Terms of Sale and Delivery

1.1

These sales and delivery conditions apply to the sale and delivery of the products offered on the site  www.rcracingstore.it[hereinafter referred to as the Website]. Please read carefully all sales and delivery terms below before placing a product on the Website.

1.2

Please print a copy of these sales conditions for any future reference requirements for the order you made.

1.3

During the ordering process of our products, you will be prompted to click on the button "I have read and accept the terms and conditions of sale and delivery as well as the information on the protection of personal data", so you will automatically accept the provisions below described in terms of sales and delivery conditions and information regarding the protection of personal data. Please note that in case of non-acceptance of these conditions, you will not be able to order the products offered on the Website.

1.4

This site is managed by Ac Group S.r.l.s., Via G. Giusti 16, 76123 Andria (BT) Phone +39 340 73 09 450, VAT ID 07721540727 (hereinafter referred to as "Ac Group S.r.l.s."),

1.5

Products purchased in e-commerce on the Website will be billed by Ac Group S.r.l.s., VAT ID 07721540727, e-mail address: info@rcracingstore.it, identified as "professional" according to and for the purposes of art. 49 of Legislative Decree 206/2005.

2.1

If you order an article on the Website, you must ensure that the following conditions are met: 

2.1.1

To have the legal capacity to conclude contracts with binding effect

2.1.2

To be adult

2.1.3

To be a physical person acting as a consumer.

3.1

The order of a product on the Website is to be considered as an offer to purchase that product in accordance with these sales and delivery conditions.

3.2

Once the order process has been completed, you will receive an email confirmation email to your e-mail address that will inform you that we have been aware of your order, which in no case is equivalent to an acceptance of the order , since all orders are subject to the Ac Group Srls authorization It is understood that Ac Group S.r.l.s. reserves the right to request you, prior to accepting your order and in order to promote transaction security and to avoid fraud: - confirm your telephone number for some information regarding your order; - to send a copy of an identity document and / or attest to your domicile (photocopy of identity card and / or photocopy of a valid residence certificate of at least 3 months). You will then have a 5-day deadline for us to receive by e-mail or fax those documents in the required format at the address that will be shown to you. Ac Group S.r.l.s. is the sole recipient of such identity documents and the information contained therein. The documents you send us will be stored in our archives for a month.

3.3

Ac Group S.r.l.s. it is not responsible for any photographic or spelling errors found on the website and / or in the message of the "gift voucher" written by the user during the order. Ac Group S.r.l.s. reserves the right to refuse any written message in the gift voucher that you consider, in its sole discretion, obscene, offensive or otherwise questionable.

3.4

Ac Group S.r.l.s. commits itself to honor orders within the limits of available stocks. If the ordered products are not available, we will send an e-mail to you and you will be able to choose to wait until new product availability or cancel the order.

3.5

Ac Group S.r.l.s. reserves the right to refuse any order made by a customer with which a cause is due to pay an earlier order and / or does not comply with these terms of sale and delivery.

3.6

We will confirm by e-mail informative, receiving your order, purchase confirmation and shipping confirmation. The purchase confirmation will be proof of the existence of a contract between Ac Group S.r.l.s. and you have only and exclusively the products included in it.

3.7

In addition, this contract will not cover any other products you have ordered for which you have not received any order confirmation, even in a separate form.

4.1

The price of each product is that indicated on the Website for the corresponding product, subject to a manifest error. The indicated price includes VAT at the rate currently in force. Any change in the applicable rate may affect the price of the products. Prices are subject to change at any time. The applicable prices are however those in force on the day and time when the order is validated by you. The shipment and delivery charges are to be borne by the buyer, except expressly indicated. The unit prices, at the total price, will be repeated separately in the electronic confirmation email.

4.2

Prices are subject to change, however they will not be applied to orders already confirmed by an order confirmation email.

4.3

A large number of products are marketed on our site and it is always possible that, despite our efforts, some of the products on the site display an incorrect price tag. As a rule, we check the price during our submission process so that if the actual price of a product is lower than we have indicated, we will re-accrue the sums you paid during the product shipment procedure. If, however, the actual price of a product is higher than what we have indicated, we may at any time contact you to receive your instructions before sending the product, and reject the order by giving us due notice.

