Terms and conditions

1. Object

1.1. These general conditions of sale (hereinafter also the 'Conditions') apply to the purchase of products (hereinafter 'Products' or in the singular 'Product') made through the e-commerce site www.vertematimotorcycles.com(hereinafter the 'Site') by users who qualify as 'Consumers' pursuant to Article 1.2 below. The Site is owned and managed by Vertemati Motorcycles Srl, with registered office in Via Brovada 4, Triuggio (MB), VAT No. 12658340968 (hereinafter the 'Owner').

1.2. For purchases of Products made through the Site, the parties will be Vertemati Motorcycles Srl, as seller (hereinafter the 'Seller'), and the person who purchases one or more Products for purposes not related to his/her entrepreneurial, commercial, craft or professional activity, as buyer (hereinafter the 'Consumer'), (Seller and Consumer will hereinafter be collectively referred to as the 'Parties').

1.3. The Owner is a party to these Conditions.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the ways indicated on the Website and to the email address info@vertematimotorcycle.com

1.5. Each purchase is regulated by the general conditions of sale in the version published on the Website at the time the order is sent by the Consumer.

1.6. The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are invited to refrain from placing purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions shall apply, but, as an exception to their provisions:

a) the purchaser shall not be entitled to the right of withdrawal as per article 10;

b) the purchaser shall not be entitled to the Product guarantee as per article 8;

c) the purchaser shall not be entitled to any other protection provided for in favour of the Consumer, which reflect or comply with binding provisions of the law;

d) the sales contract between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.1.7. When transmitting the purchase order, the Consumer accepts that the confirmation of the information relating to the order and these Conditions will be sent to the email address provided by the Consumer during registration on the Website or during the purchase process.

1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years old) and have legal capacity, which the Consumer declares to have.

1.9. Any costs for connection to the Internet to access the Site, including telephone costs, are the sole responsibility of the Consumer, according to the tariffs applied by the operator selected by the Consumer.

2. Product characteristics and availability in different geographical areas

2.1. Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its own discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date onwards.

2.3. Prices, Products for sale on the Website and/or their features may be subject to change without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4 The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries listed on the Website.

2.5. The Consumer has the option to request customisation, following the instructions on the Site, exclusively for certain Products indicated by the Seller in the relevant information sheet and according to the methods indicated therein. The Consumer assumes full and exclusive responsibility for the content of the requested customisation and, therefore, undertakes to indemnify and hold the Seller harmless from any and all claims made by third parties that are consequent to or in any way connected with the content of the Product customisation. Without prejudice to the above, in any case the Seller reserves the right not to accept customisation requests which, at its sole discretion, may be in breach of intellectual property rights and/or image and/or reputation and/or any other right of the Owner and/or third parties. In such cases, the Seller will inform the Consumer of his decision by e-mail, at the same time asking the Consumer to replace or completely eliminate the personalised text from the selected Product in order to proceed with the fulfilment of the order, without this giving rise to any liability on the part of the Seller in relation to the estimated delivery times. Customised Products cannot be returned, in accordance with Article 10 below.

3. Product purchase methods - Finalisation of each individual purchase contract

3.1. The presentation of the Products on the Website, not binding for the Seller, represents a mere invitation for the Consumer to formulate a contractual purchase proposal and not a public offer.

3.2. The purchase order sent by the Consumer to the Seller via the Site has the value of a contractual proposal and is regulated by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is obliged to accept fully and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to save or reproduce a copy for his/her personal use. In addition, the Consumer will be asked to identify and correct any errors in the entry of his/her data.

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, at the e-mail address declared to the Seller at the time of registration on the Site or transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain a link to the text of these Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at info@vertematimotorcycles.com

3.4. Each Product purchase contract is considered concluded when the Consumer receives order confirmation from the Seller via email.

4. Product selection and purchase procedure

4.1. The Products presented on the Site can be purchased by the Consumer selecting the Products of interest and adding them to the special virtual shopping cart. Once the selection of the Products is complete, in order to purchase the Products in the shopping cart, the Consumer will be asked to (i) register on the Website by providing the required data, or (ii) log in if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the finalisation of the contract. If the data indicated in the order are different from those provided during registration on the Website, the Consumer will be asked to confirm his/her data (including but not limited to: name, surname, etc.), as well as the address to which the selected Products are to be delivered, the billing address and, optionally, a telephone number where he/she can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be placed, the contents of which he/she can modify: then, the Consumer, after careful reading, must expressly approve these Conditions, by ticking the appropriate box (check-box) on the Site and finally, by clicking on the 'Place order' button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in paragraph 3.2. above of this contract. The Consumer will also be asked to choose the shipping and payment methods available. If the Consumer chooses to pay immediately (at the time of purchase) by credit card, PayPal or immediate bank transfer, they will be required to communicate the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will only be charged when the Seller sends the order confirmation to the Consumer.

