proposal (“Order Confirmation Email”), which will include a summary of the purchased products, shipping information, and estimated delivery date, as set out in paragraph 6 below.

It is possible to cancel the order before receiving the Order Confirmation Email. In such cases, G. Visenzi Motomarket will not charge the Customer.

The right of withdrawal as set out in paragraph 7 below remains unaffected.

The order will be stored in the database of G. Visenzi Motomarket for the time necessary to process it and no longer than permitted by law.

The Customer can view their order at any time by accessing their personal account on the Site in the section View Your Orders.

  1. PAYMENT

Before submitting the order by clicking on the Make Payment button, the Customer will be required to provide their credit card details (Visa, Mastercard, and American Express). This data (especially the credit card number and expiration date) will be transmitted to CartaSi S.p.A., the entity providing payment services. This information will not be accessible to third parties and will be used by G. Visenzi Motomarket solely to: (i) complete the purchase process; (ii) process refunds in case of withdrawal; (iii) comply with requests from law enforcement or other authorities; (iv) prevent or report fraud to the police.

  1. DELIVERY

Visenzi Motomarket delivers purchased products to the address provided by the Customer at the time of ordering, using a carrier appointed for transport. G. Visenzi Motomarket shall not be liable for delivery errors due to inaccuracies or incomplete information provided by the Customer when placing the order.

Products will be delivered within the timeframe specified in the Order Confirmation Email and, in any case, no later than 10 days from the conclusion of the sales contract.

Delivery charges are borne entirely by the Customer.

In the event that the products ordered are unavailable, G. Visenzi Motomarket will inform the Customer within 10 days of purchase using the email address provided during registration.

In such cases, the sales contract shall be considered terminated, and G. Visenzi Motomarket will refund the Customer the purchase price and delivery costs using the same payment method used by the Customer.

In the case of multiple-item orders, the refund will be limited to the price and delivery costs of the unavailable product.

  1. RIGHT OF WITHDRAWAL

Without prejudice to paragraph 4 above, if the Customer is not satisfied with the purchased product, they have a period of fourteen calendar days (“Withdrawal Period”) from the delivery date of the product – or, in the case of multiple products purchased with a single order and delivered separately, from the delivery date of the last item – to withdraw from the contract without having to provide any reason to G. Visenzi Motomarket.

A) How to exercise the right of withdrawal

If the Customer wishes to withdraw from the sales contract, they must inform G. Visenzi Motomarket before the end of the Withdrawal Period by sending an explicit declaration either by registered mail to via Don Arcangelo Tadini no. 33, 25125, Brescia, or via email to info@givi-bike.com.

If using the online form or email declaration, G. Visenzi Motomarket will send a confirmation email to the address provided at registration, acknowledging receipt of the withdrawal request. In all other cases, the burden of proving correct and timely exercise of the right of withdrawal lies with the Customer.

B) Return and refund

Once the right of withdrawal has been exercised, the Customer must return the products in their original packaging, properly packed, within fourteen days from the date on which they notified G. Visenzi Motomarket of their decision to withdraw. The cost of returning the products is the sole responsibility of the Customer.

Once the return is received, G. Visenzi Motomarket will verify compliance with the requirements for withdrawal and will send the Customer a confirmation email.

If the returned products show damage or signs of wear due to handling beyond what is necessary to establish their nature, characteristics, and functioning, G. Visenzi Motomarket may deduct an amount from the refund equal to the loss in value. The amount will be specified in the acceptance email.

  1. Visenzi Motomarket will refund the product price – including delivery costs, where expressly applicable – within fourteen days from the date the withdrawal notice was received. Please note that if the Customer has chosen a delivery method other than the standard one, any additional costs incurred will not be refunded.

The refund will be made using the same payment method used by the Customer for the original transaction, unless the Customer has expressly agreed to a different method.

If the person receiving the products is not the same as the person who made the payment, the refund will be made to the latter.

Visenzi Motomarket reserves the right to withhold the refund until it has received the products back or the Customer has provided proof of return shipment, whichever occurs first.

C) Exceptions to the right of withdrawal

The right of withdrawal can be exercised for any product purchased on the Site, except for sealed items that are not suitable for return due to hygiene or health protection reasons and that have been opened after delivery.

Furthermore, the right of withdrawal cannot be exercised if the Customer has removed the product tag and/or used or washed the purchased items.

  1. RETURNS MANAGEMENT

Visenzi Motomarket undertakes to replace any product or component that is defective upon delivery.

Reports must be made to G. Visenzi Motomarket within 7 days of receipt of the goods, preferably via fax to 030.3533634 or email (not by phone) to info@givi-bike.com, and the item must be returned in its original packaging.

All returns must be authorized in advance: Customer Service will open a case and assign a return authorization number, which will be sent to the Customer via email to the address provided during registration, and must be indicated on the delivery note (D.D.T.).

The original invoice number for the returned item must also be indicated on the D.D.T.

Shipping costs for the return are covered by G. Visenzi Motomarket.

Any return not meeting the above conditions or not approved by our quality control will be handled as a “repair account” and charged with transport and repair costs based on the current price list, with a minimum fee of €10.00.

  1. LEGAL WARRANTY

The Customer benefits from the legal warranty of conformity to which G. Visenzi Motomarket is bound by law (“Legal Warranty”), which guarantees that the product sold is free from defects in conformity with the sales contract and existing at the time of delivery.

Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within six months of the date of delivery already existed on that date, unless such presumption is incompatible with the nature of the product or the nature of the lack of conformity.

