GENERAL CONDITIONS OF USE
This web site, vr46.com, with the relative services and contents (hereinafter known as the "Site") is provided for users and/or clients (hereinafter known as the "Users" or User") for the promotion and sale of the consumables belonging to VR/46 RACING APPAREL S.r.l., and the supply of connected services, such as, for example, the newsletter and the contacts form (hereinafter known as the "Purpose").
The Site is managed by Diana E-Commerce Corporation S.r.l., with its registered offices located in Torreglia 35038 (PD), via San Daniele, 137/139, REA PD-442830, Tax Code and VAT Registration Number 05097740285, capital stock € 10.000 fully paid-up, a company with a sole shareholder, and subject to the direction and coordination of the company, The White Dog Srl, (hereinafter known as the "Operator"), further to the authorisation granted by VR/46 RACING APPAREL S.r.l., with its registered offices located in Viale F.lli Rosselli n. 46 – Pesaro.
The access, consultation, registration and any use of the Site and its relative contents and services, such as the purchase of products offered on it (hereinafter known as the ’"Use" or "To Use"), are activities regulated by these general conditions of use (hereinafter known as the "General Conditions of Use").
Use of the Site presumes that the User is aware of these General Conditions of Use, and shall lead to the unconditional and full acceptance of the same.
Therefore, the User is hereby invited to carefully read the General Conditions of Use, as well as the Privacy Information and the General Conditions of Sale, prior to Using the Site.
1 USE OF THE SITE
1.1 Use of the Site is exclusively authorised for personal reasons that are strictly connected with the Purpose and cannot be traced back, even only partially, to any activity of a professional, entrepreneurial, artisan and/or commercial nature.
1.2 Only adults shall be exclusively entitled to use the Site.
1.3 In using the Site, the User shall undertake not to:
a) communicate untrue and/or incorrect information, and/or relative to third parties, without their explicit consent and/or use the same incorrectly;
b) load, communicate and/or send materials, contents, links, files and transmit any other item that:
I. is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or unlawful nature;
II. constitute spam, pyramid communications, chains or any form of advertising or commercial or promotional communication unless it has been authorised in writing by the Operator;
III. is technically dangerous or harmful, such as, for example IT viruses, malware, codes or other instruments that might damage the Operator’ IT systems as well as third party ones;
c) interfere, interrupt, damage, infringe and/or tamper with the Site and its regular, functioning capacity;
d) breach third party rights, the General Conditions of Use and Sale on the Site and/or any provision in the legislation that is currently in force, such as, by way of an example, the (Italian) Law No. 633, dated 22nd April 1941 on copyright and the (Italian) Legislative Decree Law No. 196, dated 30th June 2003, concerning personal data protection.
1.4 Notwithstanding the Operator’s right, at any time whatsoever, to interrupt, suspend and/or revoke, even at his own discretion, and without having to provide any reason whatsoever, Use of the Site. The User acknowledges and accepts that the Operator shall not, in any case whatsoever, be held liable for any interruptions, suspension and/or revocation of the Use of the Site.
2 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATA BANKS
2.1 Any rights concerning the contents present or made available on the Site or connected with it, by way of an example, but not limited to the same, texts, images, photographs, music, sound, video, designs, logos, graphics, layouts, source codes, software, design, the technical solutions adopted and the structure produced for the Site, data banks (hereinafter known as the "Contents"), are held by the Operator and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator and are protected by the national and international laws in force on the subject of the protection of intellectual and/or industrial property rights and/or data banks.
2.2 Except for any temporary reproduction of the Contents for activities without any economic relevance and strictly connected with the Purpose, it is strictly forbidden to amend, reproduce, publish, transfer, divulge and/or use, otherwise, in any form or way, the Contents, without the Operator’s explicit authorisation in writing.
2.3 In any case, it is hereby understood, that The User’s use of the Site shall not lead to the latter’s acquisition of any rights whatsoever concerning the contents.
2.4 The User cannot undertake any operation that might contrast with the Operator’s regular management of the data bank, and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator or which might cause unjustified prejudice to the same.
2.5 Within the limits of what has been envisaged by the national and international legislation in force concerning the protection of intellectual and industrial property rights and/or data banks, it is strictly forbidden to systematically extract and/or use the Contents of the Site, by means of data mining, robots and other systems aimed at acquiring and extracting data, as well as producing and/or divulging data collections that reproduce, either totally or partially, the Contents of the Site and the services supplied, without the Operator’s explicit authorisation in writing.
3 TRADE MARKS AND DOMINION NAMES
3.1 The trademarks, dominion names and all the other distinctive signs contained and/or connected with the Site belong exclusively to the Operator or the respective owners who entertain, directly and/or indirectly commercial relations with the Operator.
3.2 Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the Operator’s explicit authorisation in writing, and that of the respective owners.
3.3 Use of the Operator’s name, as well as those who entertain, directly and/or indirectly commercial relations with the Operator is, in any case, strictly forbidden, as well as the use of the distinctive symbols, such as, for example, dominion names and trade-marks, by means of metadata (such as, for example, meta-tags e keyword-tags), without the Operator’s written authorisation or that of the respective owners
4 LINKS TO OTHER WEB SITES
4.1 The Site may have hypertext links to other web sites, which may have no connection whatsoever to the Site.
4.2 Said links have been exclusively indicated by the Operator to facilitate the Web Users navigation and connections towards other web sites.
