1.1 The online sale of “Alpina Tubeless Motorcycle Wheels” (hereinafter the “Products”) by ALPINA RAGGI S.p.A., fiscal code 00925460156, with registered office in Lomagna (LC), via Piave 10 (hereinafter “ALPINA”) through the website configuratore.alpinaraggi.it (hereinafter the “Site”) is governed by the following general conditions of sale (hereinafter the “General Conditions”).
1.2 In particular, these General Conditions apply to distance sales of Products offered on the Site – pursuant to Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, no. 70, on electronic commerce – through the registration of the Customer and the subsequent completion of the individual purchase order (hereinafter, the “Order”). The Products, as provided below, are to all intents and purposes to be understood as “goods made to measure or clearly personalized” pursuant to art. 59, letter (c) of the Consumer Code, with the consequent exclusion of the right of withdrawal under art. 52 of the same code.
1.3 The term “Customer” means both the consumer, a natural person who makes the purchase for purposes not related to the commercial, industrial, craft or professional activity possibly carried out, and the trader, i.e. the natural or legal person acting in the exercise of its business, commercial, craft or professional.
1.4 Any modification, addition or waiver to these General Conditions is valid only if it has been accepted in writing by ALPINA within the framework of the individual Order.
1.5 ALPINA reserves the right to modify the Site, policies and these General Conditions at any time. The Client will be subject to the policies and terms of the General Conditions in force at the time the Order is placed. If any provision of these General Conditions is considered invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
1.6 These General Conditions may be printed or saved on a durable digital medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of the Consumer Code.
2. Registration on the Site
2.1 The purchase of the Products can only take place after registering on the Site. In order to register, the Customer must be of legal age and have the capacity to act, which the Customer declares to possess.
2.2 Registration on the Site is free of charge. To register on the Site, the user must fill in the appropriate form, entering its personal data (for example: name, surname, title, tax code, etc..) and the relevant shipping and e-mail address before the completion of the first purchase Order. The registration to the Site will be confirmed by e-mail containing the relevant access credentials.
2.3 The access credentials (e-mail address, or username, and password) allow the user to make purchases on the Site.
2.4 The user guarantees that the personal data provided during the Site registration procedure are complete and truthful and undertakes to hold ALPINA harmless and indemnified from any damage, compensation and/or sanction deriving from and/or in any way connected to the user’s violation of the Site registration rules or the preservation of the login credentials.
2.5 Customers may update and correct their personal information at any time by accessing their user page.
2.6 Registration on the Site constitutes acceptance of these General Conditions.
2.7 Unless otherwise stated below, all communications from ALPINA to the Client pursuant to these General Conditions and the individual Order will be considered valid if made by e-mail to the address indicated by the Client during the registration.
3. Conclusion of Contract
3.1 The Products offered for sale by ALPINA are only those present on the Site at the time the Order is placed.
3.2 Each Product is accompanied by an information sheet that illustrates the main characteristics and customisation options available to the Customer from time to time. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible, however some of their characteristics may differ from the real ones. The images of the Product, moreover, may differ in size and colour, or in relation to any ancillary products. These images must therefore be understood as indicative and with the tolerances of use.
3.3 Before concluding the purchase contract, the Customer shall examine the characteristics of the goods as illustrated in the aforementioned information sheets.
3.4 If the Customer wishes to buy one or more Products, he must (i) select them one at a time, (ii) carry out the individual customization options for said Product and (iii) add the individual Products thus selected and customized in the relevant shopping cart. Once the above steps have been carried out, it will be possible to close the shopping cart and place the relevant Order. At the end of this procedure, a summary page of the selected Products will appear, with details of: (a) the purchase price; (b) the costs, methods and terms of delivery; and (c) the choice of the relative method of payment.
3.5 The Order thus placed will be considered as a contractual proposal sent to ALPINA for each Products listed therein, considered individually. The sales contract is considered concluded when ALPINA has confirmed in writing the Order received from the Customer.
