Introduction
Carefully read the following general Terms and Conditions of Sale (the “Terms”) that set forth and regulate, even where not referred to, incorporated and/or attached to the Order Confirmation, the purchase of products offered for sale on www.cncracing.com by the company SEFO Srl, with registered office in Arezzo, via Ponte alla Chiassa n. 141, registered at the Arezzo Companies' Register, REA n. AR107701, C.F. and VAT n. 01475680516
If User does not accept these Terms in full, he/she/it will not be able to continue purchasing any of the Products offered for sale on the www.cncracing.com.
1. Definitions
1.1 Pursuant to and for the purposes of these Terms, the following shall mean:
“Order Confirmation”: the document sent by e-mail from SEFO confirming the availability of the ordered goods, the shipping method with the relevant address and the details of the goods delivered;
“Consumer”: the User who purchases the Products for purposes unrelated to any business, commercial, craft or professional activity carried out;
“Purchase Order”: the document sent by the User through www.cncracing.com, which is to be understood as a declaration of will to purchase one of the products offered for sale;
“Product” or “Products”: one of the accessories, gadgets and/or components for motorbikes or related sold by SEFO on www.cncracing.com;
“Order Receipt”: the document that is automatically sent by e-mail by CNC Racing confirming receipt of the Purchase Order sent by the User and indicating the generated Order code, which must in turn be confirmed by SEFO;
“SEFO”: the company SEFO Srl abovementioned;
“User”: the subject, even if not a Consumer, who intends to purchase one of the Products on sale on the www.cncracing.com.
2. Provider of services and approval of the present Terms
2.1 These Terms are definitively concluded, even partially, between the User and SEFO when the User sends the Purchase Order. Prior to Order Confirmation, the Purchase Order sent by the User must be understood as a simple offer to purchase the products sold on www.cncracing.com submitted by the User to SEFO.
2.2 The User who sends his or her Purchase Order expressly declares, in carrying out the procedure, to have read and fully accepted the present Terms without conditions.
2.3 It is understood that any User’s right to damages or financial compensation of any amount whatsoever arising from direct and/or indirect damage to property and/or persons due to SEFO's failure to confirm and/or process, even partially, a Purchase Order is hereby excluded.
3. Product purchase
3.1 The User, to purchase one of the Products, sends a Purchase Order by following the instructions and procedures for finalizing the Purchase Order on www.cncracing.com.
3.2 The submission of Purchase Order to SEFO is subject (unless proceeding the purchase as a “guest” user) to the creation by the User of a personal account. The personal account can be requested at any time by the User i) by accessing the “Private Area” section on the website, ii) by completing the registration procedure, iii) by providing all the requested data (personal data, domicile, email address) and indicating whether the user is a retailer.
3.3. Purchase Orders submitted by User will be available for review in the section “My Orders” in the Private Area of User's personal account
3.2 If Purchase Order has been sent correctly by the User, the User will receive at the e-mail address indicated the Order Receipt generated automatically by the system. It is understood that Order Receipt does not constitute and cannot in any way be understood by the User as SEFO’s acceptance of the Purchase Order.
3.3 The definitive acceptance of Purchase Order by SEFO will take place only when SEFO sends the Order Confirmation to User's e-mail, which contains the details of the goods ordered and, if applicable, the details of the shipment (such as, but not limited to, the tracking code of the shipment and the order code associated with it). The ownership transfer of the goods, with all the associated User’s risks, will take place only when the goods ordered are shipped. If the shipping data are not present in the Order Confirmation sent by SEFO to the User, it will be provided in a subsequent communication by e-mail to the User or by the forwarding agent in charge with a separate e-mail.
3.4 It is understood that the partial modification and/or difference between the goods specified in the Purchase Order and those indicated in the Order Confirmation due to the non-availability of the Products ordered and/or the impossibility of delivery within the terms provided will be considered by the User as partial acceptance of the Purchase Order under the new conditions and will bind SEFO to deliver the Product under the conditions provided in the Order Confirmation, with possible refund of any excess amount paid by the User, unless otherwise agreed, and without prejudice to the cases of withdrawal or return of Product according to article 7 or non-compliant Product according to article 10.
3.5 SEFO shall be entitled to complain or request the modification of the user name for any reason and at its sole and exclusive discretion.
4. Product Prices and availability
4.1 All prices of the Products offered for sale on www.cncracing.com are, where required by the legislation of the individual country, including VAT applicable due to law.
4.2 The images shown for the description of the Product data sheets, both on the website www.cncracing.com and eventually attached to the Order Confirmation, may not be fully representative of the Product itself, but may differ in terms of color, size and accessories represented for descriptive purposes, as well as may differ because placed inside and/or on complex products always for the purpose of describing their functionality and/or technical or aesthetic aspects.
