SALE CONDITIONS

 

Prices

All prices are shown on www.capitshop.com include VAT (22%). If you log-in on the site as registered Customer the prices come automatically modified to the fiscality of the Country of register (UE – non UE) and the Customer can conclude the purchase with the correct prices for own Country. Extra UE shippings are not included of customs duty and will be pay by Customers according to local Country custom (DAP/DDU intercoms). Prices can change at any time without news. In case of special offers prices will be valid until the end of that stock. Special offers with free shipping are valid only for Italy. Discounted price products have the full price (crossed out price) with respect to which the discount is calculated (displayed price) and corresponds to the lowest price applied in the 30 days prior to the application of the price reduction.

 

Guarantees

All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. This guarantee is reserved for private individuals only, for those who make professional use of the goods and/or are purchased with an invoice, the guarantee is 12 months as required by Directive 1999/44/CE. Once a defect or defect is found, it is compulsory to communicate it to MotoShopItalia S.a.s. by opening a return procedure (RMA) from your Customer area and, once the return authorization has been received, the product must be returned at your own expense (or via our home courier with a fixed cost) or delivered to our office. MotoShopItalia S.a.s. will repair or replace as soon as possible, unless the requested remedy is impossible or imposes disproportionate costs on the seller for which the reimbursement will be made, after a technical check carried out at its premises or that of the manufacturer by specialized personnel. The customer with the right to guarantee will not be asked for any additional sum compared to the price paid at the time of purchase and the return to the customer's home will be borne by MotoShopItalia S.a.s.

 

Limitation of Guarantees

Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee. The warranty does not apply to damage caused by neglect, incorrect use and installation and not compliant with the warnings and indications given in the instruction or installation manual, from misuse, abuse, deterioration, lightning, atmospheric phenomena, overvoltages and overcurrents, insufficient or irregular power supply, adaptation or modification, nor damage caused by incorrect use or in contradiction with technical and / or safety measures. The installation of technical products must be entrusted to specialized personnel and / or professional operators in the sector. In particular, all those perishable products with the use of which it is not possible to establish with certainty the cause of the malfunction as it is connected to other external factors are subject to warranty limitations (a specific document). In these cases, only the manufacturer's warranty is valid. The goods that after having been checked will not exceed the guarantee requirements will be returned to the customer's home at the expense of the customer. The consumer customer has no right to terminate the contract if the lack of conformity is only minor.

 

Costumer’s Right to Return Product

The private resident of the EU (with the exception of those who use professional goods and/or is invoiced) has the right within a period of 14 days in which he or a third party, other than the carrier and designated by him, acquires the physical possession of the goods to exercise the right of withdrawal in accordance with Legislative Decree 206/2005 and 21/2014. This right consists of the right to refund part or all of the goods purchased by the seller and the resulting refund.

 

Modality - Times - Effects of Right's Returns

The right of withdrawal is exercised by opening a return request (RMA) using the form in the Customer area or by means of an express statement sent by mail or email (address: MotoShopItalia s.a.s. - via Manzoni 7 - 20019 Settimo Milanese (MI) - Italy, email : ordini-at-motoshopitalia.com). The goods must be shipped (carefully packed in order to protect the original envelopes from any damage, without removing any written or label, enclosing a copy of the resell form) within 14 days from the day the request for withdrawal was notified to us loaded or through our courier at home (with a maximum fixed cost of approximately at the same price of first shipping which will be deducted from the amount to be returned) to MotoShopItalia sas - Via Manzoni 7 - 20019 Seventh Milanese (MI) - Italy. The Customer is responsible for the diminution of the value of the goods resulting from manipulation other than the one required to establish the nature, characteristics and operation according to Directive 2011/83/EU paragraph 47 ("the consumer should only manipulate and inspect them in the same way which he would be allowed to do in a store"). Refunds will be made as soon as possible and in any case not later than 14 days after receipt of the notice of withdrawal, using the payment method used at the time of order or other agreed method. In any case, the Customer will not have to bear any reimbursement. All payments made on our behalf will be refunded, including delivery costs (except for the additional costs resulting from the choice of a delivery type other than the less expensive delivery standard we have offered). Refunds may be withheld for more than 14 days only until the Customer has demonstrated that they have returned the goods or until they have been received by us, whichever occurs first.