4.3 Indication of a link shall not imply any kind of suggestion, sponsorship and/or recommendation by the Operator to use the connected web sites, nor any kind of warranty concerning the relative contents, services and/or goods offered and/or sold by the same.
4.4 The Operator does not control, in any way whatsoever, the web sites connected by links, nor the information, materials and products contained in them and, therefore, The User hereby acknowledges and recognises that the Operator cannot be held responsible for the actions, services, products, contents and the policies in force on said, web site, even in relation to personal data processing and conditions of sale.
4.5 Therefore, you are invited to carefully read the conditions of use, the conditions of sale, the privacy information and all, other legal notes on web sites other than the Site.
5 LINKS TO THE SITE
5.1 You can activate hypertext links to the Site, further to being authorised by the Operator to do so. To this end, you should contact the Operator at the following, e-mail address: firstname.lastname@example.org.
The Operator is, at all times, entitled to oppose the activation of links to the Site, even in consideration of the previous adoption of unfair commercial practices or ones not in compliance with sector uses, by an applicant, or rather unfair competition or actions discrediting the Operator
5.2 The activation of hypertext links is strictly forbidden (such as, but not limited to, deep links or deep frames) to the Site, without the Operator’s written authorisation.
6 PERSONAL ACCOUNT USE
6.1 The User shall undertake to supply accurate and complete data during the personal account registration phase, and promptly inform the Operator about any changes to the information supplied.
6.2 The User who is in possession of a personal account on the Site shall undertake to keep his access credentials confidential and monitor the regular operating capacity of the account, itself, and immediately inform the competent authorities of its use or an attempt to use his account by unauthorised third parties.
6.3 The User hereby accepts that he is solely responsible for all the actions initiated by means of his account, as well as all the damaging consequences or prejudice that might be caused to the Operator, or third parties, further to using his personal account in breach of the General Conditions of Use, the other legal notes set forth on the Site and/or applicable provisions in force, as well as the loss and theft of his access credentials.
6.4 Notwithstanding, the Operator’s entitlement, at any time whatsoever, to suspend, amend or cancel each personal, User account, in breach of the General Conditions of Use, other legal notes contained on the Site, legislative provisions in force or at the Operator’s unquestionable judgement. The User hereby acknowledges and accepts that the Operator shall not, in no case whatsoever, be held responsible for any suspensions, amendments and/or cancellations of his own, personal account.
7 WARRANTIES AND REPONSIBILITY PER USING THE SITE
7.1 The Operator hereby supplies the Site in its current state and fact in law, without any kind of warranty, explicit or implicit, for The User.
7.2 The Operator does not guarantee the Site’s regular operating capacity and those that are connected to it, even indirectly. Within the limits consented by law, the Operator shall not be held liable for any damages incurred through using the Site as well as the third party sites, which are, even indirectly, connected, such as, by way of an example, but not limited to the same, any damages incurred by IT systems, the loss of data or commercial opportunities, as well as damages caused by an interruption to economic activities or derived from Site errors, delays, omissions and inaccuracies.
7.3 The User acknowledges and accepts that the Operator cannot be retained as being in breach of his obligations, nor responsible for any damages incurred by the lack or incorrect functioning of The User’s own and/or third party hardware and software components, telephone and/or telematics connections that are not managed by the Operator directly, as well as the actions of other Users and/or third parties.
7.4 The User is the sole party responsible for Use of the Site. Within the limits consented by law, no responsibility whatsoever can be attributed to the Operator in relation to The User’s Use of the Site, which runs contrary to the legislative provisions in force, the legal notes set forth on the Site and/or damaging to third party rights. Within the limits of what has been envisaged by the legislative provisions in force, The User shall undertake to hold the Operator harmless from all charges and damages, including any legal fees that might be caused by his Use of the Site, in breach of the legislative provisions in force, the legal notes contained in the Site and/or damaging to third party rights.
8.1 In relation to User, personal data processing, please refer to the Information on Privacy.
8.2 In order to take advantage of the services provided and made by The User, information specifications shall be supplied, and, where necessary, specific consent to personal data processing.
9.1 The Operator has done everything possible to avoid that the Site Contents published describe or represent physically or psychologically violent scenes or any such ones that the Users’ sensitivity might retain them as being prejudicial to civil convictions, human rights and personal dignity, in all its forms and expressions. In any case, the Operator cannot guarantee that the Site’s Contents might be appropriate or lawful in other countries, excluding Italy. However, if said Contents are retained as being unlawful or illegal in some countries, access to the Site is not recommended and if The User does, in any case, access it, the use he makes of the services supplied shall be at his own, exclusive and personal responsibility.
9.2 Notwithstanding what has been envisaged in the Site’s legal notes and the legislative provisions in force, the Operator shall be entitled to amend – at any time whatsoever and without being obliged to communicate – any information, contents or other elements present on the Site.
