The following TERMS and CONDITIONS rule the on line purchase of products and services through the site www.mxrealracing.com , owned by the company MXRR S.r.l. sited in Corso Duca degli Abruzzi 2 – 10128 –Torino - Italia.
1) Acceptance of general terms and conditions:
1.1) The agreement between MXRR S.r.l. and the Customer can be considered settled with the acknowledgement of acceptance, even partial of the order by MXRR S.r.l. as per points 2.2, 3.1, 3.2 .
Placing an order as per methods offered, the Customer states to have acknowledged all indications and information provided during the purchase procedure and to accept general terms, and payment conditions as follow.
1.2) If the Customer is a private (ie: a subject that purchases products not for professional purposes), once the purchase procedure is finalized, he shall print and preserve a copy of these terms and conditions and the list of the products / services purchased, in compliance with art. 3 e 4 of Dlgs 185/1999 regarding on line sales.
1.3) MXRR S.r.l. hereby disclaims all liability and responsibility for any damages suffered by people or things as a result of non-acceptance / non fulfillment, even partial, of an order.
It is excluded any right of the Customer to claim a compensation for damages suffered in case an order could not be accepted or fulfilled.
2) Purchase procedure:
2.1) The Customer can order only products available in the electronic catalog, available on www.mxrealracing.com, as also described in the related technical sheets. Let it be understood that the images that document the products, might not be perfectly representative of the characteristics, but might differ in color, dimensions, aspect and accessories represented.
2.2) The correct reception of an order is confirmed by MXRR S.r.l. through email reply, sent to the address indicated by the Customer. The reply is generated automatically by the system and it shall not be considered itself as acceptance of the order, but only as confirmation of its receiving.
2.3) The confirmation message reports date and time of the execution and the “Order Number”, that can be used with any communication with MXRR S.r.l. as a reference. The confirmation message contains all Customer data. The Customer binds himself to verify the accuracy of the data and to promptly communicate any correction, as per manners described in this document. The order confirmation, only available for registered users, is also available in the section “My Orders” in “My MxRealracing”.
3) Order Status:
3.1) The “Order Status” can only be consulted by registered users, at the section “My Orders” in “My MxRealracing”.
There are three possible options, that represent the status of the order:
“ORDER SUBMITTED ON LINE”: this is the page automatically generated based on the personal data of the Customer and on the products selected, as the Customer submits the order on line.
“ORDER PROCESSING” this is the page generated as one of the operators has verified the order submitted on line. This page confirms the receiving of the order and the acceptance of the quantities of the single items. This page is updated once a day, whereas the operators guarantee the uploading of each order submitted before 12PM of each day.
“ORDER SHIPPED”: this is the page generated by the system when an order has left the warehouse. This page reports the Shipping Tracking number that allows the Customer to trace the parcel in the express courier internet site page.
3.2) The total or partial non-fulfillment of the order is seen on the “ORDER PROCESSING” page, through a communication and/or cancellation of the quantity of one or more items.
4) Payment methods:
4.1) Wire transfer: to be performed only after receiving our email of “ORDER CONFIRMATION”
4.2) Credit card: we accept only Verified by Visa or Mastercard Securecode cards.
The transaction is carried out in complete safety within the secure server of our Bank through Https connection. If all items are available, the order is shipped the following day of the order. The purchase transaction with credit card is carried out in two phases:
a) In the first phase the Customer has to insert the credit card details in the protected page of the Bank (therefore outside our internet site), making the amount available.
b) The second phase represents the real transaction, in which the amount is debited on the credit card of the Customer. This phase is concurrent to the shipping in the case all items are in stock, in any other case, within 5 days. The amount debited will always match the order. In case the Customer requires the partial delivery option, the additional shipping costs will be charged.
Cautions: to avoid credit card frauds, MXRR S.r.l. reserves the right to request any ID document that could certify the card ownership.
For any credit card order whose shipping address is different from credit card holder address, the credit card holder should send by e-mail [email protected] a front/rear copy of his credit card and Identity Document (passport, driving license). The credit card method is the only one available for order amount under 50 eur. MXRR S.r.l. reserves the right to ask for wire transfer as only available option of payment in case of purchase of ON DEMAND products with amount exceeding 1000 eur.