 

Items Excluded from the Right to Return

The right of withdrawal is excluded in the cases provided by article 59 of the Consumption Code, specifically does not apply in the case of supply of tailor-made or clearly customized goods. These include all Arrow and GPR branded products, articles with special prints or graphics (helmets, covers, tyrewarmers, etc ...) and items ordered at the Customer's request not included in the catalog. In case of doubt, please ask for more information before buying.

 

Orders

All the orders made through our website (www.capitshop.com), phone or e-mail will be automatically activated after the confirmation order via e-mail and the order can be traced by the entering in the specific area of our website the username and password. MotoShopItalia can cancel or differ, in part or totally, an order in case the product is not available from the manufactures. In these events we are not responsible although obligations were taken with regards to the order and we are not obliged to reimburse to the costumer for any inconvenience caused. The length of time of the delivery is approximate and we are not responsible for faulty products when it’s caused by delay of the delivery or by interruption of the making of the product by the manufacture. The cancellation of an order by the costumer must be done before the delivery date and the request must be done in writing and send it to us via e-mail, ensuring that the request is received by our company at a convenient time and that a positive response is given. Any orders cancelled after the product is been processed or already sent the expenses will be on the costumer as the regulation of the contract. If a deposit is paid, it will be retained.

 

Payments

The payment needs to be done with credit cards, paypal, installments (klarna - paypal subject to issuer approval) and bank transfer unless other conditions with a written request have been agreed by MotoShopItalia. We have all the rights to withdraw an order at anytime if there’s a doubt about the customer’s credibility. The request of invoice needs to be made at the time of the order.

 

Sale Contract

These general conditions of sale govern the purchase of products on the website www.capitshop.com owned by MotoShopItalia s.a.s. with registered offices in via Manzoni 7, Settimo Milanese (MI) - Italy. The sending of the order through the website www.capitshop.com, e-mail or phone is the conclusion of the sales contract and full acceptance of these terms of sale without exception.

 

Technical Information

The technical information reported on our site is taken from the ones issued by the manufacture companies were our products are made. We can therefore make changes to the technical information without warning anytime changes are made by the manufactures. MotoshopItalia is not responsible for error of compatibility of models whenever incorrect information about the product is stated in the catalogue of the manufacture. Some of our products are reserved only for competition and therefore are not for normal road use (this will be stated on the catalogue next to the product with the word “Homologated - Approved”). All the products ones to catalogue are refer compatible or adaptable except in the cases in which express “original” is indicated. The published images have the single scope to represent the products ones and don't represent contractual obligation. Compatibility of parts is relate to models for italian market in original configuration without accessories.

 

Availability of the Products

Although we give the opportunity to shop on line through our website, we can not guaranty the availability of the products from our catalogue as the order is usually not done at a real time. However, in case of unavailability of the product, the client will be promptly informed by e-mail when the product will become available. Time of deliveries are expressed in working days ("ready to ship:") and are approximate, they are not committed. Gift products are supplied until stock end and can be replaced with others of equal value according to availability.

 

Responsibility of Delivery of the Goods

The goods are shipped free of charge and the risk is borne by MotoShopItalia s.a.s. until the Customer or a third party, other than the designated carrier, acquires the physical possession of the goods.The Costumer is responsible of checking the integrity and the quantity of the goods and if it’s faulty or not correct the courier has to be informed immediately. Once the goods are collected the costumer needs to ensure that the quantity and the quality of the goods correspond to the original order stated in the invoice. In case of incorrect goods this has to be reported immediately onto the form and sent via e-mail within 7 working days to MotoShopItalia S.a.s. The goods returned to us without our authorisation the fees will be charged on the Customer. In case a batch is faulty the Customer is obliged to accept another batch if it’s sent within the time limit of the order. If the carrier has been chosen by the Customer outside of the ones offered at the time of purchase, the risk of damage and damage to the goods will be transferred to the Customer at the time of delivery to the carrier, excluding any disputes regarding the features outside of what is delivered. In this case, each challenge must be moved directly to the carrier. All the claims done after the time limit will not be considered by our company. Shipping cost for difficult area or smaller islands can be changed after order upon notice to the Customer. The courier chosen at the time of order can be modified for logistical needs with an equal level service, free shipping are managed with standard service. At request, before to place the order, is possible to do shipping insurance with variable cost according to value of goods.

