1. Scope

These general sales conditions (hereinafter referred to as GSCs) regulate contract conditions regarding online sales of products and services offered by VR|46 S.r.l., a single member limited liability company, with headquarters in Via Rosselli n. 46, 61100 Pesaro, Fiscal/VAT code 02328060419, Pesaro chamber of commerce registration n° 0172827 (hereinafter referred to as VR|46) through the website www.vr46.it.(di seguito il Sito)

2. Acceptance of the general sales conditions

2.1 By electronically confirming the purchase order, the Customer declares to be over 18 years of age, to have legal capacity to act and be a Consumer in accordance and pursuant to the legislative decree 206/2005; the Customer also unconditionally accepts and undertakes to comply, in relations thereof with VR/46, with the general and allowed payment conditions, declaring having read and accepted all the indications provided thereto in compliance with the regulations referred to above, also acknowledging that VR/46 is relieved from any other responsibilities unless previously agreed in writing.

2.2 The Customer undertakes to store the GSCs on a long-lasting medium or paper means. The GSCs may be modified at any time and shall be effective as of date of publication thereof. However the GSCs in force as of date of submission of the purchase order shall be applied to the Customer.

2.3 Failure by VR/46 to raise objections against any Customer noncompliance as regards with the GSCs shall not be deemed a tacit acceptance of such noncompliance for any reason whatsoever.

3. Purchase and sale

3.1 In compliance with the Legislative Decree n° 70 dated 9/04/2003, related to the regulation of some legal aspects regarding electronic commerce, purchase of products, available as illustrated and described online in the respective descriptive and technical data sheets, are covered by the Customer at the price indicated on the website, when submitting the order, alongside the shipping expenses indicated when purchasing. Before confirming the purchase, the unitary cost of each selected product, the total purchase cost of several products and the respective shipping costs shall be summarized for the Customer; in addition, approval of the GSCs and the Privacy Policy shall be required. The Customer shall receive an e-mail containing the date, the total cost of the order thereof and the details of the order in question.

3.2 A single order shall not exceed 15 items.

3.3 The order form shall be preserved in the VR/46 database, for the period of time required to execute the order and in compliance with the law.

3.4 The prices of the items are expressed in Euro (€) and include the VAT. The price of products may be modified at any time and without prior notice; in any case, the price of the product purchased by the Customer shall be the one published on the Website when submitting the order form.

4. Payment

4.1 The Customer shall pay following the payment procedure indicated on the Website when submitting the order. The sales invoice regarding the purchase shall be available on the Website and may be printed by the Customer to prove such purchase.
4.2 The following credit cards are accepted VISA – MASTERCARD – AMERICAN EXPRESS – DINERS - JCB. Should payment be carried out by means of the credit card, the amount in question shall be billed on the Customer’s bank account within 4 days after the date of submission of the order and shall be considered valid only after approval by the Credit Institutions. Failure of approval shall lead to the invalidation of the order.

5. Delivery

5.1 Purchased products shall be delivered by VR|46, to the address indicated by the Customer. VR|46 shall not be held liable for delivery problems due to incomplete or erroneous information provided by the Customer when ordering. Products shall be delivered during all weekdays. VR/46 may deliver products separately without creating grounds for any responsibilities thereof. Delivery couriers engaged by VR/46 do not call in advance and do not manage requests for delivery at specific times. Indicatively, without this implying any obligation for VR/46 and depending on the availability of the products on the market, unless in case of force majeure the goods shall be handed over to the courier service within 48 hours from the first available workday after the date of reception of the order. In any case, delivery times indicated in the confirmation of order shall not be deemed binding. In case of delivery delays with respect to the times indicated on the Website, Customers may contact the “Online Customer Service” and VR/46 shall ascertain the reasons for the delay, without this implying acceptance of liability by VR/46. Upon delivery, the Customer is required to ensure the package is integral, neither damaged nor wet and meeting the standard VR/46 package characteristics. The Customer shall accept the delivery only after such ascertainment, then the same shall no longer have the right to raise objections regarding the exterior characteristics in that delivered thereto according to placed order. However, in case of divergence between the between the order and delivery, according to the aforementioned methods, the Customer shall raise objections directly to the carrier and send an e-mail through the website.

6. Customs (shipping abroad)

6.1 The order may be subjected to customs taxes charged when the package arrives at the country of destination. VR/46, cannot calculate the amounts due. In case of application, such occasional charges shall be met by the Customer to clear the package. For further information regarding custom policies, please contact your local customs office.

