| General conditions of access and use
of this website
The current conditions regulate the access to the website DE PRETTO
MOTO (Internet address or URL: www.deprettomoto.com) and the use
of its services and its contents (like for explanation: images,
texts; brands and logotype, combinations of colours, structures
and designs).
Any person who access and/or uses the website DE PRETTO MOTO assumes
the quality of “User” and accepts, from its first access
and/or use, the current conditions, which are applied independently
from the General Sales Conditions, and which regulate an eventual
purchase of the products available in the online catalogue of this
website.
If the conditions are not accepted, a further access or use of
the website contents and services is not permitted.
The valid conditions have been updated the 01.01.2008.
The access to the website www.deprettomoto.com is free and gratis.
The website www.deprettomoto.com is managed by De Pretto Moto s.r.l.
with legal headquarter and operating center in Via Fogazzaro, 111
- 36030 Caldogno (VI) - Italy (Vat and Tax identification number:
02667150243). Registration C.C.I.A.A. of Vicenza - R.E.A. n. 255576
The user declares to accept the website “as it is”.
De Pretto Moto s.r.l. is not responsible for eventual damages, direct
or indirect, that can eventually derive from the use of the website.
Without any warning, the website and its contents can be modified
or replaced.
Any information and/or demand can be forwarded to: dpm@deprettomoto.com.
General Sales Conditions
Updated the 01.01.2008
1. Application Field.
1.1. The current General Sales Conditions, written respecting the
valid norms for consumer protection (d.lgs. n. 6.9.2005, n. 206
“Codice del consumo”, with particolar reference to the
Titolo III «Modalità contrattuali», Capo II «Particolari
modalità di conclusione del contratto», Sezione II
«Contratti a distanza»; D.lgs. 9.4.2003, n. 70 “Attuazione
della Direttiva (CE) n. 31/2000 in materia di Commercio Elettronico”;
d.lgs. 31.3.1998, n. 114 “Riforma della disciplina relativa
al Commercio”) discipline all purchase contracts regarding
the products available in online catalogue of the website www.deprettomoto.com,
concluded following the modalities here described.
1.2. Website use.
The Customer declares to have taken to vision of all the indications
supplied to him during the purchase procedure, to accept integrally
and unconditionatelly the present General Sales Conditions and the
General Conditions of access and use of the website.
1.3. The current general conditions can be modified by De Pretto
Moto s.r.l. without any warning.
1.4. Any contract will be disciplined by the General Sales Conditions
valid when the customer send the order.
2. Vendor identification.
2.1. Vendor of the products available on the online catalogue in
English of the website www.deprettomoto.com.
De Pretto Moto, with headquarter and operating center in Via Fogazzaro,
111 - 36030 Caldogno (VI) - Italy. (Vat and Tax identification number:
02667150243). Registration C.C.I.A.A. of Vicenza - R.E.A. n. 265576
3. Conclusion of the purchase contract
3.1. To send a purchase order, the user must first be registered
as Customer or Retailer in the website www.deprettomoto.com, and
follow the purchase procedure indicated by the system of De Pretto
Moto s.r.l.. Such procedure is indicatively described on the page:
"Consumer Information".
3.2. The purchase contract between De Pretto Moto s.r.l. and the
Customer or the Retailer is concluded with the acceptance, also
only partial, of the order of the Customer or the Retailer by De
Pretto Moto s.r.l. The acceptance is expressed with a confirmation
message sent by e-mail to the address of the Customer or the Retailer.
3.3 The confirmation message specify the order’s date and
hour , and a ' Order Number’, to use for any further communication
with De Pretto Moto s.r.l.. The message resume all the data supplied
from the Customer or the Retailer who must verify if they are correct
and have to communicate eventual corrections in time.
3.4. The Customer or the Retailer, once concluded the online purchase
procedure, will print or save an electronic copy of his order and
of the relative confirmation message and, however will conserve
the valid General Sales Conditions.
3.5 For any approved order, De Pretto Moto s.r.l. issues an invoice
of the sent material which will be transmitted with the delivery.
To issue the invoice, De Pretto Moto s.r.l makes reliance to the
information supplied by the Customer or the Retailer with the order.
The invoice cannot be changed after being issued.
4. Object of the contract and online catalogue.
4.1. The object of the current General Sales Conditions are the
products available in the online catalogue of the website www.deprettomoto.com.
4.2. The Customer or the Retailer can only purchase the products
available on the catalogue at the moment of the order. De Pretto
Moto s.r.l. reserves itself the right to modify the product catalogue,
without any warning.
