GENERAL CONDITIONS OF USE AND SALE
The purchase order is placed upon confirmation of “Submit Order” after adding the desired products and their quantities to the cart. When you place your order, all the products you have chosen, their price, shipping costs will be summarized and then displayed, and you will be given the opportunity to choose the method of payment you wish to make.
After the customer has made his final choices and added to the shopping cart, he will receive an order confirmation by e-mail, where he will be notified of the order placed and, most importantly, he will be notified of the availability of the products within the company.
In case they are available you will receive a ‘further e-mail of purchase made and then confirmation of the forwarded shipment, with relevant payment details.
If, on the other hand, the products are not available at the time of your order, you will receive an e-mail with order confirmation and approximate delivery dates.
It is possible to cancel or change the order through the site or by e-mail, only before receiving the e-mail confirming the shipment. Otherwise, upon confirmation of shipment already made it will be appropriate to turn to Right of Withdrawal services to apply.
PURCHASE GUARANTEE:
In Italy, the Consumer Code (d.lgs.206/05), in articles 128 to 135, regulates the legal warranty on consumer goods sold to consumers, the original regulation of which is d.lgs. 24/2002.
This two-year warranty covers all problems caused by manufacturing and conformity defects in the purchased products, but it is necessary for the consumer to report the defect in the goods in question no later than two months after the occurrence of the malfunction.
Art. 129 of the Consumer Code stipulates that the seller must deliver to the buyer goods that conform to the contract of sale, while also indicating certain circumstances that must occur for such conformity to occur.
The two-year warranty is valid for allEuropean Union countries plus Italy.
If the purchased item is defective or does not match the given description (“nonconformity”), the customer is entitled to a warranty of at least two years, which means the seller is required to repair or replace it free of charge.
The warranty as set forth above is valid for two years from the time of delivery and can be claimed within two months after the problem is discovered. Justified warranty claims made during the validity period will be carried out with repairs or replacements of the item. All other cases will be excluded.
In case the product to be replaced is no longer available, an attempt will be made to offer one as similar as possible to the original.
It is worth mentioning that this warranty is not valid in cases where the goods have damage resulting from wear and tear, improper use, accidental damage, or improper use/misassembly.
It is binding to keep the purchase invoice to ascertain one’s warranty claim and to demarcate the warranty start date, as it is equivalent to the invoice date.
Pursuant to the law, in the event that the Legal Warranty applies, you will be entitled to restoration of the conformity of the goods without charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract.
Shipping and assembly costs in the case of justified warranty claim will be borne by us.
For warranty claim, please send the defective item with purchase receipt and a description of the defect to:
” A.M.V. Racing Kart Snc di Stefanello C. & T.”
Pio XII Street, 8 – 35010 Vigonza (PD)
The consumer may demand replacement or repair of the product, which must have the following characteristics to be in compliance:
– conforms to the description made of it by the seller and complies with the contract of sale, possesses the qualities of the good that the seller has presented in the form of a sample or model to the consumer;
– is suitable for any special use intended by the consumer, which has been made known to the seller at the time of entering into the contract and accepted by the seller, and is suitable for the uses to which goods of the same kind are usually put;
– the quality and performance are satisfactory, taking into account the nature of the goods, as well as the public statements made about them by the seller, manufacturer or their representative.
– must be suitable for the particular use intended by the consumer that has been brought to the seller’s attention at the time of the conclusion of the contract and that the seller has accepted.
RIGHT OF WITHDRAWAL:
The right to withdraw from the sales contract by return shipment can be found up to 10 days after receipt of the purchased products. The customer has the right to return the goods within the specified time period and address it to:
” A.M.V. Racing Kart Snc di Stefanello C. & T.”
Pio XII Street, 8 – 35010 Vigonza (PD)
Tel. 049 8935814 – Fax 049 8953787
As stipulated in Legislative Decree No. 50 of January 15, 1992, an individual who makes a purchase of an amount exceeding €25.80 (including tax charges and incidental expenses) for purposes that are unrelated to his or her professional activity has the right to withdraw from the contract. The customer who intends to make use of the “Right of Withdrawal” must send within 10 days (to Legislative Decree No. 185 of 22/05/1999) from receipt of the goods written notice by registered mail with return receipt to the address of the company previously exposed.