9.3 The fact that the Operator and/or any third parties with whom the former entertains, directly and/or indirectly commercial relations, delays or omits to assert his entitlements, on the basis of the General Conditions of Use, the Site’s other legal notes and the legislative provisions in force, this does not constitute his/their entitlement of asserting said right, in relation to any actions initiated or which may be initiated in the future.
10 USER GENERATED CONTENT ("UGC")
10.1 The natural person and/or corporate person who, directly or indirectly (even by means of sending specific hashtags) duly authorises the communication and/or publication and/or divulgation of his own, contribution, in any form or nature whatsoever, and on any medium (including, by way of an example, but not limited to the same: images, photographs, videos, sound, music, texts, the written word and works of any kind whatsoever) by VR/46 RACING APPAREL S.r.l. (hereinafter known as the "Grantor"), shall transfer the same, in perpetuity, irrevocably, non-exclusively, free-of-charge, royalty exempt, and all economic exploitation rights, including the copyright and connected rights relative to said contribution (hereinafter known as "Authorised Contributions"), together with sub-licensing rights. To this end, the Grantor explicitly acknowledges VR/46 RACING APPAREL S.r.l. the unquestionable right of using the Authorised Contributions, of deciding when to use them or remove them, since VR/46 RACING APPAREL S.r.l. and its assigns are the sole, lawful and competent subjects to this end, without limits of time. Said rights shall be granted for the whole World and for all uses and economic exploitation. All the Authorised Contributions shall be considered of a non-confidential nature. By effect thereof, VR/46 RACING APPAREL S.r.l. shall be entitled to: use, copy, distribute, reproduce, transfer, exploit, amend, process, transform, hold on a data base, make cuts, changes and/or additions, insert or replace comments and/or divulge said Contributions in favour of third parties for any purpose and in compliance with the advertising and/or commercial conditions that VR/46 RACING APPAREL S.r.l. and/or its assigns believe to be most expedient (such as, by way of an example, but not limited to the same, by means of reproducing and publishing the Contributions by means of social network channels, such as Facebook and Instagram, in brochures, magazines, albums, collections, products, etc. even within the scope of commercial enterprises). To this end, the Grantor shall also authorise VR/46 RACING APPAREL S.r.l. and its assigns to combine/tie in, either directly or indirectly, the Authorised Contributions with commercial and promotional initiatives, and the image and distinctive symbols belonging to VR/46 RACING APPAREL S.r.l. and/or its assigns (except for the Grantor’s moral rights).
10.2 The Grantor warrants that he is entitled to the rights and has the legal capacity to execute these General Conditions of Use in his own jurisdiction and that the Contribution is an original and exclusive work, and that the same:
- has not been derived from any, third party work, without their authorisation;
- does not breach, in any way whatsoever, copyright, registered trademarks or any other, third party, intellectual or industrial property rights;
- does not breach or potentially infringe any, third party property or personal rights whatsoever, having received the authorisation required and/or specific consent from any third parties involved (or from who has the authority to do so), at any title whatsoever, involved in the Contribution;
- does not breach any provision of the law, including, by way of an example, the provisions set forth in the (Italian) Law No. 633/1941, and subsequent amendments and integrations made thereto, the (Italian) Legislative Decree Law No. 30/2005 – The Industrial Property Code, and subsequent amendments and integrations made thereto, the (Italian) Legislative Decree Law No. 196/2003 – Privacy Code;
- is not obscene, racist, discriminatory, nor in any other way contrary to public order nor the principles of public morality in force;
Undertaking to hold VR/46 RACING APPAREL S.r.l. and its assigns harmless whenever one or more declarations or warranties is revealed as being false or inaccurate.
VR/46 RACING APPAREL S.r.l. and its assigns shall also be entitled to reveal the Grantor’s identity to any third parties who sustain that the Authorised Contributions constitute breach of their intellectual property and/or confidentiality rights.
10.3 VR/46 RACING APPAREL S.r.l. and/or its assigns shall not be held liable in relation to any breach of the Grantor’s rights and/or those of any third parties derived, either directly or indirectly, from use , in any way whatsoever, of the Authorised Contributions, in any case, by way of contractual or extra-contractual liability (including, by way of an explanation, negligence or breach of the law) with reference to i) financial damages (including, by way of an explanation, any damages sustained, loss of income and loss of profits, both actual and envisaged, contracts, business generated, opportunities or savings envisaged); ii) loss or reputation; iii) consequential or indirect damages sustained by the Grantor or third parties.
10.4 The Grantor acknowledges that he is responsible to VR/46 RACING APPAREL S.r.l. and/or its assigns, to hold them harmless from all costs, direct or indirect damages, expenses, losses, including any, eventual legal and trial expenses, and in relation to any claim and/or demand and/or action that might be brought in any place by third parties, including public authorities, administrative and state bodies, because of any dispute derived from or, in any way whatsoever, connected with the Contributions’ use by VR/46 RACING APPAREL S.r.l. and/or its assigns, and the declarations and warranties provided by the Grantor through these General Conditions of Use.