4.4

We do not have the obligation to deliver you a product at an incorrect price if the error is manifest and you could, by using normal care, detect it. In that case, we will contact you before delivery of the product.

4.5

Payment can be made via PayPal, VISA, MASTERCARD, VISA ELECTRON, POSTEPAY credit card accepted upon completion of the order or by bank transfer and the bank details will be sent in the order confirmation email. We will confirm the amount to be paid in the confirmation email of purchase. In all cases, your credit card number and the final validation of the order will constitute an integral part of the order in accordance with the provisions of Legislative Decree 70/2003 and will apply to the paid sums. For payments with PayPal accounts or by credit card of the above mentioned circuits, fees will be added 2% on the total order.

4.6

All credit card payments are subject to a validity check by the card issuer, which must also authorize its use. The order will be considered effective only after the bank payment centers have given them confirmation. The personal data of the cardholder required for the aforementioned checks can therefore be exchanged with third parties. We decline any liability for delay or failure to deliver your order in case the credit card issuer does not authorize payment.

4.7

We will inform you that shipment will not be effected unless full payment has been received. We therefore reserve the right to postpone the shipment date until we have received the full payment of the ordered products and in any case cancel the order, giving you instant written notice, in case you fail to make payment within the terms without a valid reason.

4.8

Ac Group S.r.l.s. adopting technology solutions that ensure maximum security of transactions for the protection of its Customers such as Secure Socket Layer (SSL) encryption, supported by the most popular Internet browsers (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, etc.) . These browsers are able to dial encrypted with the secure banking server to check payment information and sensitive data posted on the site. When sending and receiving data in connection with a Secure SSL Server, access to secure web pages recognizable by the suffix "https" ("s" stands for "security") at the beginning of the URL in the address bar along with an icon depicting a closed padlock or SSL.

5.1

Ac Group S.r.l.s. offers a standard delivery service. Delivery times are 2-5 business days after your receipt of the Confirmation Shipment email, except for exceptions that will be communicated to you, and in any case not later than 30 days after the end of the contract. In any case, upon acceptance of your purchase, you will be sent an e-mail with a notice of shipment to the email address you have communicated during the order procedure.

5.2

The delivery address will match the data you have indicated and you will receive us in the confirmation e-mail. In case of non-delivery, we will leave a pass-through notice and it will be up to you to pick up the parcel in the places and terms specified in the same. Unwarned these terms, the products will be returned to Ac Group S.r.l.s. and it will be up to you to contact Customer Service for any new shipment of the same at your own expense.

5.3

If we are unable to comply with the delivery deadline specified in the email confirming your shipment of your order without any default on your part - such as in case of a full payment failure - we will contact you immediately in order to notify you of the new delivery date . However, if the delivery is not made within 30 days of the date of conclusion of the contract, we will inform you that it is your right to invite us to deliver it within an appropriate time limit. In case of unnecessary expiration of the additional time offered by you for the delivery of the goods, without this being done, you will be entitled to cancel the order by sending us a registered letter with acknowledgment of receipt or an e-mail at info@rcracingstore.it , in accordance with art. 61 of Legislative Decree 206/2005. In this case, the purchase price of the corresponding product, which was eventually charged, will be re-accredited without undue delay from the receipt by us of the cancellation notice of the order, using the same means of payment you used for the initial transaction.

6.1

The product becomes your property from the full payment of the purchase price. It is understood that we may proceed to the product's recovery at any time until the transfer of ownership of the product is done in all cases where you must be in breach of this contract.

6.2

The transfer of risks takes place at the time of delivery, subject to the provisions of Art. 63 co. 2 of Legislative Decree 206/2005. The risks under this provision are those related to the loss or damage to the product caused by the use, alteration or storage of the product. The risks associated with the return of a product, for whatever reason, are in your custody.