4.2. If during the Product selection procedure on the Site referred to in point 4.1 above, the Consumer notes that the price of one or more of the Products he or she intends to select for purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Website, please do not complete your purchase order and report the above-mentioned technical error to the Seller's Customer Service by sending an email to info@vertematimotorcycles.com.

5. Delivery of goods and acceptance

5.1. The Website indicates the availability of the Products and their delivery times; however, this information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. In the event the Seller fails to fulfil the order due to the unavailability of the Product, even temporarily, the Seller shall provide written notice to the Consumer and shall refund any amounts already paid by the Consumer for the Product, in accordance with paragraph 5.3 below. If the Consumer has chosen bank transfer as the payment method, the delivery time will start from the receipt of the payment by the Seller.

5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer from those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any discrepancies with the order placed, according to the procedure referred to in art. 8 of these Conditions; otherwise, the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at its destination visibly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery 'with reservation'.

6. Prices, shipping costs, duties and taxes

6.1. The price of the Products is the one indicated on the Website at the time the order is sent by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Website.

6.2. The Consumer shall pay the Seller the total price as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

6.3. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the Products will be delivered. The Consumer is invited to contact the competent bodies of his/her country of residence or the country of destination of the Products, in order to obtain information on any duties or taxes applied in his/her country of residence or the country of destination of the Products.

6.4. The Consumer shall be solely liable for any additional costs, charges, duties and/or taxes that a given country may apply, for any reason, to the Products ordered under these Conditions.

6.5. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4. above, at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and that he/she cannot in any way charge the aforementioned charges to the Seller.

7. Payments

7.1. Payment of the price of the Products purchased through the Website must be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the contract shall be considered binding upon the Seller once the price of the purchased Product(s) is credited to the Seller's bank account.

7.2. Payment can be made by credit card and via PayPal, under the conditions described below. The Seller may allow other payment methods, which will be indicated in the payment section of the Website.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify, the operator that handles payments on behalf of the Seller. The transmitted data will be sent in a secure manner, through the encrypted transfer of data with a 128-bit SSL (SecureSocketLayer) system. These data are not accessible even to the Seller.

7.4. If payment is made by bank transfer in favour of the Seller, the Consumer must indicate the 'Swift' and 'IBAN' codes shown in the order confirmation, as well as the order number.

7.5. The Seller shall promptly send to the Consumer, if required by applicable law, an electronic receipt of the purchase via email to the address provided by the Consumer, if the purchased Products are to be delivered to an address in Italy, or as a paper copy attached to the purchased Products, in all other cases.

8. Legal guarantee of conformity of the Seller, reporting of lack of conformity and interventions under warranty

8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree no. 206/2005 (hereinafter the 'Consumer Code'), the Seller guarantees to the Consumer that the Products will be free from design and material defects and will conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with the use of the Product and the relevant instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, on tags or labels. The Seller also guarantees that the goods are of the quantity, quality, durability, functionality, compatibility and safety normally found in goods of the same type.

8.2. The Consumer may report any defects and non-conformities by sending the correctly filled in form to support@vr46. com, the appropriate form correctly filled in (click here to download the return form for defective products), indicating the defect and/or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). The action aimed at asserting defects not intentionally concealed by the Seller shall in any case lapse within twenty-six months from delivery of the Products to the Consumer.

8.3. Following receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the qualitative checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with a reply, containing the ' Return Code', by email to the address provided by the Consumer during the registration process on the Website or when placing the order. The authorisation to return the Products shall in no way constitute acknowledgement of defects or non-conformity, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation communication bearing the 'Returns Code', within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:

Vertemati Motorcycles Srl

Via Brovada 4

20844 Triuggio (MB)

Tel: 0362 943214

ITALY

8.4. In the event of defects or non-conformity, the Consumer shall be entitled to have the conformity of the Product restored by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.

If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Seller, again by email to info@vertematimotorcycles.com, the bank details necessary to make the bank transfer in his favour and to enable the Seller to refund the amount due.

9. Liability for damage caused by defective products

9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, as distributor of the Products through the Site, shall be released from any and all liability, with no exclusions and/or exceptions, indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.

10. Right of withdrawal

10.1 Without prejudice to the exceptions indicated in article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer has the right to withdraw from any contract concluded in accordance with these Conditions, without having to provide any explanation and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately in a single order, the last product was delivered.