5) Delivery methods:
5.1) MXRR S.r.l. accepts order and performs delivery in all Europe Zone, through Express Courier selected based on the final destination.
5.2) MXRR S.r.l. issues an invoice for each order fulfilled. The invoice represents the Goods Issue document, in compliance with art. 14 D.P.R. 445/2000 and DL 52/2004. The invoice carries the information submitted by the Customer. No modification to the invoice is possible after issuing. It is not possible to obtain a separate invoice for a single product contained in an order.
5.3) Shipping costs are charged to the Customer and they are explicitly shown in the shopping cart. The payment of the order, including the shipping costs, is carried out using the method chosen by the Customer. No additional charges are due by the Customer unless mutually agreed and confirmed by the Customer (eg: items addition)
5.4) MXRR S.r.l. is not responsible for any delay in the fulfillment of the order or in its delivery.
5.5) Let it be understood that the delivery is intended at the ground floor. At delivery, the Customer is bound to accurately verify:
- the number of parcels referring to the document on the shipment.
- the identity and quantity of items possibly indicated on the parcels
- the invoice attached
Shall the correspondence between items and goods issue document not match, or the parcel(s) is/are damaged or missing, the Customer has to immediately communicate it to the courier. In such cases the shipment has to be withdrawn with written “reserve” to the courier. Once the shipment is withdrawn without “reserve”, the Customer will not have any right to file a claim.
6) Amendment, refund and return:
6.1) The Customer has the possibility to delete the order as long as the order has not been shipped. Canceling fees applies (8%) in case of purchase with credit card or paypal. Once the order is finally delivered, the Customer has the possibility to rescind in compliance with law regulations.
6.2) Distance selling carried out through telephone or internet, since performed outside commercial facilities, is subject to D.Lgs n. 185 of 22/05/1999, that grants to the Customer the right of withdrawal. The right of withdrawal is applicable to final Customers that purchase not for professional purposes (eg: private subjects without VAT registered number). The right of withdrawal is not applicable to professionals (eg: subjects that purchase for commercial or professional purposes through registered business activity).
6.3) The right of withdrawal is applicable to all products not used and with the original packaging untouched. The right of withdrawal is not applicable to all products ordered or customized products, that due to their nature cannot be restocked.
6.4) The willing to withdraw in compliance with law regulations, shall be communicated by certified email within 10 days from the date of the purchase. It is mandatory to contact MXRR S.r.l. in order to obtain the essential code that authorizes the return (eg: ARM number). Our staff will communicate also the return address.
The Customer is required to ship back the products in the original condition with untouched packaging. The parcel has to be addressed to our logistic return point. The attached documents shall include the original invoice, the ARM number, the products returned and the credit card number or bank account number with SWIFT and IBAN.
6.5) Return shipments without proper documentation and / or without ARM number will not be accepted by MXRR S.r.l.
Return shipments on cash and delivery or with any shipping costs charged to MXRR S.r.l. will not be accepted.
6.6) If the return shipment is properly handled by the Customer, MXRR S.r.l. ensures to process the withdrawal as soon as possible (within maximum 30 days from the receiving of the return shipment). If all conditions are verified, MXRR S.r.l. will perform the refund, excluding original shipping costs (in compliance with art. 5, comma 6, D.Lgs n. 185 of 22/05/1999). In case of returns from foreign countries outside EU, all customs fee have to be considered at the expenses of the Customer. Refunds are performed with the same method used by the Customer for the payment: if the payment has been done by credit card or PayPal, the refund is done to the credit card or PayPal. If the payment has been done by wire transfer, the refund is done by wire transfer. MXRR S.r.l. strongly discourages the Customer using any credit card with an upcoming expiration date.
6.7) In case of awards or promotions, in which a product is related to the purchase of another product, the right of withdrawal can be exerted by returning all products subjected to the promotion.
7) Privacy
Please consult the dedicated section
8) Warranty:
8.1) All products sold by MxRR S.r.l. are covered by the Manufacturer's Conventional Guarantee. Private Consumers, will benefit Two Years Limited Guarantee, in case of conformity defect, according to the Italian law DL 24/02. In order to access guarantee services, the Customer has to save the purchase invoice.