11 APPLICABLE LAW AND DISPUTE SETTLEMENT
11.1 These General Conditions of Use are regulated by Italian Law.
11.2 In the case of disputes arising out of the General Conditions of Use between the Operator and the User, the User shall be entitled, by means of the link, https://webgate.ec.europa.eu/odr, to access the platform for the online settlement of disputes supplied by the European Commission.
12 AMENDMENTS TO THE CONDITIONS OF USE
12.1 The Operator shall be entitled, either totally or partially, to amend these General Conditions of Use, even in considerations of any, legislative changes and/or its own, commercial policies. Any amendments to the General Conditions of Use shall be communicated to the Users on this page of the Site, and shall become binding as soon as they are published on the Site.
12.2 The User shall be subject to the regulations set forth in the General Conditions of Use, which are, from time to time, in force, when The User makes use of the Site.
13 CUSTOMER CARE
13.1 If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:
- by e-mail: email@example.com;
- by post: Diana E-Commerce Corporation S.r.l., Via San Daniele, 137/139, 35038, Torreglia (PD).
GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter known as the "General Conditions of Sale") shall regulate the goods offered and sold on the web site, vr46.com (hereinafter known as the "Site").
The goods purchased on the Site (hereinafter known as the "Products")are sold directly by the company,Diana E-Commerce Corporation S.r.l., with its registered offices located in Torreglia 35038 (PD), in via San Daniele, 137/139, Tax Code and VAT Registration Numberb 05097740285, entered in the Register of Companies in Padova, under no. PD442830, a sole shareholder company, and subject to the direction and coordination of the company, The White Dog Srl, capital stock: 10,000 € fully paid-up (hereinafter known as the "Seller"), further to the authorisation granted by VR/46 RACING APPAREL S.r.l., with its registered offices located in Viale F.lli Rosselli n. 46 – Pesaro.
You must read and accept these General Conditions of Sale to be able to send a purchase order. Non-acceptance of the General Conditions of Sale shall make it impossible to purchase goods from the Site.
1.1 The General Conditions of Sale shall exclusively regulate the offer, the shipping and acceptance of the purchase orders for Products on the Site, between the Seller and Site users.
1.2 The Seller, by means of the Site, shall offer the Products for sale and shall perform its e-commerce activities exclusively in relation to its final end-users, who are adults and "consumers", or rather, natural persons, who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might, eventually, be conducted (hereinafter known as the "Client").
1.3 The offer and sale of the Products refers exclusively to the countries set forth in the list of shipment countries listed on the relative page of the Site, which can be reached by means of the Homepage.
1.4 The Seller, therefore, shall be entitled not to process any orders from individuals, other than the "consumer" and/or minors, from countries that are not included among the shipment countries or, in any case, orders that are not in compliance with its own commercial policy.
1.5 The General Conditions of Sale do not regulate the sale of goods or supply of services by individuals other than the Seller, even if they are present on the Site by means of links, banners or other linking methods. The Client shall undertake to check the conditions of sale, prior to sending orders and purchasing goods and services from individuals other than the Seller. The latter, therefore, shall not be held liable for the sale of goods and/or the supply of services by third parties and/or the execution of agreements between the Client and third parties.
2 PRODUCT PURCHASE ORDERS
2.1 The Client, in order to purchase one or more Products on the Site, must select the Products he wishes to purchase and add them to the shopping trolley. Once he has chosen the Products, the Client must go to the checkout on the shopping trolley web page, complete the order form electronically, in compliance with the relative instructions, and send it to the Seller.
2.2 The purchase orders may be made in English, Italian, French and German.
2.3 The Product purchase orders may be made by the Client both by means of his, own account, if he has registered his details on the site, or as a "guest", supplying, in this case, the personal details required to process the order.
2.4 Reference to the General Conditions of Sale has been set forth in the order form, as well as a summary concerning the main characteristics of each Product ordered, and the relative price, the methods of payment accepted and the delivery terms applied to the Products purchased, the shipment and delivery costs, the conditions established to assert withdrawal rights, and the conditions and times to return the Products purchased.
2.5 Prior to going ahead with purchasing the Products, by sending the order form, the Client shall undertake to read the General Conditions of Sale, which can also be printed, memorised or copied for personal use. The Client, by sending the order form, hereby declares that he has understood and approved the contents set forth in the form, as well as accepted the General Conditions of Sale and Use of the Site whilst, if he cannot, the order form cannot be sent.
2.6 Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.
2.7 Furthermore, when the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.
2.8 Once the purchase order has been accepted, the Seller shall undertake to send the Client a purchase order receipt, which shall contain a summary of the General Conditions of Sale, the information relative to the Products’ essential characteristics, a detailed indication of the price, the methods of payment, the conditions and ways of asserting the withdrawal entitlement and the delivery charges.
2.9 The Seller is entitled not to accept any purchase orders that are incomplete or have not been filled in correctly, which do not provide sufficient solvency guarantees or if the Products are unavailable. In these instances, the Seller shall promptly undertake and, in any case, within fourteen (14) days, running from the date on which the order was sent to the Seller, inform the Client, by e-mail, that the agreement has not been executed and that the Seller shall not process the purchase order. In the case in which the Client has already sent the order form and paid for the Products, the Seller shall undertake to reimburse the monies paid.