 

Responsibility

MotoshopItalia is not responsible of any loss or fault from direct or indirect sale of goods and services from the catalogue published on our website www.capitshop.com. We are also not responsible for the late or lack of delivery of the product nor for the correspondence of the goods with specific details published on our website nor for any other reason where our company is directly imputable.

 

Responsibility Limitations

MotorShopItalia will not be responsible of any direct or indirect damage whether is incidental, particular or emergent (included or in exclusive, loss of the business activity, earnings, usage or other economic advantage) in any way it will occur for action derived from or linked to the use of the information available on our site, even when Motorshopitalia was already informed of the possibility of the damage. The costumer accept to not make the MotoShopItalia responsible of any request of refund in relation of the use of the website and commit not to sue the company for any of the reasons mentioned above.

 

Place of Jurisdiction

For any controversy the place of jurisdiction is in Milano - Italy.

 

Dispute Resolution - ODR

The Consumer Resident in Europe is informed that the European Commission has established an online platform providing an alternative dispute resolution tool. This instrument may be used by the European Consumer to resolve any dispute relating to contracts for the sale of goods and services entered into and/or from the network on a non-judicial basis. As a result, if you are a consumer established in Europe, you can use this platform to resolve any dispute arising out of the online agreement stipulated on this site. The European ODR platform is available at the following web address: https://webgate.ec.europa.eu/odr

 

PRIVACY POLICY

 

Before using our site, please read this privacy policy carefully. This Privacy Policy is applicable to website www.capitshop.com and sets out our policy on the gathering and use of information on this site. The Company is committed to providing safe web site for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. With this document we are to provide you with the necessary information regarding the processing of personal data supplied by you, in particular regarding the purposes and methods of processing your personal data, as well as the scope of communication and dissemination thereof, to the nature of the data in our possession, their contribution and the retention period. This document intends to accurately describe the methods of management of the processing of your personal data collected during the navigation of the Site or during the use of the services offered by the latter. The information is not valid for other websites that may be consulted via links on the website of the owner, which is not in any way responsible for the websites of third parties.

 

OWNER OF TREATMENT

The Owner of consent of personal data in this site is MotoShopItalia s.a.s. VAT number IT06511630961, resident in Via Manzoni 7 – 20019 Settimo Milanese (MI) – Italy. The owner decides by itself on purpose and mode of processing data.

 

AIM OF TREATMENT

The owner treats personal data (name, last name, email) not including sensitive data, in order to use the given newsletter. Navigation data, personal data may also be processed, the transmission of which is implicit in the use of communication protocols (such as IP addresses, type of browser, operating system, domain name and web site addresses from which access or exit was made, information on pages visited by users within the site, access times, individual stay page, internal path analysis and other parameters related to the operating system and the user's computer environment) acquired by the information systems and software procedures proposed for the functioning of the owner's website. The Company, in common with many web site operators, may use standard technology called "cookies" on its Site. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Site may not function properly if you do so. However we invite you to take a look at Cookie policy.

 

PROCESSING AND PRESERVATION MODES

The use of consent of your personal data is relized according to Art. 4 of GDPR lawfulness, fairness, and transparency and other principles of processing personal data contained in Art.5 GDPR. Prior to your explicit consent - your personal data will be kept for period of time no longer then that one that is required by the aims for which they were collected and further on handled.

 