4.3 The availability of Products indicated on www.cncracing.com may not reflect the actual quantities available to SEFO and does not constitute any obligation for SEFO to send the relevant Product, unless after the Order Confirmation has been sent to User.
5. Price payment and unavailable goods
5.1 The price payment, prior to the Order Confirmation, will be made by the User exclusively as payment of the deposit required to send the Purchase Order. SEFO in any event reserves the right to refuse the shipment of the ordered Products if, in the event that it is requested, the User does not pay the price or does not prove the payment of the price referred to in Order Confirmation.
5.2 In the event of an Order confirmation partially and/or totally different from the User's Purchase Order referred to in Article 3.4 above, SEFO undertakes to reimburse the amount corresponding to the Products not shipped to the User with the same payment method used by the User.
5.3 If the Product ordered is not available, SEFO undertakes to reimburse the full price specified in the Purchase Order including shipment fees.
5.4 The payment methods accepted by SEFO are listed in the “Payment Methods” section of the website www.cncracing.com. SEFO reserves the right to refuse Purchase Orders paid with payment methods other than those indicated.
5.5 Upon acceptance of these Terms, the User acknowledges and declares that the latter shall have no claim against SEFO in the event of inefficiencies and/or malfunctions of the systems for managing the payment methods in the event that they affect, in whole or in part, the possibility for the User to purchase one or more Products.
5.6 SEFO is not liable for any interruptions and/or malfunctions of the payment methods due to unforeseeable, exceptional and force majeure causes, such as, but not limited to, hacker attacks, failures of telephone lines, power lines and/or national or international networks and/or technical equipment of its own or of other operators necessary for the regular operation of the service and not due to faulty maintenance and/or management caused by SEFO.
6. Delivery of Products
6.1 The Products will be delivered to User or to the subject indicated by the User at the time and in the manner indicated in the Order Confirmation, except in cases of force majeure and/or non-performance by the courier chosen by the User or by SEFO in accordance with the following provisions.
6.2 If User does not express any preference while completing the Purchase Order, the Products will be delivered by SEFO with DAP (Delivered At Place - Incoterms 2020) to the place indicated by the User, unless otherwise agreed.
6.3 As a result of the aforementioned provisions, which are agreed between SEFO and the User and expressly accepted by the User at the time of sending the Purchase Order on www.cncracing.com, SEFO cannot, under any circumstances, be considered liable for any loss, delay in delivery, or damage, even partial, occurring to the Products after they are made available for delivery and/or delivered by SEFO to the chosen courier.
6.4 Notwithstanding the above, the User accepts that shipping and carrier costs will be fully included in any invoice to be issued by SEFO and borne by the latter (Free Port) or will be included in the price paid by the User when sending the Purchase Order, unless the User expressly indicates that he/she wishes to bear these costs in full (Assigned Port).
6.5 For any issue concerning the shipment and/or receipt of products purchased on www.cncracing.com, the User may submit a complaint using the appropriate form accessible under section [•].
6.6 No shipments will be made to Russia and Belarus.
7. Right of withdrawal and refund
7.1 User may erase the Purchase Order until SEFO sends the Order Confirmation, subject to the right of withdrawal due to reconsideration provided for in Article 7.2 below.
7.2 The User Consumer shall be entitled to withdraw from these Terms within 14 (fourteen) days from the physical receipt of the Product, it being understood that the shipping costs for the return of the Product shall be borne entirely by the User.
7.3. In the event of return of the Product pursuant to the provisions of Article 7.2 above, the User have to send a communication to [email protected], informing of User's wish to exercise the right to withdraw and return the Product. The returned Product shall be shipped by the User within 7 (seven) days from the sending of the notice of return of the Product.
7.4 It is understood that, in the event of the exercise of the right of withdrawal pursuant Article 7.2 above:
a) User shall be liable for any diminution of the Product's value caused by wear and tear and/or damage resulting from the User's use of the Product other than in the ordinary course of business;
b) the Product must be returned whole and undamaged to SEFO without having been used, disassembled, installed and/or damaged, complete with all accessories and/or spare parts, including packaging and all additional documentation;
c) the Product shall have the original labels (not removed) as sold in the initial package shipped by SEFO.
7.4 In the event of withdrawal by the User pursuant to Article 7.2, SEFO shall have the right to refuse the Products returned by Users in breach of one of the obligations set out in Article 7.4 a), b) or c) above.
7.5 It is understood that the exercise of the right of withdrawal is not possible in the case of Products made according to specifications or personalized upon specific request of the User or in case of sealed Products that are not fit to be returned for hygienic or health protection reasons and that have been opened after delivery or in case of delivery of Products that are, after delivery, indissolubly blended with other Products.
