Termini e condizioni del servizio
These Terms and Conditions as they may be revised from time to time (Conditions) apply to the use of the e-MV Agusta Store website. Your use of our website constitutes your agreement to accept and be bound by these Conditions.
Please note that these Conditions are subject to change at any time and without notice, and it is your responsibility to check these Conditions regularly before ordering products. If you do not agree with the Conditions set out below, you should not use or access this website.
If you have any queries relating to these Conditions, please contact the Customer Services team before placing an order.
1. GENERAL
Emvagusta.com is an official website of e-MV Agusta S.r.l., whose registered office is in Italy, Varese, 21100, Via Vittorio Veneto 11 (“e-MV Agusta”).
All goods ordered, sold, purchased and supplied via emvagusta.com shall be pursuant to a contract of sale between e-MV Agusta and the purchaser.
2. DESCRIPTIONS AND IMAGINES OF PRODUCTS
We ensure that all descriptions and imagines of e-MV Agusta’s products visible on emvagusta.com are accurate and updated.
May be happen that some imagine could be slightly different compared to the product delivered with reference to colour, form and dimension due to the monitor settings.
3. ORDERING
By placing the order on emvagusta.com, the customer declares to have read the conditions of sale, the proposed payment methods and the entire purchase procedure.
e-MV Agusta has the right not to accept the order for any reason without any obligation to the customer. Any right of the customer to any compensation for damages or indemnity, as well as contractual or extra-contractual liability for direct or indirect damage to persons or property, caused by the non-acceptance of the proposed order is excluded.
All orders of e-MV Agusta’s products are subject to acceptance and product availability. Acceptance of an order occurs and a contract for sale and purchase arises only when costumer receive the acceptance of the order by e-MV Agusta.
Products available for sale change on a frequent basis and we reserve the right to make changes to products without notice. Some of our products may be available only in limited quantities.
All information about our products, including prices, are accurate and up to date. However, there may be occasions when the website contains errors and inaccuracies as to size, colour, stock availability or other matters, as to which no liability is accepted. We reserve the right to correct errors and to update product information at any time. We reserve the right to change prices at any time.
The prices displayed on this website are in Euros, UK Sterling and US Dollars, excluding the VAT. In case where VAT is due, this will be clearly indicated at the time of purchase.
4. PAYMENT
e-MV Agusta accepts payments by way of credit and debit card (Visa, Mastercard, Postepay), through the banking gateway set up by Shopify Payments. The data relating to the credit card used by the Customer are in no way known to the Company but reside exclusively on Shopify Payments' secure payment servers.
All credit and debit card transactions are subject to validation checks and authorisation by your card issuer. In the event that your credit card payment is rejected or the items you have ordered are out of stock, your order will not be accepted, and you will be refunded.
5. DISCOUNT
From time to time, we may offer promotional discount codes. Unless otherwise expressly stated, such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts. Codes must be correctly entered at the checkout to be valid. Only one discount code may be used per order and a promotional code cannot be used after an order has been placed. Discount codes may not be used against delivery prices. Discount codes are only valid as specified at the time of issue and are subject to cancellation without notice.
6. DELIVERY
e-MV Agusta undertakes to send the products purchased on the Site as quickly as possible, in any case within 5 working days of confirmation of payment if stock is available. In case, the sale is indicated as a “pre-order” the products will be delivered as soon as stock becomes available (the date of this event is indicated on the emvagusta.com website
The delivery address is the one indicated by the customer when issuing the order, unless otherwise agreed in writing between the parties. In no case deliveries will be made to post office boxes, mailboxes and the like. For the collection of each delivery, the signature of an adult is required.
In no circumstance the use of this website (including, without limitation, the order, sale, purchase and supply of goods via this website) give rise to any contract between the purchaser and third parties hired by the e-MV Agusta. You represent and warrant that (a) all details you provide to emvagusta.com for the purpose of ordering and/or purchasing goods via this website are true, accurate, current and complete in all respects, and that the credit or debit card you use is your own and (b) you are either eighteen years old or over or that you use this website with the permission of your parent or guardian.
In case of tampering with the package, the customer who should accept the goods delivered without complaining to the courier any tampering with the wrapping and/or the contents, will assume all the risks and consequences, automatically exempting both e-MV Agusta and any third parties hired to fulfil the order. Therefore, at the time of delivery the customer is required to check the perfect integrity of the package. If the package should show alterations in its packaging or evident tampering, the customer is asked to reject the package from the sender without accepting the collection or open it in front of the delivery staff and, if necessary, immediately file a complaint with the relative written complaint to e-MV Agusta. In all these cases, the customer will also be asked to immediately notify e-MV Agusta by filling in the contact form HERE. If the customer decides to collect the package despite alterations, e-MV Agusta cannot be held responsible for any shortages in the contents of the delivery.