7. Guarantees and product noncompliance

7.1 Regarding the products provided by the website, VR|46 offers legal conformity guarantee according to the provisions and directives provided for by art. 128 and subsequent amendments of the Legislative Decree 206/2005.
In particular, such guarantees shall also apply to the product having conformity defects and/or malfunctions not observable during purchase, on condition that the product itself be used correctly and with due care and i.e. in compliance with its intended use as well as according to the directions possibly provided for in the technical instructions, in compliance with the various operative regulations provided therein. On the contrary, the abovementioned guarantee is shall not be deemed valid in case of negligence, carelessness in use and in the maintenance of the product. Reparation, modification or any alteration of the product whatsoever by the Customer shall create grounds for exclusion of the same from the conformity guarantee. Images and colours of the products displayed in the Website may defer from the actual ones due to the display settings of the Customer. The guarantee is personal and thus it shall be deemed valid only as regards with the purchasing party, given that it is meant for direct customers and not salesmen or retailers, etc. Conformity defects of the products shall be reported within two months from detection thereof, otherwise the guarantee shall be deemed expired. VR|46, reserves the right to ascertain the defect subject of the Customer’s complaint and possibly replace it only after checking the product in question. The request shall be met solely on condition that the returned package bears the following documents: purchase invoice, delivery note, number and date of order, brief description of the observed defect. The expenses for delivering the replaced product to the sender shall be covered by VR|46. The Customer shall contact the Customer Service department by writing an e-mail to "resi.46@gruppopritelli.it", describing the type of goods and defect, before sending faulty goods. Then, the Customer shall receive the information required to obtain the guarantee. Failure to apply this procedure could lead to considerably long reparation/replacement times.

8. Right to withdraw

8.1 The Customer who purchased the products supplied by the Website may withdraw from the contract without any penalty and without specifying the reasons thereof within 10 workdays after the date of reception of the product, in compliance with art. 64 and subsequent amendments, Legislative Decree 206/2005

8.2 Returned items must be in perfect conditions and include the original package, cards and returned in the same conditions as received.

8.3 A copy of the delivery note must be included in the shipping package for returning the items, which must be packaged correctly and the entire package shall be sent to: Gruppo Pritelli srl, Via Respighi 54 int. 4 - 47841 Cattolica (RN) Italy. Expenses regarding the delivery of returned goods shall be met by the Customer.

8.4 VR|46 shall refund the amounts paid by the Customer within least time possible and within 30 days from the communication of exercising the right to withdraw, following the same procedure used for paying, still on condition that the goods be returned according to the methods outlined in the previous paragraphs.

8.5 Exclusions under art. 55 of the Legislative Decree 206/2005 shall be applied, in particular the right to withdraw is excluded in case customized or personalized products.

9. VR|46 obligations and responsibilities

9.1 VR|46 undertakes to correct, as soon as possible, any errors that may arise regarding the description of the products.

9.2 VR|46 shall neither be held liable for damage caused due to improper use of the products nor due to fortuitous reasons or force majeure; in addition, VR|46 shall not be held liable for possible loss of profits, data or indirect damages derived from or linked to the contracts subjected to the GSCs in any manner whatsoever. In any case, any VR|46 liability shall not exceed the total value of the purchase order.

9.3 VR|46 shall not be held liable for noncompliance due to fortuitous reasons and/or force majeure.

10. Cancellation of orders by VR|46

10.1 VR|46 reserves the right to cancel orders or an item of the order in the following cases:
Items removed from the catalogue by the distributor;
Items that cannot be delivered by the suppliers;
Credit card fraud;
Fraud against VR|46;
Items subjected to supplier price variation exceeding 5%.
VR|46 shall inform the Customer, via e-mail, about the cancelation of the order should the products not be available. Should payment have been already carried out by the Customer, VR|46 shall refund the former, free of charge, the paid amount as soon as possible and within 30 days from the reception of the order in any case. The cancellation of the order of on one or more products does not grant the Customer the right to cancel the entire order.

11. Express termination clause

11.1 Customer’s non-compliance with even one of the obligations provided for by the GSCs shall create grounds for automatic cancellation of the contract under art. 1456 of the Italian Civil Code. Grounds for termination of contract shall occur by right should VR|46 declare intentions to exercise the express termination clause.

12. Intellectual and industrial property rights

12.1 The Customer acknowledges that the Website, same case applying to trademarks, designs, words, phrases, texts and distinctive marks, tunes, sounds, videos, colours, are protected by copyright and/or registered as designs and/or trademarks in Italy and abroad and/or are however subject of exclusive rights owned by Mr. Valentino Rossi or to third parties that have granted rights thereof to VR|46 in the contingency, thus unauthorized reproduction, communication, alteration, publication, distribution or transformation thereof is prohibited under civil and criminal law.

12.2 In any case, use of contents and images available on the VR|46 Website on other internet websites forbidden. Only simple links to the page bearing the VR|46 homepage are allowed.

13. Suspension of the service

13.1 VR|46 reserves the right to suspend the service in case technical interventions required to improve the service itself are needed and/or in case of reasons related to security issues. In any case, VR|46 shall not be held liable for any damages caused to the Customer due to latter’s use of the Website in that independent of the will of VR|46.

14. Competent jurisdiction

14.1 This contract shall be governed by the Italian law. Any disputes related to the validity, interpretation or performance of the contract in question shall be brought before the judge of the place of residence or domicile of the consumer if located within the Country.

14.2 Possible invalidity of single clauses of the Contract or GSCs shall not create grounds for the invalidity of the entire contract or GSCs.