7.1

You have an obligation to notify us, immediately after delivery, of the partial receipt of the ordered products, that is, the receipt of defective or damaged products. Any complaints and issues (delivery errors, disagreements, etc.) must be communicated at: info@rcracingstore.it info@rcracingstore.it

7.2

We inform you that you have the right to withdraw from the sales contract without giving any reasons within 14 days of when you or a third party, other than the carrier and you designated, have acquired the physical possession of the goods. In order to comply with the term of withdrawal, it is sufficient to send the notice on the exercise of the right of withdrawal before the expiry of the withdrawal period. We point out that, in accordance with Art. 59 of Legislative Decree 6 September 2005 n. 206 (Consumption Code), the right of withdrawal is excluded for the supply of sealed goods (such as earrings) which are not liable to be returned for health reasons or are related to health protection and were opened after the delivery. In order to exercise the right of withdrawal, you are required to inform us of your decision to withdraw from the sales contract. To do so, you can fill in and send by e-mail or mail to the address indicated in the previous point 1.5 the form of withdrawal available here or any other express statement at the following address info@rcracingstore.it, returning the product to the address specified in point 7.4 ., accompanied by the delivery note and return form you will find on the Website - Delivery and Returns section. It will be our responsibility to send you an acknowledgment of receipt of your withdrawal by e-mail without delay.

7.3

Effects of recess. If you exercise your right of withdrawal, you will be refunded all the payments you made on our behalf, excluding any shipping charges, without undue delay and in any case not later than 14 days from the day you were informed of your decision to withdraw from the sales contract. These refunds will be made using the same means of payment you used for the initial transaction, without any charge for the cost as a result of the redemption. Refunds may be suspended until receipt of the goods, or until you have demonstrated that you have shipped the goods, if any.

7.4

Please send the goods back to the following address: Ac Group Srls, Via G. Giusti, 16, 76123 Andria (BT) Phone 338 5857880, without undue delays and in any case within 14 days of the day you notified us of your decision withdraw from the sales contract. The term is respected if you return the goods before the expiration of the 14-day period. The direct costs of returning the goods will be yours.

7.5

You are only responsible for the diminution of the value of goods resulting from manipulation of the goods other than the one necessary to establish the nature, characteristics and operation of the goods. Therefore, Ac Group S.r.l.s. reserves the right to verify the state of the goods you have returned by communicating to the email address you provided at the time of purchase, any reduction in the value of the property returned to you due to the fact that it is due to a manipulation exceeding the one described in the preceding paragraph.

7.6

The right of withdrawal is reserved exclusively to natural persons (consumers), so it can not be exercised by legal persons and natural persons who act for purposes related to professional activity.

8.1

We always do our best to ensure that the watches you choose are in optimal condition. In any case, our watches are accompanied by both the International Manufacturer Warranty and the Legal Compliance Warranty.

8.2

International Manufacturer Warranty: All watches offered for sale on this Website have the advantage of having an International Warranty of 24 months, where expressly described, the International Warranty may be of greater validity. The international warranty covers any defects in the material with which the clock was built and existing defects in production at the time the watch was sold. The warranty is valid and is recognized only through the display of the warranty certificate you will find inside the package. The general terms and conditions regarding the warranty are on the warranty certificate provided with each watch.

8.3

Garanzia legale di conformità: Conformemente alle disposizioni di legge contenute nel Codice Civile e nel Codice del Consumo, tutti i prodotti offerti in vendita su questo Sito Internet, godono della garanzia legale di conformità ed, in particolare: 

Diritti del consumatore (Art. 130 Codice del Consumo):

1.Il venditore è responsabile nei confronti del consumatore per qualsiasi difetto di conformità esistente al momento della consegna del bene.

2.In caso di difetto di conformità, il consumatore ha diritto al ripristino, senza spese, della conformità del bene mediante riparazione o sostituzione, a norma dei commi 3,4,5 e 6,ovvero ad una riduzione adeguata del prezzo o alla risoluzione del contratto, conformemente ai commi 7,8,9. 3.Il consumatore può chiedere, a sua scelta, al venditore di riparare il bene o di sostituirlo, senza spese in entrambi i casi, salvo che il rimedio richiesto sia oggettivamente impossibile o eccessivamente oneroso rispetto all’altro.