In the event of a lost/stolen good, e-MV Agusta, once the refund request has been received and not having found an agreement for the replacement of the lost good, will refund only the amount anticipated by the customer as soon as possible and in any case no later than 15 working days by bank transfer to the coordinates that will be provided by the customer. The reimbursement will always be paid only to the person who made the payment and in no case to other parties, not even in the case of a gift to third parties.
No compensation can be charged or requested from e-MV Agusta in case of delay in order fulfilment or delivery of the goods covered by the contract. The customer will not be able to refuse to receive the delivery except in the case of tampering, alteration or suspicion of damage to the contents caused by an obvious alteration of the package, in which cases it will be requested to reject it.
7. WARRANTY AND ASSISTANCE
All products purchased on emvagusta.com are covered by a guarantee on defects of origin and workmanship.
For any need for assistance, customers can contact e-MV Agusta by filling in the contact form HERE.
8. RIGHT OF WITHDRAWAL
The customer who is not satisfied with the purchase made can exercise the right of withdrawal pursuant to the current legislation on distance selling, in particular, the Legislative Decree 206 of 2005 (consumer code) and must fill out the form at our Returns Center within 15 days from the date of receipt of the goods.
The right of withdrawal is subject to the following conditions: the products must not have been worn and must not show signs of wear, abrasions or scratches that could compromise the resale of the goods in "New" conditions. The products must be returned to the sender complete in all their parts, accessories in general, box, and any piece in any case received by the customer from e-MV Agusta.
The return must be made in a single shipment and never in separate shipments under penalty of forfeiture of the right itself.
As required by law, the goods subject to withdrawal travel at the risk and expense of the customer, who is therefore requested to agree via email or telephone with e-MV Agusta on the choice of the most suitable means of delivery for the case. The return shipping costs are entirely borne by the customer who intends to make use of the right of withdrawal, except in the case of an error by e-MV Agusta or third parties hired by e-MV Agusta, in which case they will be borne by them. There will be no other case of charges being charged to e-MV Agusta or third parties hired by e-MV Agusta. e-MV Agusta will reject any parcel for which the courier or postman requests any payment, both for cash on delivery and for shipping costs, and any kind of expenses.
Once your request for the return is approved via our Returns Center, you will receive shipping instructions by email. The package or the gummed envelope must be properly sealed with adhesive packet tape signed in all potentially violable parts in order to make the package unique and unrepeatable.
In the event of evident tampering with the package upon receipt as a return, the same will be rejected to give the customer the opportunity to retaliate against the carrier and thus initiate the insurance procedure of the courier or post office.
The reimbursement of the price paid will be made exclusively through payment to the customer bank or postal account within 7 working days of acceptance of the return.
9. PRIVACY
Pursuant to EU Regulation 679/2016 (GDPR), we wish to inform customers about the methods of data processing we carry out and the rights that, as interested parties, they are entitled to. The co-Data Controllers are:
- e-MV Agusta S.r.l, Varese, 21100, Via Vittorio Veneto 11;
- Shopify International Limited, in 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.
All personal data provided by customers to e-MV Agusta, or otherwise acquired in advance and during the contractual relationship, are processed in electronic and paper form, through duly authorized managers and agents, within the limits necessary for the administration service of the related rights.
The purposes of the processing include the fulfilment of obligations provided for by laws, regulations and community regulations (for which the provision is mandatory) and the performance of activities strictly connected and instrumental to the management of the contractual relationship (for which the provision is optional, but necessary for the conclusion and continuation of the relationship, which in case of refusal cannot be concluded or continued).
The data may be communicated: to subjects to whom the law, regulations or community regulations attribute this right of access; to companies, entities or consortia that carry out related, instrumental or support operations to the e-MV Agusta’s activities, such as companies that perform express transport services. These subjects operate as managers or autonomous owners and an updated list of them is available at our office.
Customers' rights (article. 7 CP) include access, updating and integration of their data, as well as their cancellation or blocking, in the case of processing carried out in violation of the law. To exercise these rights, you can contact the Data Processor at e-MV Agusta or by filling in the contact form HERE.