4.3. If one of the required products is not available, De Pretto
Moto s.r.l. will contact the Customer or the Retailer within 30
days from the moment the order has be forwarded, communicating by
e-mail the unavailability and eventual alternatives solutions. In
such case the Customer or the Retailer can wait for the order delivery,
if De Pretto Moto s.r.l. is able to find the unavailable product,
opt for another product, with different prices and rates, or can
cancel the order obtaining the restitution of the payment eventually
already effectuated.
4.4 All the products offered on sale are analytically described
(quality, characteristics, price) in the online catalogue of the
website www.deprettomoto.com. Every product detail indicates the
selling price to the public, VAT excluded (VAT percentage: 20%).
Further and eventual additional costs (costs of expedition, of transaction
and/or assurance of the goods) will be visualised before the order
is forwarded.
Images, eventually present in the product details, has only a descriptive
value and couldn not be coinciding with the real characteristics
of the item, but can be different in colour, dimensions, related
accessories present in the image. The item’s colour can be
different to those represented from the monitor of the computer,
also depending on the specific calibration setted by the PC user.
4.6. Products will be supplied without any handbook or instruction
manual for the assemblage.
5. Payment Modalities.
5.1. Goods can be paid with credit card, anticipated bank
transfer or at delivery (only in Italy).
5.2. The customer can choose the payment with credit card, and
it has to be done after receiving the order confirmation from De
Pretto Moto sr.l. Only credit cards Visa and Mastercard protect
by Verified Visa and Mastercard Secure Code are accepted. If the
credit card is not registered by Verified, the customer has to consult
his Bank in order to register it.
5.3 Payment by anticipated money transfer has to be done at the
receipt of the order confirmation from De Pretto Moto s.r.l., and
in any case, before goods have been sent from it. The money transfer
has to be done in favour of "De Pretto S.r.l Moto", using
the following banking coordinates: " INTESA SAN PAOLO SPA,
IBAN - IT 19F0306960340000000279380; Swift: (PER I BONIFICI DAL
ESTERO E NECESSARIO)". As payment motive, Customer will have
to indicate the name of the invoice addressee and the order number.
6. Cautions
De Pretto Moto srl declines any responsibility for damages
of whichever entity, physicals or materials, due to the use, application,
uncorrect or not appropriated assemblage, of all supplied items.
7. Recess right
7.1 Only the consumer (person who buys products for a use
not related to its eventual professional activity) has the recess
right without any penalty and without specifying the reason, within
the term of 10 work days from the goods delivery, as per the art.
64 d.lgs. n. 206/2005 (Codice del consumo).
7.2. The parts expressly agree that, if in the purchase order is
indicated a VAT identification number, it qualifies the Customer
as "Retailer".
7.3. The recess right can be practiced by sending a written communication
to De Pretto Moto s.r.l, within the mentioned term of 10 work days,
by registered post letter with reception. For such aim, it is also
possible to send a telegram, an e-mail or a fax, but the official
message must always be sent by registered post letter with reception,
within the next 48 hours. The registered letter is valid if delivered
to the post office within 10 work days from the goods delivery.
Goods have to be sent back to the operating center of De Pretto
Moto s.r.l.: Via Fogazzaro, 111 - 36030 Caldogno (VI) - Italy.
7.4. With the receipt of the recess communication, the parts are
freed from the respective obligations deriving from the purchase
order. If the products have already been delivered, the consumer
must send them back within 10 work days from the delivery date.
Regarding the expiration terms, goods are considered given back
when they are delivered to the post office or to the courier.
7.5. The only expenses that the consumer has to care about, in
case of recess, correspond to the direct expenses for the restitution
of the good to the sender.
7.6. If the consumer practices correctly the recess right, De Pretto
Moto s.r.l. will refund the whole amount paid by the consumer. The
refund is free of charge and will be concluded in the shortest time
possible, in any case within 30 days from the date in which De Pretto
Moto s.r.l. has taken notice that the consumer practiced the right
of recess. Payments have to be considered refunded in time when
they are really refunded, sent or reaccredited with a currency not
posterior to the expiration of the term previously indicated.