According to the Consumer Code, if the purchased product presents a defect covered by the Legal Warranty, the Customer has the right to have the product brought into conformity free of charge through repair or replacement by the seller.

The Customer may request, at their discretion, a price reduction or termination of the contract if one of the following conditions is met: a) repair or replacement is impossible or excessively costly; b) G. Visenzi Motomarket has not repaired or replaced the product within a reasonable period; c) the replacement or repair previously carried out has caused significant inconvenience to the Customer.

The amount due as a price reduction shall take into account the use made of the purchased product by the Customer. It is further specified that a minor lack of conformity for which it was not possible or would be excessively costly to apply the remedies of repair or replacement does not entitle the Customer to terminate the contract.

Visenzi Motomarket is liable if the lack of conformity becomes apparent within two years from the date of delivery of the product.

The Customer must report the lack of conformity within two months from the date it was discovered. For this purpose, G. Visenzi Motomarket recommends keeping the purchase receipt contained in the package, as well as the shipping and delivery confirmation documents.

If the Customer finds a lack of conformity during the validity of the Legal Warranty, they are asked to contact Customer Service by sending an email to info@givi-bike.com. A case will be opened and a code assigned for the repair or replacement of the defective product, which will be communicated to the Customer via the email address used during registration. The Customer must return the product within 30 days of receiving such notification. G. Visenzi Motomarket will carry out the necessary repair or replacement within a reasonable time from the receipt of the product or the Customer’s request.

For further information on how to return the product or to request repair or replacement, you may contact Customer Service by emailing info@givi-bike.com.

  1. LIMITATION OF LIABILITY

Visenzi Motomarket does not guarantee that the Site is free from defects, errors, bugs, interruptions, or failures.

For technical reasons (including those beyond the control of G. Visenzi Motomarket), certain materials and/or information on the Site may be inaccurate, and the software supporting the Site may malfunction, contain viruses, or other harmful elements. Therefore, G. Visenzi Motomarket shall not be liable for any damages incurred by the Customer from using the Site or its functionality. The Customer assumes full responsibility for any losses, costs, or damages, direct or indirect, of any kind and nature, arising from browsing the Site.

With specific reference to online sales, G. Visenzi Motomarket is only liable, except in cases of willful misconduct or gross negligence, for direct and foreseeable damages at the time of conclusion of the sales contract.

The Customer therefore agrees that G. Visenzi Motomarket shall not be liable for: (i) any losses incurred, loss of profit, or any other damage that is not an immediate and direct consequence of G. Visenzi Motomarket’s breach or that was not foreseeable at the time the sales contract was concluded; (ii) any loss or damage caused by minor differences between the products ordered or purchased and the images, information, or descriptions on the Site; or (iii) delays in the delivery of purchased products due to stock shortages.

[To the extent permitted by law, G. Visenzi Motomarket disclaims all liability in cases where the purchased and delivered product does not comply with the laws of a country of delivery other than Italy.]

  1. CUSTOMER SERVICE

For more information about the services provided by G. Visenzi Motomarket, you may contact Customer Service at +39 030 3533634 (from Tuesday to Saturday, 9:30 AM to 6:00 PM, and Monday from 2:00 PM to 6:00 PM), or by sending a written request to info@givi-bike.com.

Any complaints regarding non-performance or incorrect execution of the sales contract must be submitted in writing to G. Visenzi Motomarket via email to info@givi-bike.com or by registered mail to: via Don Arcangelo Tadini no. 33, 25125, Brescia.

Visenzi Motomarket does not accept complaints or disputes made by phone.

COPYRIGHT

The Site and all available materials, including but not limited to texts, images, wallpapers, audio and video files, trademarks, logos, designs, information, and any other published content in any format, including menus, web pages, graphics, colors, layouts, fonts, website design, and software are the property of G. Visenzi Motomarket and are protected by Italian and international intellectual property and database laws.

Reproduction, publication, transmission, copying, extraction, use, creation of derivative works, and distribution, in whole or in part, in any form of the content and material on the Site for any purpose is not permitted without the written consent of G. Visenzi Motomarket. The Customer has no right to resell or commercially or otherwise exploit the Site and its published content.

Copying or downloading content made available on the Site does not confer any rights, ownership, or interest in the material and/or software copied or downloaded.

  1. AMENDMENTS TO THE TERMS OF SALE

Visenzi Motomarket reserves the right to amend the Terms of Sale at any time in order to comply with legal or regulatory requirements and to offer new products and/or services. The new Terms of Sale will be effective from the date they are published on the Site. The Customer will be subject to the terms in effect at the time of placing an order, unless otherwise provided by the Terms of Sale or by law (in which case the new Terms of Sale will also apply to previously placed orders).

If any provision of these Terms of Sale is held to be invalid, void, unenforceable, or contrary to public policy, such provision shall not affect the validity and enforceability of the remaining provisions.

  1. GOVERNING LAW AND JURISDICTION

These Terms of Sale are governed by and must be interpreted in accordance with Italian law.

The sale of products shall be subject to the provisions of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and Legislative Decree no. 70 of 9 April 2003 on information society services and electronic commerce.

Any disputes arising from or relating to these Terms of Sale shall be subject to the jurisdiction of the court where the Customer resides or is domiciled, in addition to the alternative jurisdiction of the Court of Brescia.

  1. CONTACTS

Visenzi Motomarket S.r.l. unipersonale
Via Don Arcangelo Tadini no. 33
25125, Brescia
VAT no. 02051150171; CCIAA/NREA: BS / 288532
tel. +39 030 3533634
fax. +39 030 3533684
Email address: info@givi-bike.com