AIM OF TREATMENT AND LAWFUL BASIS FOR PROCESSING

In wider terms, collected personal data will be use for following purposes: A- For website navigation on this site - For using services offered by manager on the sites and give feed back to his request - For any compilation of field of data collection in reserved areas - Fulfil the requirements law - To prevent, detect and fight fraud or other illegal or unauthorized activities - Exercise owner’s right, for example the right of self- defense For the purposes referred to in point A), the processing of data is necessary to allow correct navigation on the Website and for the execution of pre-contractual measures taken at the request of the interested party (eg responding to your requests by filling in appropriate forms) , to fulfill a legal obligation to which the Owner is subject and, finally, for the pursuit of the legitimate interest of the Data Controller (eg to exercise the right to defense in court or prevent fraudulent activity). B- prior to your explicit consent for an eventually registration to the newsletter in order to receive more content (including e-mail, promotional information material, advertisement, initiative organized by the manager.The data processing is lawful only if the person involved has given his consent. Optional or mandatory nature of the provision of data; need for consent and consequences of non-consent. Apart from that specified for navigation data, you are free to provide your personal data. The provision of personal data for the purposes referred to in point A) is optional but necessary to use the services requested from time to time to the Data Controller and to refine the specific features. Failure to provide such data may make it impossible to obtain what has been requested or to use the services of the Data Controller. The consent to the processing of data for the purposes B) - that is for promotional purposes, commercial communication and / or marketing in general by the manager - is always optional. Failing this, the Data Controller will still be able to provide the services referred to in point A) and you will still be able to improve the other functions and use the services provided by the Data Controller - point A) (eg send contact request, use the other services, etc.). It may therefore decide not to give any data or to revoke subsequently and at any time the possibility to process data already provided but the revocation will not affect the lawfulness of the treatment based on consent before revocation.

 

CATEGORIES OF SUBJECT TO WHICH YOUR DATA CAN BE COMMUNICATED

Your personal data can be communicated to third parties just with your express consent; except in cases where the communication is compulsory according to the law. So in this last case personal data will be available for third parties who will use it just for purpose of law. However your data will not be widespread.

 

SUBJECT WHO CAN TREAT YOUR PERSONAL DATA

Manager can use third parties for the treatment of personal data. the subject who performs these type of operation has been adequately selected and with his experience in this field they offer adequate guarantee of full compliance with the current regulation of treatment, including the data security profile. this subjects involved in this operations is called "data protection officer". The updated list of managers can always be requested from the data controller.

 

SECURITY MEASURES

The DPO put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis. We recommend that you make sure your computer is equipped with appropriate software to protect data transmission both inbound and outbound (as update antvirus systems, last firewall and antispam filters).

 

LINK AND OTHER WEBSITE

Note that this Privacy Policy applies only to our Site and not to web site of other companies or organizations to which our Site may be linked. our site may contain links to other websites that may not have any link to us. The manager does not control or perform monitoring operations on these websites and their contents. The manager can not be held responsible for the contents of these sites and the rules they adopt, also with regard to your privacy and the processing of your personal data during your navigation operations. We therefore ask you to pay attention, when you connect to these sites, through the links on our site and to read carefully their terms of use and privacy policies. Our Privacy Policy does not apply to third-party websites (eg the website for booking rooms). Our site provides links to these sites only to facilitate the user in the search and in their navigation and to facilitate the hyperlink on the Internet to other sites. The activation of the links does not imply any recommendation or indication of the responsible person for accessing and browsing these sit-ins.

 

RIGHTS OF THE INTERESTED PARTY

Under the Art. 7 of the Legislative Decree nr. 196/2003 and articles 15 to 22 of regulation (EU) 2016/679 you are provided statutory rights, so you can exercise these rights in particular: the right to obtain limitation of data processing, the right to data portability; the right to ask the owner for access, correct or delete their data and for treatment limitation or opposition about what concern this one,the consent to processing thereof may be revoked, the right to lodge a complaint with a supervisory authority. If you believe that it has violated your data protection rights, in compliance with Art. 34 GDPR, the owner will provide to communicate this violation.

 

CONTACTS FOR THE EXERCISE OF THE INTERESTED PARTY

You can wherever you want exercise your rights just sending an e-mail to the adresse shown on the interested site. Children should not be allowed to use this site and its services until they are 16 years old, so personal data about children does not be collected. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology. So if this type of personal data will be accidentally registered the owner will delete it in a tamely manner.

 

SOCIAL PLUGINS AND SOCIAL NETWORKS

Our web pages may contain social network plug-ins (eg Facebook, Twitter, Instagram, etc.). If you access one of our web pages equipped with a similar plug-in, the internet browser connects directly to the servers of the social network and the plug-in is displayed on the screen thanks to the connection with the browser. If an interested user of a social network visits our web pages, while he is connected to his social account, his personal data may be associated with the social account. Even if you use the plug-in functions, the information will be associated with the social account. Further information on the collection and use of data by social networks in general, as well as on the rights and methods available to protect the privacy of the data subject in this context, are present on the social network pages of the account, on the protection of data. If the person concerned does not wish to associate the visit to our web pages with his social account, he must log-off from the social network before visiting them. Personal data are collected for the following purposes and using the following services: Interaction with social networks and external platforms. These services allow interaction with social networks or other external platforms. The interactions and information acquired are in any case subject to the user's privacy settings relating to each social network. In the event that an interaction service with social networks is installed, it is possible that, even if users do not use the service, the same collect traffic data relating to the pages in which it is installed.