To exercise this right, the integrity of the products and their packaging is essential. The goods must be returned within the above-mentioned period of 10 days after receipt of them, ex our warehouse. Shipping costs are the sole responsibility of the customer. A.M.V. Racing Kart verified the necessary conditions will notify the customer by e-mail of the ACCEPTANCE OF RETURN and will return by money order within a maximum of 5 working days after acceptance of the sums paid by the customer with the exception of incidental costs.
Regarding the countries belonging to the European community, it is appropriate to expose the European Directive 2011/83/EU on Consumer Rights approved in October 2011, which defines a uniform regulation of contracts negotiated off-premises and online within the territory of the European Community, paying special attention to e-commerce.
Available in full at the following link: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-0293+0+DOC+XML+V0//EN
In particular, it is important to pay attention to the following points:
1. Right of withdrawal: due to the nature of the download, the consumer loses the right to withdraw from the contract when the download is initiated with the consumer’s agreement (the downloaded product cannot be returned); however, merchants are required to inform consumers of this fact before the purchase is completed.
2. New right of withdrawal: a buyer who wants to use the right of withdrawal is no longer required to change his or her mind about the purchase made within 7 days, but within 14 days. Currently in Italy the deadline is 10 working days.
3. Rules on the commencement of the withdrawal period: the 14 days (10 in Italy) available to the buyer to exercise the right of withdrawal, are to run – as is already the case in Italy – from the moment the goods are received at home. The regulations cover: online purchases, by telephone, by mail order, outside commercial establishments (e.g., home sales), on the street, in vendor-organized outings or group sales.
DELIVERIES IN ITALY AND AROUND THE WORLD:
Deliveries of the proposed products are possible from Italy to all states of the world, and the relevant details of shipping, transportation and payment method will also be provided during the order process.
Shipping costs can be found at the following details:
COD fee: €10.00
Shipping to Italy: € 10.00
In Italy free shipping on orders over € 250.00
Overseas shipments: MBE
Rates include real-time shipping information, with provision of call sign, date and time of delivery, and possible handwritten signature.
Always free packaging in any type of shipment.
It is possible to insure all your shipments (up to a maximum of € 1000 per package) for the entire duration of the contract at a cost of € 0.50 per international shipment.
Fuel surcharge: is a variable percentage applied to shipments, which should be added to express and expedited, non-standard shipments. It is updated monthly based on fuel price fluctuations. This supplement will refer to the monthly indexation of the price per gallon of aviation fuel (Rotterdam ARA) as published daily by the U.S. Department of Energy.
The surcharge attributed to the current month can be found at www.ups.com by clicking on the “fuel surcharge ” link.
Real weight and volumetric weight:
Taxable weight is the highest parameter between actual parcel weight and volumetric weight. The volumetric weight determines the tariff only if its computation is higher than the actual weight. The determination of volumetric weight is obtained by the following formula:
Neck measurements: Width x Length x Height
5000
It is worth mentioning that for shipments outside the territory of Italy, customs duties and import taxes may be applied once the destination is reached. Customs policies vary from country to country and it is up to the customer to contact the local customs office for more information. Please also keep in mind that when placing orders on the site, you are considered an importer and are required to comply with all laws and regulations of the country in which you receive the goods. For more information on this, it is advisable to consult the Regulated Customs Policies at the Customs and Monopolies Agency.
At the time of delivery it will be the customer’s responsibility to check the integrity of the packaging, and in case of obvious damage, to refuse the delivery or to accept it with reservation i.e. reporting on the waybill, even before signing, the delivery status specifying to accept the goods subject to verification. Only in this way is a claim of liability to the carrier possible.
Then report the situation to amvkart@amvkart.com to resolve any issues.
We guarantee safe and efficient transportation service for our shipments by turning to the following couriers:
Deliveries are not to be considered strict as far as expected days are concerned as they are related to many factors, such as timing and any unforeseen courier contingencies.