2.10 The order form shall be archived in the Seller’s data bank for the time required to process the orders and, in any case, in compliance with the terms of the law in force. The Client, if registered on the Site, shall be able to see the orders made, access his, own account and consult the specific section on the Site. The Client who has made the purchase as a "guest" shall be entitled to check the orders made by contacting Customer Services, as indicated in paragraph 11 "Customer Care" herebelow.
3 THE PRODUCTS’ CHARACTERISTICS
3.1 Original Products, characterised by the brand name, "VR|46", are exclusively offered for sale on the Site, further to authorisation granted by VR/46 RACING APPAREL S.r.l. and/or any, other individual authorised by the latter.
3.2 The Products’ essential characteristics have been set forth on the Site, in each Product description. The images and colours relative to the Products on sale might not, however, correspond to the real ones, caused by the Internet browser and/or monitor used.
3.3 Each Product is sold on the Site together with its identification tag, which constitutes an integral part of the Product.
4.1 The Product prices set forth on the Site are calculated in Euro (€) and do not include shipment and delivery costs, which are clearly indicated at the beginning of Product purchase procedure.
4.2 The Product prices may be subject to variations. The Client shall undertake, therefore, to check the final sales price prior to sending the relative order form.
4.3 The payment conditions can be referred to on the Site Payments page, which have also been set forth on each, individual purchase order form, and constitute an integral part of the General Conditions of Sale.
4.4 The Product purchase price and the shipping costs, as set forth in the order form, shall be charged by the Seller when the Products are shipped.
4.5 In the case in which payment is made by credit card, the financial information (such as, for example, the credit or debit card number or its expiry date) shall be forwarded encrypted to banks or companies that supply the relative electronic distance payment services, without any third person whatsoever having access to the same. Furthermore, said information shall never be used by the Seller except for completing the procedures relative to the purchase, for which it was provided, and to issue any reimbursement in case of the Products being returned, further to asserting the withdrawal entitlement or to prevent or report fraud having been committed on the Site to the Police.
4.6 If the Product is delivered to a European Union country, it should not be subject to any Customs Clearance costs, such as import taxes and/or duties.
If, instead, delivery is made to a country that does not belong to the European Union, the Products sold might be subject to Customs Clearance costs, such as importation taxes and/or duties, which are demanded on the Product’s arrival in the country of delivery. The Customs Clearance costs cannot be envisaged by the Seller in advance, and they shall, in any case, be fully borne by the Client.
If you require some more information, the Client should contact the Customs and Excise office in the country where the Product is shipped.
5 PRODUCT DELIVERY
5.1 The Products, ordered on the Site, are sent by express courier service. The Product delivery costs, methods and terms have been set forth on the "Shipping" page, as well as on each, individual purchase form, and shall constitute an integral part of the General Conditions of Sale.
5.2 The Product delivery time, on the Site, refers exclusively to working days, explicitly excluding public holidays.
5.3 The Client must make the purchase order directly on the Site page relative to the country where the purchased Product shall be delivered. The Site should be capable of automatically recognising the country from which the Client is connecting, but you can change the Site reference country by means of the list of shipment countries that have been drawn up on the relative Site page.
The orders made from one section of the Site relative to a country other than the one where the Products are to be shipped or to a country other than the one envisaged as the destination or to an address that is not admitted by the courier appointed by the Seller (such as, for example, P.O. boxes and Hold Mail services), shall not be accepted. The Site is not authorised to send goods to: Channel Islands and Isle of Man (UK), Canary Islands, Ceuta and Melilla (ES), Greenland (DK) and Puerto Rico.
6 WITHDRAWAL ENTITLEMENT
Asserting the withdrawal entitlement
6.1 The Client shall be entitled to withdraw from the agreement executed with the Seller, free-of-charge, and without having to explain why, within fourteen (14) days running from the date on which the Products, purchased on the Site, are physically acquired.
6.2 The Client, in order to assert his withdrawal entitlement, may communicate his decision to withdraw from the agreement by means of the withdrawal form on the Site. To this end, the Client shall undertake to access the section of the Site relative to the orders made, fill in the withdrawal form and e-mail it to the Seller.
6.3 Alternatively, the Client shall be entitled to send an explicit, written communication concerning his decision to withdraw from the agreement to the Seller, supplying his personal details (such as his name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; to this end, the Client shall be entitled, if he wishes, to use the model withdrawal form , referred to in Annex I of the (Italian) Legislative Decree Law No. 21, dated 21st February 2014. In the case in which the Client selects this option, the withdrawal communication must be sent to the Seller by:
- post: Diana E-Commerce Corporation S.r.l. Via San Daniele, 137/139, 35038, Torreglia (PD), or
- e-mail: firstname.lastname@example.org.
6.4 When the withdrawal entitlement is asserted, the Product chosen cannot be directly replaced by another one; if the Client wishes to purchase a new Product, he shall have to start again and make another order.
6.5 The Client shall be held liable for the reduction in value of any Products, which has been caused to the same, other than what is required to establish the Products’ nature, characteristics and operating capacity.
6.6 The Seller shall be entitled not to go ahead with the withdrawal procedure if the Products are returned without their identification tags.