8.2) The standard guarantee of the manufacturer is provided along with the product or illustrated on the Site. If the defect has been declared not covered by guarantee by the Authorized Support Center, or by the Manufacturer or by MXRR S.r.l., the Customer will be charged with all costs sustained by MXRR S.r.l for the verification and shipping.
8.3) The Two Years Limited Guarantee, as per law DL 24/02, is applicable in case of defect of conformity, as long as proper usage of the product as per documentation or as per destination. This guarantee is applicable only to private consumers (eg: private subjects without VAT number registered). In case of defect of conformity, MXRR S.r.l. provides to restore the conformity of the product with no additional charge to the Customer until the resolution of the contract.
8.4) Product replacement in case of DOA (Dead On Arrival: product not functioning at time of arrival), is applicable if supported by the manufacturer. Time and modality of replacement are solely depending on the policies of the manufacturer.
8.5) In case, for any reason, it is not possible to restore or replace any product under defect of conformity, MXRR S.r.l. will decide, at its own reserve, to refund the amount paid by the Customer or to exchange the product for another item with equal value.
8.6) Customer fully accepts that MXRR S.r.l. is not liable for any kind of delay generated by the procedure involved in maintenance or replacement of any product.
8.7) In all cases where it is applicable the replacement of the product in compliance with guarantee policies, the Customer will have to contact MXRR S.r.l. via email to gather all necessary information. In the communication, it is mandatory to attach the invoice, a valid ID document and the guarantee document.
MXRR S.r.l. reserves the right to refuse guarantee policy in case of missing invoice or missing guarantee document. An MXRR S.r.l. operator will provide the Customer with the ARM number, which has to be noted on the parcel for the correct return. Return shipments without proper documentation and / or without ARM number will not be accepted by MXRR S.r.l.
Return shipments on cash and delivery or with any shipping costs charged to MXRR S.r.l. will not be accepted.
The product must be return in the original package, complete with all its parts (including possible documentation, accessories, manuals, cables, etc…). To limit possible damages to the original packaging, we encourage the Customer to insert the product package into another parcel.
Customer shall avoid in any case to put any label, tag or writing on the product package.
8.8) Any intervention to the product, realized by unauthorized personnel will immediately imply the loss of guarantee.
8.9) Any Authorized intervention during guarantee period, leaves the period unchanged.
9) Certification:
9.1) Unless explicitly defined as “certified” and/or “street legal”, all products offered by MXRR S.r.l. are not certified for the use on public roads. All product offered by MXRR S.r.l. are intended for racing applications in circuits or private roads.
10) DISCLAIMER
10.1) Information available on the Site: due to the nature of the products offered, and the constant commitment of manufacturers to improve quality and performances towards higher standards, MXRR S.r.l. cannot guarantee that the information and the images available on the Site are that of the products.
Although maximum effort is given in order to have all prices, descriptions, images, applications, and information correct, MXRR S.r.l. cannot guarantee that the data published on the Site are free of errors or inaccuracies.
The Customer accepts that MXRR S.r.l. reserves the right to update and / or change any data contained on the Site, at any moment, without being held liable or responsible for doing so.
10.2) The Customers explicitly accept that MXRR S.r.l. will never be liable or responsible for any direct or indirect damage, missed earnings or delay, suffered by the Customer for the use of the products offered by the Site.
The application of every single product is expressed by the manufactures. MXRR S.r.l. cannot guarantee the correspondence with the original products. Riding motorbikes is a dangerous activity. The Customers explicitly accept that MXRR S.r.l. will never be liable or responsible for any direct or indirect damage, accident, injury, death or whatever else happened, from the use of any of the products offered on the Site.
The use in the public roads of any product, originally intended for racing applications in private or closed circuits, can be considered a felony, liable of penalty or arrest. MXRR S.r.l. does not approve the use of non-street legal products, outside racing events, closed tracks, fairs or exhibitions.
11) Applicable Law:
11.1) The sale contract between the Customer and MXRR S.r.l. is intended to be settled in Italy under the Italian law regulations. For any controversy relevant to the hereby contract, if the Customer is private, the competence is the one of the court of residence. In any other case, the competent court is the one of TURIN – Italy.