10.2 To exercise the right to cancel, the Consumer must inform Vertemati Motorcycles Srl before the term indicated in point 10.1 above has elapsed.

Alternatively, the Consumer can send an explicit declaration to Vertemati Motorcycles Srl using the contact form at the email address info@vertematimotorcycles.com,della their decision to withdraw using the attached standard withdrawal form.

10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming exercise of the right to withdraw, containing, in the event that he/she has already received the ordered product in the meantime, the return form to be inserted in the package, and instructions to proceed with the return of the product, to be sent no later than the following 14 days to

Vertemati Motorcycles Srl

Via Brovada 4

20844 Triuggio (MB)

Tel: 0362 943214

ITALY

10.4 If the Consumer has received the product, he/she is required to return it to Vertemati Motorcycles Srl without undue delay and, in any case, within 14 days from the day on which he/she communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of this, shall be borne by the Consumer. If the Consumer exercises the right of withdrawal through the website, before confirming the request for withdrawal, the cost of returning the goods will be indicated, if the Consumer wishes to use the return service offered by the website.

10.5 In the event of withdrawal, the Consumer will be refunded for the payments made, including delivery costs (with the exception of additional costs deriving from the choice of a delivery method other than the least expensive standard delivery offered), without undue delay and, in any case, no later than 14 days after the withdrawal. Said refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs deriving from the use of a different payment method. The refund may be withheld until the goods are received or until the Consumer demonstrates that he/she has returned the goods, whichever is earlier.

10.6 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, showing signs of wear and tear, abrasions, scratches, deformations, etc.), not complete with all their parts and accessories (including labels and tags that are still attached to the product), not accompanied by the instructions/notes/manuals, the original packaging and wrapping and the guarantee certificate, where present, the Consumer shall be liable for any diminished value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, also from writing or labels.

10.7 Exclusion of the right of withdrawal - Pursuant to art. 59, first paragraph, letter c) of Legislative Decree no. 206/2005 (Consumer Code), the Consumer's right of withdrawal is excluded in relation to the supply of custom-made or clearly personalised Products. With reference to the aforementioned case of exclusion of the right of withdrawal, the Consumer is informed and accepts that the Products 'custom-made or clearly personalised' include the Products referred to in Article 2.5 above, in relation to which, therefore, the right of withdrawal referred to in this Article 10 will not apply.

11. Intellectual property rights

11.1. The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Vertemati Motorcycles Srl with registered office in Triuggio (MB), Via Brovada 4, VAT No. 12658340968 and/or its assignees, without access to the Website and/or purchase of the Products giving the Consumer any rights thereto.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Vertemati Motorcycles Srl with registered office in Triuggio (MB), at Via Brovada 4, VAT No. 12658340968.

12. Consumer data and privacy protection

12.1. In order to proceed with registration, place the order and therefore conclude the contract based on these Conditions, the Consumer is required to enter some personal data via the Website. The Consumer acknowledges that the personal data provided will be registered and used by the Seller, in compliance with the provisions of Italian Legislative Decree No. 196/2003 and subsequent amendments and additions. - Privacy Code, to execute each purchase made through the Site and, with your consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and truthful.

12.3. The Consumer may at any time update and/or modify their personal data supplied to the Seller through the specific section of the Site 'My Account' which is accessible after authentication.

12.4. For any further information on the methods of processing the Consumer's personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.

13. Security

13.1. Although the Seller adopts measures aimed at protecting personal data against possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the internet, the Seller and the Data Controller cannot guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has provided authentication (login), will not be accessible or viewable by unauthorised third parties.

14. Applicable law, attempt at conciliation and competent court

14.1. Each sales contract entered into between the Seller and the Consumers pursuant to these Conditions shall be governed by and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of the law in force in their country will be safeguarded.

14.2. In the event of a dispute between the Seller and a Consumer, we hereby guarantee to participate in an attempt at amicable settlement that each Consumer may initiate before RisolviOnline, an independent and institutional service provided by the Board of Arbitration of the Milan Chamber of Commerce, which enables you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the RisolviOnline regulations or to send a request for conciliation, please visit www.risolvionline.com.

14.3. As an alternative to the attempt at conciliation referred to in paragraph 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative dispute resolution procedure for a dispute relating to this contract, please visit the following link: https://ec.europa.eu/odr. The Seller's e-mail address to be indicated on the European ODR Platform is as follows: info@vertematimotorcycles.com.

14.4. If the attempt at conciliation referred to in point 14.2 or 14.3 above is not accepted or proves unsuccessful, the dispute shall be referred to the competent court of the place of residence or domicile of the Consumer.