6.7 Furthermore, the withdrawal entitlement cannot be asserted if the:
- Products have been made to measure or customised;
- Products run the risk of deteriorating or going off quickly;
- sealed Products cannot be returned for reasons of hygiene or connected with health protection, and which have been opened after delivery;
- Products, after delivery, have been inextricably mixed with other goods;
- Products are made up of sealed audio or video recordings or sealed IT software, which have been opened after delivery.
Return times and conditions
6.8 Products that are subject to withdrawal must be returned to the Seller. In order to go ahead with the returns procedure, the Client shall undertake to send the Products back, within fourteen (14) days running from the date on which the Client sent the Seller the relative withdrawal form, to Diana E-Commerce Corporation S.r.l., Via San Daniele, 137/139, 35038, Torreglia (PD), with the withdrawal form available from this page. The Products returned can also be sent with the withdrawal form referred to in Article 6.3 foregoing hereto.
6.9 Payment of the costs incurred by returning the Products shall be charged to the Client.
6.10 You should, where possible, return the Products inside the packaging sent by the Seller.
Reimbursement times and conditions
6.11 Once the Products have been received, the Seller shall go ahead with the ascertainment procedure relative to the conformity of the same with the terms and conditions set forth in Article 6.
6.12 If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.
6.13 Whatsoever payment method was adopted by the Client, reimbursement shall be activated by the Seller, further to checking the correct execution of the withdrawal entitlement, in the shortest time possible and, in any case, within fourteen (14) days from the date on which the Seller received the withdrawal communication. Reimbursement may be suspended by the Seller until receipt of the Products or until the Client has proven that he has sent the Products back, if previous thereto.
6.14 The Seller shall perform the reimbursement using the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise. If there is no match between the recipient of the Products indicated in the order form, and the individual who paid for their purchase, reimbursement of the monies paid shall be made in favour of the individual who paid, unless agreed otherwise.
6.15 If the terms and conditions to assert the withdrawal entitlement are not complied with, as specified in Article 6, the Client shall not be entitled to reimbursement of the monies previously paid in favour of the Seller; however, the Client may be able to reobtain, at his own expense, the Products in the state in which they were returned to the Seller.
7 LEGAL GUARANTEE OF CONFORMITY
7.1 Besides the warranty provided for any faults in the goods sold, the Seller shall provide the Products with a legal guarantee of conformity, in compliance with what was envisaged in Heading III, part IV of the (Italian) Legislative Decree Law No. 206, dated 6th September 2005 (the so-called Consumer Code). Said warranty envisaged that the Seller shall be liable for any non-conformities in the Products sold, which arise within two (2) years from the Products’ delivery.
In order to take advantage of this guarantee of conformity, the Client, at the risk of forfeiting this right, must inform the Seller of any defect in the Product purchased within two (2) months of having found it.
In the case of any defect in conformity reported within the terms envisaged, the Client shall be entitled, at his own decision, to have the Seller repair the goods or replace them, without any costs being incurred in both cases, except when the remedy requested is objectively impossible or excessively burdensome compared to the other one. The Client shall also be entitled to request, at his own decision, an adequate reduction in the price paid or termination of the agreement, in those instances in which repair or replacement are impossible or excessively burdensome, the Seller has not repaired or replaced the goods within an adequate period of time or the replacement or repair, previously performed, has incurred considerable inconvenience for the Client.
If you wish to take advantage of the guarantee of conformity, you should keep and show the Product’s purchase documents
For more information concerning the consumer legal guarantee of conformity, the Client should consult the Consumer Code.
8.1 In relation to the Client’s personal data processing, reference should be made to the Information provided on Privacy.
8.2 In order to take advantage of specific services provided further to the Client’s request, information specifications shall be supplied as well as specific authorisation when personal data is collected, if necessary.
9 APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 The General Conditions of Sale are regulated by Italian Law and, in particular, by the provisions set forth in the (Italian) Legislative Decree Law No. 206, dated 6th September 2005, the "Consumer Code", with specific reference made to the provisions on the subject of agreements executed at a distance and by the (Italian) Legislative Decree Law No. 70, dated 9th April 2003, on some of the aspects concerning E-commerce.
9.2 In the case of any disputes arising, between the Seller and each Client, out of the General Conditions of Sale, the Client shall be entitled to access, by means of the link, https://webgate.ec.europa.eu/odr, the platform for settling online disputes supplied by the European Commission.
10 AMENDMENT OF THE GENERAL CONDITIONS OF SALE
10.1 The General Conditions of Sale may, at any time whatsoever, be amended by the Seller, even in relation to any legislative changes that might arise. The new General Conditions of Sale shall enter into force from the moment in which they are published on the Site. Clients are, therefore, invited to regularly access the Site to consult the most up-to-date version of them, prior to making any purchase
10.2 The General Conditions of Sale applicable to each agreement executed by the Client by means of the Site shall be those in force on the date on which the purchase was sent.
11 CUSTOMER CARE
11.1 If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:
- by e-mail: email@example.com;
- by post: Diana E-Commerce Corporation S.r.l., Via San Daniele, 137/139, 35038, Torreglia (PD).