4.Ai fini di cui al comma 3, è da considerare eccessivamente oneroso uno dei due rimedi se impone al venditore spese irragionevoli in confronto all’altro, tenendo conto:  a) del valore che il bene avrebbe se non vi fosse difetto di conformità;  b) dell’entità del difetto di conformità;  c) dell’eventualità che il rimedio alternativo possa essere esperito senza notevoli inconvenienti per il consumatore.

5. Le riparazioni o le sostituzioni devono essere effettuate entro un congruo termine dalla richiesta e non devono arrecare notevoli inconvenienti al consumatore, tenendo conto della natura del bene e dello scopo per il quale il consumatore ha acquistato il bene.  6.Le spese di cui ai commi 2 e 3 si riferiscono ai costi indispensabili per rendere conformi i beni, in particolare modo con riferimento alle spese effettuate per la spedizione, per la mano d’opera e per i materiali.

7.Il consumatore può chiedere, a sua scelta, una congrua riduzione del prezzo o la risoluzione del contratto ove ricorra una delle seguenti situazioni:  a) la riparazione e la sostituzione sono impossibili o eccessivamente onerose;  b) il venditore non ha provveduto alla riparazione o alla sostituzione del bene entro il termine congruo di cui al comma 5;  c) la sostituzione o la riparazione precedentemente effettuata ha arrecato notevoli inconvenienti al consumatore.  8.Nel determinare l’importo della riduzione o la somma da restituire si tiene conto dell’uso del bene.

9.Dopo la denuncia del difetto di conformità, il venditore può offrire al consumatore qualsiasi altro rimedio disponibile, con i seguenti effetti:

a) qualora il consumatore abbia già richiesto uno specifico rimedio, il venditore resta obbligato ad attuarlo, con le necessarie conseguenze in ordine alla decorrenza del termine congruo di cui al comma 5, salvo accettazione da parte del consumatore del rimedio alternativo proposto;

b) qualora il consumatore non abbia già richiesto uno specifico rimedio, il consumatore deve accettare la proposta o respingerla scegliendo un altro rimedio ai sensi del presente articolo.

10.Un difetto di conformità di lieve entità per il quale non è stato possibile o è eccessivamente oneroso esperire i rimedi della riparazione o della sostituzione, non dà diritto alla risoluzione del contratto  Termini (Art. 132 Codice del Consumo):

1.Il venditore è responsabile, a norma dell’art. 130, quando il difetto di conformità si manifesta entro il termine di due anni dalla consegna del bene.

2.Il consumatore decade dai diritti previsti dall’art. 130, co. 2, se non denuncia al venditore il difetto di conformità entro il termine di due mesi dalla data in cui ha scoperto il difetto. La denuncia non è necessaria se il venditore ha riconosciuto l’esistenza del difetto o lo ha occultato.

3.Salvo prova contraria, si presume che i difetti di conformità che si manifestano entro sei mesi dalla consegna del bene esistessero già a tale data, a meno che tale ipotesi sia incompatibile con la natura del bene o con la natura del difetto di conformità.

4. L’azione diretta a far valere i difetti non dolosamente occultati dal venditore si prescrive, in ogni caso, nel termine di ventisei mesi dalla consegna del bene; il consumatore, che sia convenuto per l’esecuzione del contratto, può tuttavia sempre far valere i diritti di cui all’art. 130, co. 2, purchè il difetto di conformità sia stato denunciato entro due mesi dalla scoperta e prima della scadenza del termine di cui al periodo precedente.

In caso di restituzione del prodotto difettoso vi chiediamo di consultare la relativa procedura di restituzione presente nel Sito Internet -  Sezione Consegna e Restituzione.

9.1

Ac Group S.r.l.s. is responsible for the proper performance of contractual obligations, irrespective of whether these obligations must be performed directly by Ac Group S.r.l.s. or by other service providers, without prejudice to the right of appeal against the latter. However, Ac Group S.r.l.s. you are not responsible for any damage caused by your action, omission or error, by force majeure events or by third parties not linked to Ac Group S.r.l.s. for the performance of the contract. Ac Group S.r.l.s. presents and describes the products with the utmost care. However, the pictures of the products are given in a mere illustrative title. Please refer to the descriptive sheet of the individual product to know its specific features. The consultation of the Website as well as the purchase of orders on it imply the knowledge and acceptance of the characteristics and limits of the network, with particular reference to technical performance, response times for consultation, questioning or transfer of information, the risks of interruption, and more generally, the risks inherent in any Internet connection and transmission, the lack of protection of certain data from any undue delays and the risks of contamination by viruses circulating on the network.