3.6 The Customer may cancel the Order only before receiving the relevant confirmation. Once the preparation of the Products has been completed, and in any case within 60 (sixty) days from the acceptance of the Order, ALPINA will send the Customer a confirmation that the goods are ready, from which the terms for payment of the balance as set out below will commence (the “Confirmation of Made Goods”).
4. Prices and Methods of Payment
4.1 All prices indicated on the Site are expressed in Euro and are exempt from VAT unless provided otherwise. The final price, including taxes, VAT and any other costs, will be indicated on the summary page prior to placing the Order.
4.2 Shipping costs will be indicated as part of the completion of the individual Order.
4.3 Any payment by the Customer may only be made as follows:
- bank transfer, credit card or Paypal with the formula “Deposit and Balance”, in the amount, respectively, of 30% and 70%; in particular, the payment of the first shall be made at the time the Customer places the Order, while the payment of the Balance must be made within 5 (five) working days from the Confirmation of Made Goods; or, at the choice of the Customer
- bank transfer, credit card or Paypal in the amount of 100% at the time the Customer places the Order.
4.4 The “Deposit” above must be considered as a deposit pursuant to art. 1385 of the Italian Civil Code.
4.5 The Customer agrees to receive invoices in electronic format. The issuance of such documentation relating to the individual Order will be sent to the Customer together with the confirmation of shipment of the relevant Product.
4.6 Customer must select his qualification and enter the invoice address, as well as any other data necessary for the correct issuance of the relevant document.
4.7 The Customer will be responsible for the correct insertion of the invoice data and undertakes to promptly notify Alpina of any corrections/changes to be made to such data.
5.1 ALPINA undertakes to deliver the Products listed in the Order within 15 (fifteen) days from the date of the receipt of payment of the “Balance” referred to in Article 4 above, provided that ALPINA has received all the information necessary in order to correctly execute the sale.
5.2 The Products will be delivered to the address indicated by the Customer during the Order procedure, by ALPINA, at the cost indicated specifically in the Order summary page.
5.3 If the Customer has opted for 100% payment for the Products at the time of completion of the Order, the 15 (fifteen) day period will commence from the date of dispatch of the Confirmation of Made Goods.
5.4 ALPINA undertakes to do its best to comply with the delivery times indicated above. Except in case of force majeure events or events not attributable to ALPINA, in the event of failure by ALPINA to execute the Order – due to the unavailability, even temporary, of the Product or for other reasons – ALPINA will provide written notice to the Customer and, unless otherwise agreed in writing, will be required to reimburse the sums already paid by the Customer in execution of the relative Order, with express exclusion of any further liability.
5.5 Unless the Customer qualifies as a consumer, and unless otherwise provided for in the relevant Order, the delivery and the transfer of ownership is made free carrier (Free Carrier, according to INCOTERMS 2010) at ALPINA’s warehouses, and therefore the risk and danger are transmitted to the Customer from the moment the goods are loaded onto the carrier’s or forwarding agent’s means of transport. On the other hand, if the Customer qualifies as a consumer, the risk will be transferred only at the time of the material delivery of the Products.
6. Warranties, Liability and Complaints
6.1 The Products may only be used for the purposes they were designed and manufactured for. ALPINA is therefore relieved of any and all liability for any reason arising from the misuse of the Products, i.e. outside the above limitations and/or for their normal wear and tear. Any modification or tampering of the Products will invalidate the guarantees provided by ALPINA.
6.2 The Products must be installed and regularly maintained by competent and qualified personnel. The instructions provided by ALPINA for the installation and/or maintenance of the Products (hereinafter the “Instructions”) must be considered binding for the Customer. ALPINA is therefore relieved of any and all liability, for whatever reason, deriving from failure to comply with said Instructions.
6.3 ALPINA guarantees that the Products are free from defects in relation to the materials and the workmanship. Any claims for apparent and non-apparent defects of the Products must be notified in writing by the Customer to ALPINA as follows:
- sending a registered letter with return receipt to the registered offices of the Data Controller via Piave 10, 23871 Lomagna (LC), Italy.
- sending an electronic mail message to the address email@example.com.
within the statute of limitations and forfeiture terms established by law in relation to the sale.