The consultation of this website implies the processing of people’s personal details that are identified or can be identified by VR/46 RACING APPAREL S.r.l., being the personal data collector.
“Personal data” means “any information relevant to an individual that is identified or can be identified whether directly or indirectly, (the “concerned person”); by means of his/her name, identification number, data relevant to the place, online identification number or one or more details that distinguishes his/her physical, physiological, genetic, psychic, economic, cultural or social identity”.
The personal data “processing” includes any operation or set of operations that is carried out with or without automatic processes that are applied to personal details or sets of personal details such as collection, registration, organization, the structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form to compare or interconnect, as well as limitation, cancellation or destruction”.
Pursuant to art. 13 of the Rules (UE) 2016/679 (hereinafter the “Rules”), this page provides information on how to manage the processing of the user’s personal data (hereinafter “the User” or “the Concerned Person”) who interacts with the web services of VR/46 RACING APPAREL S.r.l. accessible from the address www.vr46.com(hereinafter the “Website).
The information is provided only for the Website and possible sub-domains and not for the other web sites that can be visited by the User via hypertextual connections or links.
Please read this information carefully before providing your personal details.
- PERSONAL DATA COLLECTOR
The Personal Data Collector is VR/46 RACING APPAREL S.r.l. with registered office at Viale F.lli Rosselli n. 46, 61121, Pesaro, VAT No. 02495180412, e-mail firstname.lastname@example.org (hereinafter “VR/46 RACING APPAREL S.r.l.” or “Collector”).
- PURPOSES AND JURIDICAL BASE OF THE PROCESSING
- Navigation data
The IT systems and the software procedures of the Website acquire some personal data during their normal operation because the transmission of data is implicit in the use of Internet communication protocols.
This information is not collected to be associated to a specific person but it might be processed and associated to data held by third parties in order to identify a User. This data category includes IP addresses or the domain names of the Users’ computer connecting to the Website, the URI (Uniform Resource Identifier) of the required requests, the times of each request, the method that is used to send the request to the server, the dimension of the reply file, the numeric code indicating the status of the server answer (i.e. successful, error, etc.) and other parameters relevant to the operating system and the User’s IT environment.
This data is utilized only for getting anonymous statistic information relevant to the use of the Website and to make sure that the Website works properly, as well as to guarantee the security of networks and information. Moreover, the navigation data could be used to defend or enforce a legal right and/or to prove and prevent fraud or other crimes.
- B. Cookies
- Personal data provided by the User
- Explicitly and voluntarily sending an email to the Website addresses implies that the receiver will acquire the data in order to answer the request.
The voluntarily data provided by the User is collected to meet the User’s requests and might be processed by the Collector to fulfil his legal obligations or to defend his rights and/or to prevent fraud or other crimes.
The juridical base of the processing consists of the execution of a contract or pre-contractual measures adopted upon the User’s request and for the legitimate interest of the Collector.
For special activities requested by the User, please see the specific information from the following links:
- registration to the Website,
- purchasing items without logging in,
- subscription to the newsletter service,
- sending communication by means of the contact form,
- updates relevant to the availability of a product.
- PROVIDING PERSONAL DETAILS
Except for what is given above relevant to the navigation data and cookies, the Users can provide their personal data by sending an email to the website addresses or when they ask for specific website services. It is not compulsory to provide personal details but it might be necessary to meet the User’s requests; the refusal to provide personal data may make it impossible to meet the User’s requests or supply the requested services.
- 4. PRESERVATION OF PERSONAL DATA
The personal data is preserved by the Collector for a limited time and in accordance with the purposes it is collected for. In particular the following will occur:
- Browsing data is deleted after being processed for the purposes it is collected for;
- the data voluntarily provided by the User by sending electronic mail to the addresses indicated on the website is kept for the time necessary to meet the related requests and, then, for a period not exceeding 10 years in accordance with the legal obligations relevant to civil, fiscal and accounting subjects.
In any case, the data collected through the Website may be stored for longer periods, but within the legal limits, to defend or enforce a right and/or for the prevention and/or verification of fraud and other offenses or crimes.
- PROCESSING METHODS
The User data will be processed by the Data Controller using mainly IT and telematic methods.
Specific security measures are adopted to minimize the risk of destruction or loss of personal data, unauthorized access. The Collector has adopted all suitable security measures given by the law.
- 6. CATEGORIES OF RECIPIENTS OF PERSONAL DATA AND DISTRIBUTION OF DATA
No personal details collected from the Website are diffused.
In order to achieve the purposes that the personal data is collected for, the Collector can appoint other responsible parties for processing the personal data such as the following:
- IT service providers, i.e. direct marketing, internet service and cloud computing,
- subjects that are in charge of the warehouse logistics, as well as promotion, sale and delivery of the products and services of the Collector,
- customer care,
- companies and other subjects that provide customers with legal, fiscal, accountancy, financial, technical-organization, data processing and communication services;
- subjects that provide bank services, i.e. financial, insurance and credit recovery services;
- controlled companies and subsidiaries;
- public authorities and supervising bodies;
- third party companies involved in operations of merging, acquisition or sale of the company or a branch of the company.