9.2

Ac Group S.r.l.s. it can not be held liable for any direct or indirect damages caused by any interruption, malfunction, any kind of cause or cause, or any direct or indirect damages whatsoever, in any way, to a connection to the Website. It is up to each user to take all the appropriate security measures to protect his / her data and / or software from any attack stored in the computer. The connection to the Internet Site by anyone who falls under his sole responsibility.

9.3

In ogni caso, salvo che per dolo e colpa grave e responsabilità per difetti dei prodotti, la responsabilità totale di Ac Group S.r.l.s. per tutti i danni riparabili, così come definiti nel contratto, da essa eventualmente causati è limitata alla sola riparazione dei danni prevedibili, diretti e materiali da voi effettivamente subiti a causa dell’inadempimento di Ac Group S.r.l.s.. Tale riparazione non potrà in nessun caso superare l’importo del vostro ultimo acquisto, anche se Ac Group S.r.l.s. era a conoscenza della possibilità del verificarsi di tali danni. 

10.1

Ac Group S.r.l.s. or third-party companies are owners of intellectual or industrial property rights (eg trademark rights, patent patents, patent filings, and designs and models) regarding all information, software, documents, data, data structures, services, logos, trademarks, drawings, texts, video files, audio files, images and other content (hereinafter referred to as "content") published or used in the " of the Website. Failure to mention property rights does not necessarily mean that the elements of the Internet Site are not covered by any Ac Group S.r.l.s rights. or third-party companies.

10.2

The contents of the Website may be downloaded, displayed and / or printed solely and exclusively for private and non-commercial purposes and only to the extent that and as long as: - the full or partial reproduction of the Website is not strictly prohibited; - the documents or graphics associated with it are not altered, altered or translated; - the graphic elements of the Website are not used without the texts accompanying them; - Any kind of copyright or other rights related to content downloaded by the user are not stored and reproduced by the user; - the source code or the structure of the images and / or contents and / or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the operation and use of the Website; and / or - content is not used to manufacture derivative products.

11.1

The Website may contain hyperlinks (links) to websites belonging to third parties. These other sites are not under the control of Ac Group S.r.l.s. and you note that Ac Group S.r.l.s. is not responsible for the accuracy, the respect of intellectual or industrial property rights, the legality or the content of such sites. Ac Group S.r.l.s. can not reasonably, without any apparent clue to the violation of a right, permanently watch over the content of the sites to which the Internet site refers via hyperlinks. Ac Group S.r.l.s. will immediately remove such links if they discover or become aware of any violation of a right. Ac group S.r.l.s. it can not offer you any guarantee as to the degree of satisfaction you could obtain from the products or services sold by one of these third-party sites. You are welcome to do any research you find necessary or appropriate before performing any transaction on one of these third-party sites.

11.2

Creating hyperlinks (links) to Ac Group S.r.l.s. is only authorized for private and non-commercial purposes. In this respect, hyperlinks (link) that use the techniques of "Deep Linking", "Framing" and "In-Line Linking" and any kind of integration of all or part of the Ac Group S.r.l.s. Web Site are prohibited. on third-party sites. Ac Group S.r.l.s. disclaims any liability in case of violation of these terms and more generally with respect to any third site that should be directed to the Website. In all cases, any hyperlink (link) to the Website must be withdrawn on a simple request from Ac Group S.r.l.s.

12.1

These terms and conditions apply for the duration of the on-line presence of the products offered by Ac Group S.r.l.s. on the Website and are subject to change. The applicable conditions are those in effect on the day and time when the order is validated by you.

12.2

Ac Group S.r.l.s reserves the right to modify and amend these present conditions of sale at its discretion.