7.7. The recess right is however subordinate to the following conditions:
• the right is applied to the integral product purchased;
it is not possible to practice the recess only for a single part
of the purchased product (ie.: accessories, etc...);
• the purchased product must be integral and has to be given
back in its original and complete packaging (including the package,
eventual documentation and accessory equipment.);
• the expedition is under the complete responsibility of the
customer or the retailer, until they receive the certificate of
reception in our warehouses;
• in case of damage of the goods during the transport, De
Pretto Moto s.r.l. will inform the customer accordingly (within
5 work days from the receipt of the goods in its warehouses), to
let him report the fact to his courier and to obtain the refund
of the item value (if assured); if necessary, the product will be
available for any verification for the restitution by the customer,
cancelling at the same time the recess request;
• De Pretto Moto s.r.l. does not respond to damage or steal/loss
of products that have been given back with not assured expeditions;
• at its arrival in the warehouse, the product will be examined
in order to estimate eventual damages or manumissions not deriving
from the transport. If the packaging and/or the original protections
are ruined, De Pretto Moto s.r.l. will withhold a percentage from
the refund, however not superior than 10%, as a contribution for
the restoration expenses.
7.8. Substantial integrity of the goods given back is an essential
condition to practice the recess right. In particular, the recess
right expires when De Pretto Moto s.r.l. assesses:
• lack of the external packaging and/or of the original protections;
• lack of product integrating elements (accessories, parts...);
• product damages for causes not related to the transport.
If the recess right expires, De Pretto Moto s.r.l. will give back
the purchased goods to the sender, debiting him the expedition expenses.
8. Guarantees
8.1. All products sold by De Pretto Moto s.r.l. are covered
by the conventional producer guarantee and, only for the single
consumers, by the legal guarantee of 24 months for conformity defects,
as per art. 128 ss. d.lgs. n. 206/2005 (Codice del consumo). In
order to make use of the guaranteed assistance, the customer must
conserve the received invoice at the goods delivery.
8.2. The conventional producer guarantee is supplied by following
the modalities established by De Pretto Moto s.r.l..
8.3. The guarantee of 24 months is applied to the product with
a conformity defect, if the product is used correctly, respecting
the destination of use. This guarantee is reserved to the private
consumer (not retailer). If a conformity defect is detected, De
Pretto Moto s.r.l. will restore the conformity of the product, repairing/substituting,
reducing the price or cancelling the contract, without expenses
for the customer. If, after the intervention of the technical staff
of De Pretto Moto s.r.l., the defect will not turn out as a conformity
defect, the eventual costs of verification and restoration will
be debited to the customer, together with the expedition expenses
faced by De Pretto Moto.
8.4. Times for the substitution or eventual repair of the product
depend exclusively on the inner politics of De Pretto Moto s.r.l.
8.5. If for any reason, De Pretto Moto s.r.l is not able to give
back a guaranteed product (restored or replaced) to the customer,
it could proceed refunding him the whole amount paid or replacing
the product with another one with the same or superior characteristics.
8.6. In cases in which the guarantees application establishes the
product restitution, the goods have to be given back from the customer
with its original packaging, complete in all its parts (protections
and eventual accessory equipment included).
9. Privacy Protection
9.1. As per art. 13 d.lgs. n. 196/2003 (Codice della privacy)
regarding private information supplied to De Pretto Moto S.r.l.,
owner of the website www.deprettomoto.com, specificates that the
customer or the retailer understands and deliberately approves the
following points.
9.2. Collected data. The collected private data are exclusively
those that are supplied by the person who is filling out the registration
form for the service access.
9.3. Purpose of the treatment. Private, common and sensitive data
will be treated and used for the accountency and administrative
management of the relationship or of the service, including the
accountancy surveys and recordings, the execution of contractual
relationships, the fulfilment of law obligations,, regulations or
communitarian norms, from dispositions established from Authority
and legitimated from the law and organs of vigilance and control,
to the contract fulfilment towards suppliers, for the goods transfer
and service performances, and also for the fulfilment of statutory,
contractual and law obligations relative to the activity of De Pretto
Moto s.r.l. Such as:
• to send informative or advertising material to the interested
person and to carry out trade communications, also interactive;
• to complete activities aimed to the sale or the placement
of goods or services;
• to elaborate studies and statistic researches on sales,
customers and other information, marketing activities and eventually
to communicate them to third parts;
• to transfer the data, therefore collected and elaborated,
to third parts for lawful trade and/or statistical aims, and also
for the purchase or sale of goods or services.
The supplied data will be treated and stored by De Pretto Moto s.r.l.
respecting the valid norms regarding the aims previousely indicated
and for eventual future relationships, unless the interested person
expressly revokes the authorization of the treatment.