8. Customs controls and fees
8.1 If the goods ordered on www.cncracing.com are to be delivered outside Italy, the User may be required to pay import duties and taxes, payable once the package reaches the specified destination. Any additional and necessary customs charges will be borne by the User. Customs policies differ considerably from country to country and the User, unless otherwise agreed, is responsible for checking and contacting customs offices for any additional information required.
8.2 The User, if importer, undertakes to comply with the laws of the countries where the Products will be imported and/or where they are intended to be imported.
9. Warranties
9.1 The User and SEFO respectively warrant that each of them: (i) has full power and legal capacity to accept these Terms and comply with its duties hereunder; (ii) these Terms, once accepted by the User, constitute a valid and binding agreement pursuant to the provisions hereof; (iii) will fully observe the applicable laws;
9.2 User undertakes to
1) not reselling, transferring or delivering the Products, directly or indirectly (i) to any customers located in the Russian Federation or in any other territory where the sale of Products prohibited by Export Laws is carried out, nor (ii) to customers known to the Purchaser or if it becomes aware that they might resell the Products in such territories or in any other territory and/or State where the sale of the Products is prohibited by national laws and/or international agreements and treaties;
2) do not transport products in the abovementioned territories;
3) not transfer and/or sell, even free of charge, the Products, directly or indirectly, to any entity, person or entity appearing on the European Union or United States sanctions lists, or to any entity, natural or legal person owned or controlled by, or acting on behalf of, directly or indirectly, any of the aforementioned persons or entities, and/or to any entity, natural or legal entity that has reason to believe that it may be engaged in any activity prohibited by European Union or United States export control and relevant export control laws and regulations.
9.3 In the event of any breach of provisions (1), (2) and (3) above, User shall indemnify SEFO from and against all losses, claims, damages, penalties, costs, expenses or liabilities to which SEFO may also be subject or which may be claimed against SEFO by third parties, arising out of, in any way related to, or resulting from your failure to comply with this letter and/or the relevant Laws.
10. Products warranties
10.1 Warranty policy on Products that are sold on www.cncracing.com depends on whether the User is a Consumer or a Professional, within the meaning of Directive 1999/44/EC, as amended, and all the relevant regulations.
10.2 In the event that the User is a Consumer, the Products marketed by SEFO on the website www.cncracing.com are guaranteed against non-conformity defects: the User may exercise this warranty within 24 (twenty-four) months from the time of delivery of the Product.
10.3 The User Consumer who intends to exercise the legal warranty of conformity pursuant to Article 10.2 above must send a communication to [email protected] within 2 (two) months from the discovery of the non-conformity, presenting proof of good delivery date and images of the faulty product, as well as confirmation of when the reported defect was discovered. The User Consumer may request, upon communication, the reparation or substitution of the non-conforming Product. User must also, within 5 (five) days of sending the notice of non-conformity of the Product, send the contested Product to SEFO at its own cost.
10.4 Upon receipt of the faulty Product, SEFO shall, within the next 10 (ten) days, send the User a notice by e-mail confirming the possible existence of non-conformity and, if so, informing the User of the substitution or reparation of the Product received and informing the User of the new delivery date of the repaired or substitute Product.
10.4 In the event that the non-conformity is confirmed by SEFO and it is not possible to repair or substitute the Product, the Consumer User may request a full refund of the amount paid under the Purchase Order.
10.5 The warranty shall not be granted in the event of improper use of the Product and/or use contrary to its intended purpose or not in accordance with the technical documentation enclosed to the Product.
10.6 In the event that the User is a professional or an operator in the industry or otherwise purchased one of the Products for professional purposes, the Products will be guaranteed against defects for a period of 12 (twelve) months from delivery, which may be reported no later than 8 days from the time of discovery by sending a notice to [email protected] with attached proof of the Product’s delivery date, pictures, description of the defect detected and indication of the date of discovery.
10.7 Warranties provided with the previous Articles are excluded in the event that, on date of sending the Purchase Order, the User i) was already aware of the defect found; ii) the defect was easily recognizable or in any case recognizable with ordinary diligence as well as iii) in the event that the lack of conformity is due to instructions, materials or uses not rendered by SEFO.
10.8 In case of Products subject to wear and tear, the warranties provided for such Products will only apply to early malfunction due to manufacturing defects, with the exclusion of any other and different damage or defect found.
10.9 The warranties described above will not be valid in the event of Product’s non-conformity and/or defect due to improper use by the User as well as in cases of incorrect installation, assistance, maintenance or repair interventions carried out by technicians or personnel not authorized by SEFO.