12.3

You will be subject to the policies and sales conditions established and valid when you submit your order, unless such changes and / or amendments are required by law or by Competent Authorities (in which case they will apply even if you have previously been sent orders), or if the above mentioned amendments and / or amendments have been made to you in due time in writing and before our submission of a relative order confirmation (in which case Ac Group Srls reserves the right to presume that you have accepted the modification unless you have provided us with a due acknowledgment of receipt within 10 days of receipt of our products.

13.1

Ac Group S.r.l.s. pays particular attention to online information about the essential features of the products through technical cards accompanied by illustrative photographs, within the limits of the technique and in compliance with the best standards of the market.

14.1

Cession of rights and obligations. The contract signed between Ac Group S.r.l.s. and you have binding force for us and our respective perpetrators. You may not transfer, sell, debit or otherwise dispose of the right to deliver products ordered and defined in this contract without our prior written consent.

14.2

Validity. If any of the provisions of these terms of sale is deemed unlawful or unenforceable by virtue of a court decision, the remaining provisions remain valid and applicable.

14.3

Electronic communication. While browsing our Website, you agree that any communication - in compliance with applicable law - is made electronically. Computer Logs, Saved in Computer Systems by Ac Group S.r.l.s. and its suppliers under reasonable security conditions, will be considered as evidence of orders, communications and payments between Ac Group S.r.l.s and you. Orders and invoices are saved on a reliable and durable medium so that they correspond to a faithful and durable copy within the meaning of Article 2220 of the Italian Civil Code.

14.4

To contact our company, please send us a letter to the following address: Ac Group Srls, Via G. Giusti, 16, 76123 Andria BT, Phone +39 340 73 09 450, or by e-mail at the following address:info@rcracingstore.it.

14.5

Cause of Force majeure: We will not be liable for any default or delay in any obligations we have made against you under this Agreement if they are caused by force majeure and are nevertheless taken out of our reasonable control which, purely by way of example and not exhaustive: 

14.5.1

Strikes, locks, industrial actions;

14.5.2

Civil insurrections, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not) or threats or preparation of wars;

14.5.3

Fires, explosions, hurricanes, floods, earthquakes, collapses, epidemics or other natural disasters;

14.5.4

Impossibility to use railways, ships, aircraft, transport on wheels or other public or private means of transport;

14.5.5

Unable to use public or private communication networks.

14.6

Our performance under this agreement must be suspended during the period when these out-of-control events are in progress and we will have a prolonged time for each of our performance over the course of these events. However, we will use our reasonable diligence for the event to end or at any rate in order to find a solution that will allow us to fulfill our obligations despite the event.

14.7

Waivers. If, during the term of the contract, we fail to insist that your obligations are fulfilled, or if we fail to exercise rights or remedies which are held by it, it can not be considered in any way like a waive these rights or remedies and will not relieve you of the obligations assumed under this contract. Our waiver for your default can not be considered as a subsequent waiver in the face of your subsequent failures. No waiver on our part of any of the present terms of sale may be deemed such unless expressly stated and communicated to you in writing in accordance with paragraph 14.4 above.

14.8

Unity of the Agreement: These general terms and conditions of sale and each document expressly referred to therein constitute the only valid agreement between us concluded and replace any other agreement between us both in writing and orally. It is understood that by signing this contract, none of the parties has referred to any promise or obligation of the other, nor to any other obligation arising out of orally agreed agreements or prior to the said contract, unless expressly stated in these terms of sale. Neither party will have remedies to deal with false statements made by the other party, both in writing and orally, prior to the date of the agreement (unless such false statements have been the result of a fraud) and the only remedy available on the other hand, it will be for breach of the contract, as foreseen by the present sale conditions.

15.1

These terms of sale and delivery are governed by Italian law. The competent court will be the Italian court territorially competent under Italian law.

16.1

In compliance with the provisions of Legislative Decree 196/2003, which contains the "Code for the Protection of Personal Data" (hereinafter "the Code"), Ac Group S.r.l.s. with registered offices in Via G. Giustim 16, 76123 Andria (BT), as a Data Controller, collects and treats your personal data only for the purposes described in the Information. The processing of your personal data will be based on the principles of fairness, lawfulness and transparency, and will be achieved by protecting your privacy, your fundamental rights and freedoms, in compliance with the current legislation on security and personal data protection.