 

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CHANGES AND UPDATES OF PRIVACY

If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it. By using this Site, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy. Last update of privacy policy 07-01-2022.

 

COOKIE EXTENDED EXPLANATION

 

This website uses technical cookies to ensure the correct functioning of the procedures and to improve the experience of using online applications. This document provides information on the use of cookies and similar technologies, how they are used by the site, and how to handle them. Cookies are small text files that sites visited by users send to their terminals, where they are stored to be retransmitted to the same sites at the next visit. C.d. cookies "Third parties" are instead set up by a web site other than what the user is visiting. This is because there are elements (images, maps, sounds, specific links to other web pages, etc.) on each site that reside on servers other than that of the visited site.

 

Cookies Type

Depending on the characteristics and the use of cookies, different categories can be distinguished:

- Technical cookies: technical cookies are only used to "transmit a communication on an electronic communications network, or to the extent strictly necessary for the information society service provider explicitly required by the subscriber or user to provide such service "(see Article 122, paragraph 1, of the Code). They are not used for further purposes and are normally installed directly by the owner or web site manager. They can be subdivided into navigation or session cookies, which ensure the normal browsing and use of the website; cookie analytics, assimilated to technical cookies when used directly by the site manager to gather aggregated information about the number of users and how they visit the site; feature cookies that allow the user to navigate according to a set of criteria selected in order to improve the service rendered to them. No prior consent is required for the installation of such cookies, while the obligation to provide the information pursuant to art. 13 of the Code, which the site manager, if he or she only uses such devices, may provide you with the most appropriate methods.

- Profiling Cookies: profiling cookies are designed to create user-related profiles and are used to send advertisements in line with the preferences displayed by it in the context of network browsing. Due to the particular invasiveness that such devices may have in the private sphere of users, European and Italian legislation provides that the user must be adequately informed about their use and thus express their true consent. They refer to Art. 122 of the Code where it provides that "the storage of information in a terminal of a contractor or a user or access to previously archived information is only permitted provided the contractor or the user has given their consent after being was informed by the simplified procedures referred to in Article 13, paragraph 3 "(Article 122, paragraph 1 of the Code). This site does not use profiling cookies

- "Third Party" Cookies: by visiting this website, you may receive cookies from sites managed by other organizations ("third parties"). An example is the presence of "social plugins" for Facebook, Twitter, Instagram or LinkedIn, or embedded (embedded) content viewing systems such as Youtube, Flikr. These are parts generated directly from the above sites and integrated into the web page of the host site visited. The presence of these plugins involves the transmission of cookies to and from all sites managed by third parties. The management of information collected by "third parties" is governed by the relevant information to which reference is made.

- Analytics Cookie: only to monitor and improve site performance, we use a market analysis product for site access detection. It may use the use of cookies, permanent or otherwise, in order to collect statistical information and "unique visitors" of the site. Cookies, defined as "Unique Visitor Cookies", contain an alphanumeric code that identifies navigation computers without any personal data collection.

 

Cookie Duration

Some cookies (session cookies) remain active until the browser closes or the logout command is executed. Other cookies "survive" at the end of the browser and are also available on subsequent visits of the user. These cookies are said to be persistent and their duration is fixed by the server at the time of their creation. In some cases a deadline is set, in other cases the duration is unlimited.

 

Cookie Management

Visitor can decide whether or not to accept cookies using their browser settings. Warning: with total or partial disabling of technical cookies, your site may be compromised. Disabling third party cookies does not affect navigability in any way. The setting can be specifically defined for different sites and web applications. In addition, browsers allow you to define different settings for "proprietary" and "third-party" cookies. You can also modify your preferences abouts cookies at the following link: MODIFY CATEGORIES