11. Ownership rights of SEFO – trademark “CNC Racing”
11.1 The Products sold by SEFO on www.cncracing.com, in whole and/or any part or element thereof, as well as the CNC Racing trademark, are exclusive SEFO’s property or its licensors right or in any case persons authorized to economically exploit such Products and/or services connected to them and/or linked to them.
11.2 All trademarks, distinctive signs, service marks, commercial names, logos, domain names, even if not registered, of SEFO are the exclusive property of SEFO or its licensors or any persons authorized to use them. These Terms does not grant to User any right to use and/or exploit SEFO's distinctive signs for commercial and/or non-commercial use.
11.3 User’s use of the Products purchased from SEFO does not give them any rights over the techniques and procedures contained therein, which remain exclusive property of SEFO and may not be used for purposes other than those indicated in the technical documentation attached to the Products.
12. Changes to Terms
12.1 SEFO shall have the right to modify at any time the information on www.cncracing.com, the policies regarding accepted payment methods as well as these Terms in order to offer new products and services, or to comply with the relevant legal or regulatory provisions. Changes and/or amendments will be effective for all Purchase Orders not yet confirmed on the date of the change, unless otherwise required by law.
12.2 In any case, the User's right of withdrawal remains in force in the event of unilateral amendments to these Terms (effective in accordance with Article 12.1 above), to be communicated to SEFO by e-mail within 14 (fourteen) working days as set out in Article 7.2 above.
13. Use of Products and possible homologation
13.1 Products sold on www.cncracing.com are intended for agonistic use and exclusively on private spaces.
13.2 Any use of the Products on motorbikes intended for use on public roads necessarily requires the prior registration, homologation, regularization and/or any necessary authorization pursuant to the applicable legislation, to be issued by the competent authorities.
13.3 The User, by accepting these Terms, declares and acknowledges that it is aware of the above facts, expressly accepts them and exclusively assumes the risk resulting from the violation of the abovementioned provisions.
13.4 SEFO, in any case, in the event that the User infringes in any way the cautions for the use of the Products presented above, using the Products for a use other than competitive or otherwise described, disclaims all liability for any fact and/or damages that may be caused to the User and/or third parties for any reason whatsoever.
14. Right to compensation
14.1 User agrees to indemnify and hold SEFO harmless from and against any direct and indirect losses, damages and reasonably foreseeable expenses (including attorneys' fees and other reasonably foreseeable disbursements) suffered or incurred by SEFO arising out of or related to: (i) User’s breach of any provision of these Terms (including any additional terms and conditions of SEFO incorporated herein) and (ii) User’s violation of any law or the rights of any third party in your use of the Products.
15. Duration of contractual obligations
15.1 The provisions of Articles 9 (Warranties), 10 (Products warranties), 11 (Ownership rights of SEFO – trademark “CNC Racing), 12 (Changes to Terms), 13 (Use of Products and possible homologation), 16 (Governing Law and Jurisdiction) and 18 (Protection of Personal Data) as well as any other sections of these Terms which, expressly or by their nature, shall remain in force after the conclusion and/or termination for any reason whatsoever of these Terms.
16. Governing Law and Jurisdiction
16.1 This Terms are regulated by Italian law. For all matters not provided for herein, reference is made to the provisions contained in the Italian Civil Code and special laws or, in the presence of compulsory regulations, to the applicable provisions of the single country.
16.2 For any disputes regarding the application, interpretation, validity, effectiveness, execution and termination of these provisions, the competent Court shall be the Court of Milan, unless the User is a Consumer, in which case the competent Court shall be that of the User's residence and/or domicile.
17. Alternative Dispute Resolution through ODR system
17.1 Consumer Users, in order to settle possible disputes as an alternative to the provisions of Article 15, may make use of the platform provided by the European Commission, which can be found at the following link: https://ec.europa.eu/consumers/odr/. Should Users wish to bring a matter to the attention of SEFO, it is still possible at any time to send an email to [email protected].
18. Personal Data protection
18.1 SEFO, as data controller, treats Customers’ personal data in accordance with the provisions of Regulation (EU) No 2016/679 (“GDPR") on the protection of individuals regarding the processing of personal data and on the free circulation of such data. For more information on the methods and purposes of processing, please read the privacy policy, pursuant to Articles 13 and 14, GDPR, available at the following link: https://www.cncracing.com/it/privacy/.
18.2 Upon User's request or within the terms provided by law, SEFO shall return or destroy all Personal Data and copies thereof, unless applicable privacy and Personal Data provisions or other legal obligations require SEFO to retain the Personal Data for a longer period of time. Upon User’s request, CNC Racing shall certify the return or destruction.
The full and explicit acceptance of these Terms, clause by clause, by the User shall take place during the compilation of the Purchase Order, by means of the appropriate check mark, and this shall be equivalent to an express declaration pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code.