9.4. Treatement modalities. The treatment is realized through any
action or set of actions between those indicated in the art. 4,
Co 1, d.lgs 196/2003 and it is realized with the use of manual or
informatical instruments; the supplied data will be stored on magnetic
or papery supports always respecting the minimums secure requirements
established by law, and they could be notified to dependents, consultants
and external lawyers of the company charged to treat all aspects
that may regard them and the administrative and fiscal management
of the relationship.
9.5. Concession of data. The interested person is free to confer
its personal data.
9.6. Refusal to confer the personal data. The refusal to confer
the personal data does not allow to use the online sale services
of the website www.deprettomoto.com.
9.7. Communication of the data. The supplied personal data can
be communicated to dependents, external consultants, commerce graduates,
lawyers, credit institutions, service and consultancy companies.
With reference to its own activity, De Pretto Moto s.r.l. could
communicate the supplied data also to third parts charged to execute
directly connected activities and other useful for the service distribution
of De Pretto S.r.l Moto s.r.l. or, with whom it has stipulated trade
agreements suitable for the distribution and the development of
the services to supply.
9.8. Transfer of the personal data to foreign countries. The supplied
personal data could be transferred to foreign countries, respecting
the valid norms.
9.9. Holder and responsible for the treatment. The holder of the
data treatment is De Pretto Moto s.r.l., with legal headquarter
in Via Fogazzaro, 111 - 36030 Caldogno (VI) - Italy. Responsible
of the treatment is the current administrator of De Pretto Moto
s.r.l. Any information can be forwarded to: dpm@deprettomoto.com.
9.10. Rights of the interested person. The art. 7 d.lgs. n. 196/2003,
confer to the interested person the following rights:
• to obtain the confirmation if personal data exist or not,
even not registered yet, and their communication in a understandable
way;
• to obtain the indication of the source of the personal data;
• to obtain the indication of the purposes and modality of
treatment;
• to obtain the indication of the logic applied for the treatment
carried out with electronic instruments;
• to obtain the indication of the identity of the data treatment
holder, the responsible and his former representative (ex art. 5,
Co. 2, d.lgs 196/2003);
• to obtain the indication of the subjects or the subject
categories to whom the personal data can be communicated, or who
might be informed about them in the role of representatives, responsible
or person in charge;
• to obtain the data update, correction or upgrade, if he
is interested in;
• to obtain the data cancellation, transformation in anonymous
data or the block of the treated data in the case of law violation,
including all data that must not be stored in relation to the aims
for which the data have been collected or subsequently treated;
• to obtain the certification that the actions specified in
the two above paragraphs, have been brought to the attention of
those people to whom data have been communicated or distributed,
even with reference to the data content, except when it is impossible
to fulfil this obligation or if it requires the use of too many
resources, respecting the protected right;
• to fully or partially withstand, for legitimate reasons,
to the treatment of the personal data, even if related to the collection
aims;
• to withstand to the treatment of the personal data for aims
related to advertising, direct selling, market researches or trade
communications.
The supplied data can be verified on request and can be updated
and/or corrected sending a letter or a fax, and also an e-mail to
the following address: dpm@deprettomoto.com. The cancellation of
the personal data can be required with the same methods.
If the cancellation of the supplied personal data is required to
De Pretto Moto s.r.l., the company will do it without delay and
without further warnings and/or communications. If cancelled data
are necessary to supply required services or for existing relationships,
the cancellation could involve the immediate cessation of the same
ones.
10. Applicable law.
10.1. The sale’s contract between the customer or
the retailer and De Pretto Moto s.r.l. has to be considered concluded
in Italy and regulated by the Italian Law.
11. Competent court.
11.1. For every eventual controversy, if the customer is
a consumer, the territorial competence is the one of the judge of
the place of residence or address of the consumer, as per the art.
63 d.lgs. n. 206/2005 (Codice del consumo); in all the other cases,
the territorial competence is exclusively the Court of Vicenza.
12. Vexatious conditions
The Customer expressly declares to approve the following conditions,
as per the art. 1341 and 1342 cod. civ. and its effects: 4, Object
of the contract and online catalogue; 5, Payment Modalities; 6,
Cautions; 7, Recess right; 8, Guarantees; 11, Competent court.
13. Use of trade marksDe Pretto Moto s.r.l. has
any connection with the marks Honda, Yamaha, Suzuki, Kawasaki, Ducati,
Aprilia, Moto Guzzi, Triumph, Buell, Cagiva and/or with their distributors.
All the product trade marks with registered names or identification
acronyms of the motorcycles are used exclusively as reference for
the use of particular accessories of our production.
De Pretto Moto s.r.l., together with the selectioned and authorized
shops, is the only international distributor of the items available
in this website.
|