In any case, the effects of the legal guarantee of conformity for goods referred to in the Consumer Code remain unaffected if the Customer qualifies as a consumer. The guarantee is excluded in the event of non-compliance with the Instructions provided by ALPINA, improper use or in any case non-compliance with the provisions of the law and/or these General Conditions.
6.4 Defective Products must be returned at the expense and expense of the Customer ex works at ALPINA warehouses, which will replace or repair them only after having ascertained that they are defective, in compliance with the following provisions.
7. Customer Service
7.1 ALPINA provides to its Clients a post-sales Customer Service on the Products, consisting in a check on the correct functioning of the sealing system and/or the replacement of some parts (spokes, nipples, o-rings and safety rings).
7.2 The ALPINA’s Customer Service is completely free for the products covered by the legal guarantee of conformity of the goods according to artt. 128-135 of the legislative decree n. 206/2005.
7.3 If the products are not covered by the legal guarantee of conformity of the goods ALPINA will provide a quotation of the estimated costs for service to the Client after the analysis of the relevant Product.
7.4 The service costs will be promptly communicated to the customer in order to be expressly approved. If it is not approved, ALPINA shall not, in any case, intervene on the Products and will return them to the Client.
7.5 In any event, the shipping of the Products to the ALPINA headquarter is at the expenses of the Client.
7.6 The shipping of the products from the ALPINA headquarters to the customer is completely free if the Products are still covered by the guarantee and the shipping destination is in the Italian territory.
7.7 If the Products are not covered by the guarantee or, in any case, if the shipping destination is not in Italy, the relevant costs will be charged to the Client.
7.8 Such costs will be duly communicated to the Client in the quotation concerning the service operations.
7.9 ALPINA will not proceed with the agreed operations or with the shipping of the Products not covered by the legal guarantee until the receipt of the relevant payment confirmation.
7.10 The Products shall be shipped to the ALPINA headquarter – Wheel Dept. – after the removal of the tyres from the wheels.
8. Intellectual Property
8.1 All intellectual property rights, i.e. all intellectual and industrial property rights of ALPINA, including, by way of example, patents, designs or models, utility models, trademarks, know-how, technical specifications and data, whether registered or not, as well as any application or registration relating to such rights and any other right or form of protection of a similar nature or having equivalent effect (hereinafter “Intellectual Property Rights”) connected with the Products must be considered as exclusive property of ALPINA, and therefore their communication or use does not create, in relation to them, any right or claim in favor of the Customer.
8.2 The Client undertakes to acknowledge ALPINA’s exclusive ownership of the Intellectual Property Rights and to use the latter exclusively in accordance with ALPINA’s instructions.
8.3 Without prejudice to any legal remedy, violation of the provisions of this article constitutes an express termination clause of the sales contract in favour of ALPINA pursuant to art. 1456 of the Italian Civil Code.
9.1 In order to proceed with the registration, the placing of the Order and then the conclusion of the contract on the basis of these General Conditions, some personal data of the Customer are requested through the Site. The latter acknowledges that the personal data provided will be recorded and used by ALPINA to enable the Customer to make payment in compliance with current legislation for each purchase made through the Site.
9.2 The Client may at any time update and/or modify the personal data provided to ALPINA through the specific section of the Site accessible after the authentication.
9.4 Pursuant to Article 12 of Legislative Decree 70/2003, ALPINA informs the Customer that each Order placed is stored in digital/paper form at its head office.
10.1 The present General Conditions have been drafted in both Italian and English. In case of contrast between the two versions, the Italian one shall prevail.
11. Applicable Law and Jurisdiction
11.1 The sales contracts between ALPINA and the Client shall be governed by the Italian Law.
11.2 Unless the Customer qualifies as a consumer, the resolution of any dispute relating to these General Conditions and/or individual Orders shall be subject to the exclusive jurisdiction of the Court of Milan. In cases where the Customer qualifies as a consumer, the resolution of such disputes will be referred to the Judge of the place of residence or domicile of the consumer.
The European Commission is providing a platform for alternative out-of-court resolution of disputes, including cross-border disputes, which can be accessed at http://ec.europa.eu/consumers/odr/.