1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of “SOLELUNA” brand products (hereinafter "Products" or in the singular "Product") made on the e-commerce website SOLELUNASHOP.COM (hereinafter the "Site") by users who qualify as "Consumers" pursuant to article 1.2 below. The Site, owned by SOLELUNA S.R.L. with registered office at Milan (MI), Corso Europa 13, VAT number 10962390158 (hereinafter "Owner"), is managed exclusively by VR|46 Racing Apparel S.r.l.. with registered office in Pesaro (PU), Viale F.lli Rosselli n. 46, VAT No 02495180412 (hereinafter 'VR46').
1.2. VR46 deals with the sale of Products through the Site. Purchases of the Products made on the Site will see as parts VR46, as seller (hereinafter the "Seller"), and the person who purchases one or more Products for purposes not related to his business, commercial, artisan or professional activity, as buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter collectively referred to as the "Parties").
1.3. The Owner is not a party to these Conditions, not being a party in the purchase and sale of the Products between the Seller and the Consumer, but the owner of the rights on the domain name of the Site, the logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication by the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc.. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address email@example.com.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions shall apply but, by way of derogation from the provisions of the same:
1. the purchaser will not be granted the right of withdrawal referred to in Article 10;
2. the purchaser will not be able to benefit from the warranty on the Products indicated in article 8;
3. the Purchaser shall not be granted any other protection, herein provided in favour of the Consumer, that reflects or complies with mandatory legal provisions;
4. the contract of sale concluded between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the same time as sending the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.8. In order to make purchases on the Site, the Consumer must be of legal age (18 years of age) and have the capacity to act, which the Consumer declares to possess.
1.9. Any charges for the connection via Internet to the Website, including telephone charges, are the exclusive responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and in accordance with the Conditions published on the Site at the time of placing the order by the Consumer, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Terms and Conditions at any time, at its discretion, without prior notice to users of the Site. Any changes made will be effective as of the date of publication on the Site and will only apply to sales concluded as of that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order in accordance with point 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site may only be purchased by users who request their delivery in one of the countries indicated on the Site.
3. Methods of purchase of the Products - Refinement of every single purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, is merely an invitation to the Consumer to formulate a contractual proposal for purchase and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is regulated by these Conditions, which are an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for personal use. In addition, the Consumer will be asked to identify and correct any errors in the input of their data.
3.3. The Purchaser's purchase order is accepted by the Seller by sending to the Purchaser, at the e-mail address declared by the latter to the Seller when registering on the Site or transmitting the order if the Purchaser is not registered on the Site, an e-mail confirming the order, which will contain the link to the text of these Conditions, a summary of the order placed, including details of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties shall be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4. Any contract for the purchase of Products shall be deemed concluded when the Consumer receives confirmation of the order from the Seller by e-mail.
4. Product selection and purchase procedure
4.1. The Consumer can purchase the Products presented on the Website by selecting Products of interest and placing them in the appropriate virtual shopping cart. Once the Products have been selected, in order to make the purchase of the Products inserted in the shopping cart, the Consumer shall be invited to (i) register on the Site, providing the requested data, or (ii) to login, if the Consumer is already registered, or (iii) to provide his/her data in order to complete the order and allow the contract to be finalised. If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm his or her own data (by way of example, but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him/her for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, whose contents he can modify: Therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the "Insert order" button, the Consumer will be asked to confirm his order, which will be sent to the Seller and will produce the effects described in the previous paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method, among those available. Should the Consumer decide to make immediate payment (at the time of purchase) by credit card or PayPal, he shall be required to communicate the relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If, during the Product selection procedure on the Site referred to in point 4.1 above, the Consumer notices that the price of one or more of the Products he intends to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to a clear technical problem that occurred on the Site, he is requested not to complete his purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to email@example.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do its best in order to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following that on which the Consumer has transmitted the order. In case of non-performance of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller shall provide written notice to the Consumer and shall refund any amounts already paid by the Consumer for the payment of the Product pursuant to the following paragraph. 5.3.
5.3. The Products ordered by the Consumer shall be shipped in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to inform the Seller promptly of any defect in the Products received or of their non-conformity with the order placed, according to the procedure set out in the following article 8 of these Conditions, failing which the Products will be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the one indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the total price to the Seller, as stated in the order and in the order confirmation sent by the Seller to the Consumer via e-mail.
6.3. Should the Products be delivered to a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. Any further costs, charges, taxes and/or levies that a given country may apply, for whatever reason, to the Products ordered in accordance with these Conditions, shall be borne exclusively by the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and shall not in any way charge the Seller for these charges
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller shall commence when the price of the purchased Product(s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or PayPal, under the conditions described below. The Seller may allow further payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to a PayPal (Europe) S.à r.l et Cie, S.C.A operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by encrypted data transfer with SSL (SecureSocketLayer) 128 bit. Such data are not accessible to the Seller either.
