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TERMS AND CONDITIONS

NOTICE

All the products designed by De Pretto Moto are realized exclusively for agonistic conditions and to be used in a closed circuit. Their utilization in public roads is forbidden.

De Pretto Moto declines all responsibility for damages of any extent, physicals or materials, caused by the use, application, wrong or not suitable assemblage of all the accessories supplied.

De Pretto Moto hasn't any connection with Honda, Yamaha, Suzuki, Kawasaki, Ducati, Aprilia, Moto Guzzi, Triumph, Cagiva, Buell marks and/or with their dealers.

All the products with trademarks, names, or identification trademarks for motorcycles are only used as referend for the use of particular accessories of our production.

De Pretto Moto is the only international distributor, with dealers selected and authorized by the same De Pretto Moto.

De Pretto Moto reserves the right to make changes anytime and without warning.


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 (e.g. images, texts; brands and logotype, combinations of colors, 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, 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 without charge.
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 Srl 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”, con particolareriferimento al 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 delladisciplinarelativa al Commercio”) discipline all purchase contracts regarding the products available in the online catalog of the website www.deprettomoto.com, concluded following the modalities here described.

1.2. The Customer declares to have read all the information provided to him during the purchase procedure, to accept fully and unconditionally the General Conditions of Sale as well as the General Conditions of Access and Use of the site.

1.3. The current general conditions can be modified by De Pretto Moto Srl without any warning.

1.4. Any contract will be disciplined by the General Sales Conditions valid when the customer sends the order.

2. Vendor Identification

2.1. Vendor of the products available on the online catalog 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 Srl. Such a procedure is indicatively described on the page: "Payments and Shipping".

3.2. The purchase contract between De Pretto Moto Srl and the Customer/Retailer is concluded with the acceptance, even partial, of the order of the Customer/Retailer by De Pretto Moto Srl. The acceptance is expressed with a confirmation message sent by e-mail to the address of the Customer or Retailer.

3.3 The confirmation message specify the order’s date and hour, and an 'Order Number', to use for any further communication with De Pretto Moto Srl. The message summarises all the data supplied by the Customer/Retailer who must verify if they are correct and have to communicate eventual corrections in time.

3.4. The Customer or 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 Srl issues: invoices, pro-forma (commercial) invoices, and receipts of the articles sent, which will be transmitted with the delivery. To issue the invoice, De Pretto Moto Srl makes reliance on the information supplied with the order by the Customer and/or the Retailer. The invoice cannot be changed after being issued.

4. Object of the Contract and Online Catalog

4.1. The object of these General Sales Conditions are the products available in the online catalog of the website www.deprettomoto.com.

4.2. The Customer or the Retailer can only purchase the products available on the catalog at the moment of the order. De Pretto Moto s.r.l. reserves itself the right to modify the product catalog, without any warning.

4.3. If one of the requested products is not available, De Pretto Moto S.r.l. undertakes to contact the Customer or the Reseller within 10 days from the time the order is submitted, by communicating via e-mail the unavailability and any alternative solutions. In this case, the Customer or the Dealer can wait for the delivery of the order, if De Pretto Moto S.r.l. considers, at its sole discretion, to be able to find the unavailable product, opt for another product, to which the relative prices and tariffs will apply, or cancel the order obtaining the return of the price already paid.

4.4 All products offered for sale are analytically described (quality, characteristics, price) in the appropriate online catalog of the website www.deprettomoto.com. The card of each product indicates the selling price to the public. Further and possible additional costs (taxes, shipping, transaction and/or insurance of the goods) will be displayed as a whole before the order is placed.

4.5 The images in the catalog's listings have a merely descriptive value and may not coincide with the real characteristics of the goods, differing in color, size, and additional accessory products shown in the picture. The color of the article may differ from that represented by the monitor of your computer, including any particular calibration configured by the user of the PC.

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 S.r.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 favor of "De Pretto Moto S.r.l", using the following banking coordinates:                             
INTESA SANPAOLO IBAN - IT55 I030 6960 3430 0000 0279 380.

In the reason for payment, the Customer must indicate the name of the invoice recipient and the order number.

6. Cautions

6.1 All "DPM race" products are designed and manufactured exclusively for competitive and racing use.

6.2 The use of "DPM race" products on public roads is prohibited.

6.3 De Pretto Moto Srl declines any responsibility for damages of any entity, physical or material, due to use, application, incorrect or inappropriate assembly, of all the accessories supplied.

7. Withdrawal Right

7.1 Only the consumer (the person who buys products for 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 workdays 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 working 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 working 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 payable by the consumer for the exercise of the right of withdrawal are the direct costs of returning the goods 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 right of withdrawal is, however, subject to the following conditions:
• the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (eg: accessories, etc ...);
• the purchased products must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment.); 
• the shipment 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 to the goods during transport, De Pretto Moto S.r.l. will notify the customer of the event (within 8 working days of receipt of the goods in their stores), to allow him to promptly report to the courier chosen by him and obtain the reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal;
• De Pretto Moto S.r.l. not responsible in any way for damage or theft/loss of goods returned by uninsured shipments; 
• upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the packaging and/or the original packaging are damaged, De Pretto Moto S.r.l. will deduct from the refund a percentage, however, not exceeding 10% of the same, as a contribution to the costs of restoration.

7.8. The substantial integrity of the good to be returned is an essential condition for exercising the right of withdrawal. In particular, the right of withdrawal is lost in cases where De Pretto Moto S.r.l. finds:
• lack of the external packaging and/or of the original protections; 
• lack of product elements (accessories, parts...); 
• product damages for causes not related to the transport. 

In case of forfeiture of the right of withdrawal, De Pretto Moto S.r.l. will return the purchased good to the sender, charging him the shipping costs.

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 a 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 canceling 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 to refund 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, specifies 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 accountancy and administrative management of the relationship 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 at 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 previously indicated and for eventual future relationships, unless the interested person expressly revokes the authorization of the treatment.

9.4. Treatment 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 use 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 for 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 an 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 fulfill 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 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 canceled 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.

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 catalog; 5, Payment Modalities; 6, Cautions; 7, Recess right; 8, Guarantees; 11, Competent court.

12. Use of Trade Marks 

De Pretto Moto s.r.l. does not have 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 a reference for the use of particular accessories of our production.

De Pretto Moto s.r.l., together with the selected and authorized shops, is the only international distributor of the items available on this website.