We also offer the possibility for the customer to be able to refer to additional couriers in case they want to choose the transport service they prefer themselves. In this situation you are asked to specify this at the time of ordering, and in particular to provide the name and details of the latter. Payment also will be made by freight collect.
PRICES AND AVAILABILITY OF PRODUCTS:
All prices are inclusive of applicable VAT in accordance with the law.
The only reference regarding the availability of each product can be found on the site and specifically in the details of the products of interest and will be displayed at the time of consultation and order submission. It is recommended to always consult and make sure that the desired products are available. Posting and delivery times are to be considered approximate and fiscal reliability of these cannot be assured.
After receiving the customer’s order will still be notified of the actual availability and confirmed the purchase order.
METHODS OF PAYMENT:
The different payment methods accepted are set out below:
Credit card:
payment can be made by credit cards such as Mastercad, American Express, Visa.
At the time of payment, data such as: – Credit card number
– Security Code
– Due date
The invoiced total will be charged to your credit card at the time of shipment.
PayPal:
for fast and secure payments, PayPal prepaid card is accepted for countries within the European Union.
Bank transfer:
When ordering, the customer has the option of choosing a payment by bank transfer. You will be asked to write the customer’s details and the order number as the reason for the order.
(Banca Monte dei Paschi di Siena, IBAN: IT88U0103012111000001803000, Swift: PASCITMMXXX)
Upon receipt of the transfer, you will receive an email confirmation of payment.
Be sure to also pay shipping costs in prepayments.
Marking:
You can pay for the goods directly upon delivery, including postage. The COD charge is €5 and is available only within Italy.
Billing:
“B2C” (Business to Consumer) indirect electronic commerce, i.e., the sale to “private individuals” via the Internet of tangible goods, is assimilated to a “mail order” or “distance” sale, for which there is, in the national context, an exemption from both the invoicing obligation (Article 22, paragraph 1, no. 1 of Presidential Decree 633/72) and the obligation to certify the consideration (Article 2 of Presidential Decree 696/96). Outside the domestic market, however, there is a different kind of obligation to invoice the transaction.
Moreover, the tax authorities (in Revenue Department Resolution No. VI-12-2615 of Jan. 20, 1994) clarified that mail-order sales are among those retail and assimilated transactions, indicated by Article 22 of Presidential Decree 633/72, for which an invoice should always be issued if requested by the customer. In addition, the exemption from the obligation to issue a receipt or tax receipt does not prevent businesses from issuing an invoice, (including electronically) of course provided that the transferors establish the relevant invoice register, in which credit notes pertaining to the return of goods should also be indicated.
There is also no obligation to issue a transport document, as Presidential Decree Aug. 14, 1996, no. 472, which introduced the free movement of traveling goods, repealing the provisions regarding the obligation to issue the accompanying document, contained in Presidential Decree Oct. 6, 1978, no. 627.
Moreover, already Presidential Decree 627/78 in Article 4, no. 1, excluded from the obligation to issue this document the transportation of goods sold by retail traders and assimilated persons, which includes those who carry out mail-order sales.
In the case, on the other hand, of sales to VAT-registered persons, the normal invoicing rules apply: in indirect electronic commerce “B2B” (Business to Business), i.e., in the sale of tangible goods between entrepreneurs via the Internet, the use of the electronic tool constitutes only a particular way of displaying goods and collecting orders, comparable to a kind of online catalog, which, however, does not affect the general VAT rules. The company will always issue an accompanying invoice, and the correctness of the data must always be verified when ordering. The company also cannot be held responsible for any errors.”
DAMAGES AND CLAIMS:
In case any damage or obvious defects are found in the purchased goods, please notify us within 5 working days at amvkart@amvkart.com or contact the company directly at the address below.
If the package received is indisputably damaged, please open it in the presence of the delivery service and obtain confirmation of the damage found at the time. In case the package is returned, it should be accompanied by the label “Return Package.”
CORPORATE REFERENCES:
” A.M.V. Racing Kart Snc di Stefanello C. & T.”
Pio XII Street, 8 – 35010 Vigonza (PD)
Tel. 049 8935814 – Fax 049 8953787
Code. Fisc. / Part. VAT / R.I. PD: EN 04306390289
e-mail: amvkart@amvkart.com