The updated list of the Data Processors of personal data is available by a specific request to the Data Controller through the methods indicated in the following paragraph "Rights of the concerned person".
Personal details can be also known by the staff in charge of the execution of orders, the administrative staff, the customer care offices, the marketing and IT departments and other persons in charge of the supply of the services of the Website and the technical and commercial personnel.
- 7. SOCIAL BUTTONS E WIDGETS
The Website is equipped with Social buttons/widgets. These icons are the social network icons such as Facebook, Twitter, Instagram, Pinterest and Google+ and they allow the User to interact with the relevant networks by simply clicking on the icon. By entering the social networks, the user can share content or recommend the Website products.
After clicking the Social buttons/widgets, the social network might collect the data relevant to the User’s visit to the Website. As given in the introduction, this privacy information note does not consider the processing of the User’s personal data performed by social networks.
Outside of cases where the User voluntarily shares his/her navigation data with the social networks choses by clicking on the social button/widgets, the Collector will not share or diffuse any detail of the User with the social network.
- INDIVIDUALS UNDER 18 YEARS OLD
This Website is to be used by people older than 18 years old. Therefore, requests from people under 18 will not be considered.
9. TRANSFER OF DATA BOTH TO A THIRD COUNTRY AND/OR AN INTERNATIONAL ORGANIZATION
Your personal data may be transferred, for the purposes for which it is collected, to the United States of America (USA) which is a country not belonging to the European Union.
The transfer of personal data to subjects located in the USA will take place exclusively in accordance with the agreement between VR/46 RACING APPAREL S.r.l. and the non-EU recipient and in accordance with the standard contractual clauses adopted or approved by the European Commission (art. 46, paragraph II, letters C and D of the Regulation) or in any case, between VR/46 RACING APPAREL S.r.l and subjects registered in the Privacy Shield list that is a self-certification mechanism for companies set up in the USA that want to receive personal data from the European Union in accordance with the execution decision (EU) 2016/1250 adopted by the European Commission on 12 July 2016.
To obtain a copy of this data, please contact VR/46 RACING APPAREL S.r.l., as given in the following paragraph "Rights of the concerned person".
- 9. RIGHTS OF THE CONCERNED PERSON
With reference to the provided data, the User, being the person to whom the personal data refers, has the right at any time to ask the Owner for the following:
- • the confirmation that personal data is being processed and, in this case, to access his/her personal data and obtain a copy of it (see Article 15 of the Regulation);
- • the correction of inaccurate personal data, as well as the integration of it, provided that the purposes of the processing are met (see Article 16 of the Regulation);
- • the cancellation of personal data in accordance with the cases given in art. 17 of the Regulation;
- • the limitation of data processing in the cases given in art. 18 of the Regulation;
- • to prevent the processing of personal data (see Article 21 of the Regulation);
- • data portability (see Article 20 of the Regulation);
- • if the User has expressly authorized the processing of his/her personal data for one or more specific purposes (see Article 6, paragraph 1, letter A of the Regulation), to revoke his/her consent without affecting the legality of the processing based on the authorization given before the revocation.
To exercise these rights, the concerned person shall contact VR/46 RACING APPAREL S.r.l., the Data Owner, as follows:
- By mail: Strada Pirano Ang. Via Pio la Torre, 1/8 – 61010 - Tavullia, or
- By e-mail: email@example.com.
The concerned person, if logged onto the website, may revoke his/her authorization by entering the "My account" section of the website or, if he/she has subscribed the newsletter service, by entering the link contained in each communication received from the Owner.
Finally, the interested person has the right to claim to the Guarantor Authority for the protection of personal data as the Guarantor is the control authority of the established procedures.
*CODE ON THE SUBJECT OF PERSONAL DATA PROTECTION
Art. 7. Right of access to personal data and other rights
1. The interested party is entitled to obtain confirmation as to the existence or not of the personal information that refers to him, even if it has not been registered yet, and its intelligible communication.
2. The interested party is entitled to obtain an indication as to the:
a) origin of the personal data;
b) purposes and processing methods;
c) logic applied in the case of processing being performed electronically;
d) details concerning the Controller, the handlers and representative appointed, pursuant to Article 5, paragraph 2;
e) individuals or categories of individuals to whom the personal data may be communicated or who may become aware of it in their capacity of representatives within the territory of the State, data processors or individuals in charge of processing.
3. The interested party is entitled to obtain the:
a) updating, amendment or, if he wishes, integration of the data;
b) cancellation, transformation, into anonymity or the blockage of data processed in breach of the law, including the information that does not need to be kept, in relation to proposes that required its collection or subsequently processed;
c) confirmation that the operations referred to in letters a) and b) have been brought to the attention, even with reference to the contents, to those to whom the data was communicated or divulged, except in the case in which the same would have been impossible or would have led to a use of means disproportionate to the right protected.
4. The interested party shall be entitled to raise opposition, either totally or partially:
a) for lawful reasons concerning processing the data that refers to him, even it pertinent to the reason it was collected;
b) the personal data processing that concerns him refers to sending advertising material, direct sales, market research or commercial communications.