7.4. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are to be delivered within Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal guarantee of conformity, reporting non-compliance faults and intervention under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller warrants to the Consumer that the Products will be free from defects in design and material and will conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product that does not comply with the Product's own use or washing and with the relevant instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer shall be responsible for reporting any defects and non-conformities within and no later than 2 (two) months from discovery, by emailing to the Customer Service at the address firstname.lastname@example.org, the appropriate form correctly filled in [click here to download the return form for defective product], with an indication of the defect and/or non-conformity found, as well as the relative documentation indicated on the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3. Following receipt of the form and the relative documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with a feedback, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice containing the "Return Code", within 30 (thirty) days from the notification of the defect or non-conformity, to the following address:
VR|46 Racing Apparel S.r.l,
Via Pio la Torre 1
61010 Tavullia (PU)
8.4. In case of defects or non-conformities, the Consumer shall have the right to restore the conformity of the Product by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by the article 130 of Legislative Decree no. 206/2005.
If the Seller has undertaken to reimburse the Consumer the price paid, the reimbursement shall be made, where possible, by the same means of payment used by the Consumer when purchasing the Product. It will be the Consumer's responsibility to communicate to the Seller, again by e-mail at email@example.com, the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to return the amount due.
9. Liability for defective products
9.1. As regards possible damages caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. The Seller, as distributor of the Products through the Website, shall be released from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relevant producer.
10. Right of withdrawal
10.1 Subject to the exceptions provided for in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reason and without penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of purchase of several Products delivered separately with a single order, the last Product was delivered.
10.2 In order to exercise the right of withdrawal, the Consumer must inform VR46, before the expiry of the term referred to in paragraph 10.1 above, of his or her decision by accessing the "My Returns" page from My Account or, if he or she is not registered on the site, by accessing the dedicated page and entering the order number and the e-mail address with which he or she made the purchase. Alternatively, the Consumer may send an explicit declaration to VR46 via the contact form or at firstname.lastname@example.org, using the attached standard withdrawal form [link al modulo di reso per esercizio del diritto di recesso].
10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing, if he has in the meantime already received the product ordered, the return form to be included in the package, and instructions to proceed with the return of the product, to be sent within and no later than the next 14 days to
VR|46 Racing Apparel S.r.l,
Via Pio la Torre 1
61010 Tavullia (PU)
10.4 If the Consumer has received the product, he must return it to VR46 without undue delay and, in any case, within 14 days from the day on which you have communicated the withdrawal. The deadline is respected if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the consumer. If the Consumer exercises the withdrawal through the site, before confirming the request for withdrawal he will be indicated the cost of returning the goods, if he wants to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer shall be refunded the payments he or she has made, including delivery costs (with the exception of additional costs arising from the possible choice of a delivery type other than the least expensive standard delivery type offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. Said refunds shall be made using the same means of payment used by the Purchaser for the initial transaction, unless the Purchaser requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment shall be borne by the Purchaser. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that the goods have been returned, whichever is earlier.
10.6 The Consumer is responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratch, scratch, deformation, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, the original packaging and the warranty certificate, where present, the Consumer will be liable for the decrease in value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport also from writing or labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of SOLELUNA S.R.L. with registered office at Milan (MI), Corso Europa 13, VAT number 10962390158and/or its successors in title, without the Consumer having any rights to the same from access to the Site and/or purchase of the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of VR|46 Racing Apparel S.r.l.. with registered office in Pesaro (PU), Viale F.lli Rosselli n. 46, VAT number 02495180412.
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify the personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller and the Owner cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has provided for authentication (login), are not accessible or viewable by unauthorised third parties.
13.2. With regard to credit card payment data, the Seller uses the services of the company a PayPal (Europe) S.à r.l et Cie, S.C.A, which adopts technological systems that guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempt and competent court
14.1. Any sales agreement concluded between the Seller and Consumers under these Terms will be regulated and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the rules on remote contracts and the Legislative Decree 9 April 2003 No 70 on certain aspects relating to e-commerce. In any case, the rights that may be granted to Consumers by the statutory provisions in the State of the latter will be saved.
14.2. In the case of disputes between the Seller and a Consumer, we already guarantee our participation in an attempt at friendly conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Pesaro Chamber of Commerce, which allows us to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the Resolution Of Resolved Regulation or to submit a conciliation request, please access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in paragraph 14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with the 2013/11/EU Directive and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, swift and fair settlement of disputes concerning contractual obligations arising from sales contracts or online services between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a special list available there. For more information about the European ODR Platform or to initiate an alternative dispute resolution procedure for this agreement through the european ODR Platform, please follow the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be indicated in the European ODR Platform is as follows: email@example.com.
14.4. If you do not join the conciliation attempt referred to in paragraph 14.2 or 14.3 or that attempt fails, the dispute will be devolved to the court of the Consumer's place of residence or residence.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.