Terms and conditions of use Motorcycle-Soul

General Conditions of Sale, in force from 02/04/2024

PREMISE

This information is provided for the site https://motorcycle-soul.com (Site).

Seller data: MAKE SOUL SRL with registered office in Italy, in Via Mellana n. 7 - 15033 - Casale Monferrato, CF and VAT number 0257206006, REA AL-266939, Share Capital €10000 fully paid (Seller).

Operational headquarters: MAKE SOUL SRL Via IV Novembre 31/B - 15032 Borgo San Martino, Italy

OBJECT

These General Conditions have as their object the sale of products carried out remotely via electronic network on the site https://motorcycle-soul.com belonging to MAKE SOUL SRL with headquarters in Italy, in Via Mellana n. 7 - 15033 - Casale Monferrato, CF and VAT number 02572060065. The products purchased on the website https://motorcycle-soul.com are sold directly by MAKE SOUL SRL. These purchases are reserved for direct user customers, with the exception of subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the relevant products to third parties. MAKE SOUL SRL reserves the right to modify these General Conditions at any time by giving prior notice to the Customer on the Site upon first access following the modification of the General Conditions. Any contractual and extra-contractual liability on the part of MAKE SOUL SRL for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an order by MAKE SOUL SRL is excluded.

SUBJECTS

Seller: the company MAKE SOUL SRL based in Italy, in Via Mellana n. 7 - 15033 - Casale Monferrato, VAT number 02572060065 (hereinafter Seller)

Customer: the person identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions (hereinafter Customer). The Customer is strictly prohibited from inserting false, and/or invented, and/or imaginary names in the online order procedure and in further communications. MAKE SOUL SRL reserves the right to legally prosecute any violation and abuse, in the interest and protection of all consumers. Furthermore, the Customer indemnifies MAKE SOUL SRL from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the customer, the customer himself being solely responsible for the correct insertion.

ONLINE SALE

By online sales contract we mean the distance contract and that is the legal transaction concerning the sale of movable goods (hereinafter Products) stipulated between MAKE SOUL SRL and the Customer as part of an organized distance sales system by MAKE SOUL SRL which, for this contract, uses the remote communication technology called internet. These contracts, therefore, will be concluded directly through access by the Customer to the website corresponding to the address https://motorcycle-soul.com, where, following the indicated procedures, he will conclude the contract for the purchase of the Well.

For each of the products, a Technical Data Sheet is available on the Site containing the main characteristics and technical specifications of the same. It is understood that the image accompanying the Technical Data Sheet describing the Product may not be perfectly representative of its characteristics, but may differ in colour, dimensions, accessory products present in the figure and may vary at any time without any obligation of notice on the part of MAKE SOUL SRL.

The data sheets relating to the Products are, in fact, freely accessible. The Company declines all responsibility for any inaccuracies relating to the Product data sheet, as it has a merely illustrative function. In order to complete the Product purchase procedure, the Customer must register on the Site by entering the required data in the appropriate form available on the Site and choose the personal code (password) and identification code (User-ID) ( hereinafter Identification Tools).

The aforementioned data are subject to the provisions of the Legislative Decree. 30 June 2003 n. 196, regarding 'Protection of the person and other subjects with respect to the processing of personal data' as indicated in the specific Privacy paragraph and may be modified by the Customer at any time following the procedure indicated on the Site. Such data will be stored by the Company in so that, once the first purchase has been made, the Customer will be able to use the Identification Tools chosen at the time of registration to continue with the order. Furthermore, the registered Customer will no longer have to enter their data to complete purchase orders subsequent to the first.

The Identification Tools are personal and cannot be transferred to third parties, they must be kept secret and, for security reasons, they must not be kept together or recorded on a single document.

In the event that the Customer has forgotten the password and/or User-ID chosen at the time of registration, he/she must follow the procedure indicated in the appropriate section of the Site to request the new tool(s) for accessing the Site same. The Customer may only purchase the Products offered on the Site, at the price indicated therein, following the procedure indicated on the Site itself. Correct receipt of the order is confirmed by the Company by means of a response via e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and time of execution of the order and a 'Customer order number', to be used in the case of any communication with MAKE SOUL SRL. The message will contain all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, according to the methods indicated on the Site.

The Company retains the possibility, before sending the order confirmation, to request further information from the Customer via e-mail with reference to the purchase order placed on the Site.

Art. 1 Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If made possible by the Site, entering your tax code when making a purchase implies that the Customer is acting as a Consumer pursuant to art. 3, I paragraph, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). Please remember that the quality of Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. If, however, you are given the possibility of entering your VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. The natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of Professional. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the IT systems or computers used by the Customer to display them.

1.4 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. The Customer is therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order

1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.

1.7 The Customer is required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.8 The Seller cannot under any circumstances be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from use or inability to use the Site. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and updated.

1.9 Unless otherwise agreed with the Seller, it is not possible to send orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.10 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 The Customer undertakes to immediately inform the Seller if he suspects or becomes aware of improper use or improper disclosure of any information entered by the Customer on the Site.

2.3 The Customer guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation of this commitment. The Customer undertakes to immediately inform the Seller if he suspects or becomes aware of improper use or improper disclosure of the access credentials to the Site.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

2.6 The Seller is the only counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the person to whom the user directs their order, in order to accept the offer and conclude the contract sales; (ii) the person who assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the person who concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded via the Site is therefore concluded between the user and the Seller.

2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own commercial banner. Therefore, when the Seller's sign is used on the Site and/or in communications with customers relating to the Site or the first person plural ("We") is used, the reference is to be understood not only to the Site, but also to the Seller. .

2.8 The Seller does not provide any guarantee that the Site is constantly functional and operational. In fact, updates to the CMS platform may occur which could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of injury or damage that the user may suffer from this circumstance.

2.9 After purchasing, the Customer will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.

Art. 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order. On the Site it is possible to order a Product that is unavailable at the time the order is sent (Pre-order). The purchase contract is confirmed when the Pre-order reaches the Seller's server. The user is therefore obliged to make payment when placing the pre-order. Subsequently, the user will receive an email from the Seller indicating the maximum time within which the Product will be available. If the user accepts the communicated timing, the Seller will proceed with the preparation of the Product and its shipment, which will take place within 30 days from the date of sending the Pre-order, unless otherwise agreed between the parties. If the user does not accept the timing communicated by the Seller, the purchase contract will be terminated and the Seller will refund within 10 days following the user's communication. The user can cancel the Pre-order only within the number of days prior to the availability of the product indicated on the Site. If no deadline is indicated, the deadline for canceling the Pre-order is 4 days before the starting day from which the Product is available.

3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, being, instead, out of stock or not immediately available and it being necessary to wait for restocking.

3.3 The Customer will be informed in the event of unavailability of the Product ordered. In this case the Customer will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

If restocking is not possible, the Seller will provide a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.

If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.

The Seller will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the deadline within which it can be used and any limitations will be communicated from time to time by the Seller.

3.4 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will refund the refund within a maximum of 2-4 days.

3.5 In the event that the Customer exercises the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due pursuant to the provisions of the "Payment Method" article below.

Art. 4 Prices

4.1 On the Site the prices include VAT.

4.2 Furthermore, on the Site the prices do not include the WEEE contribution as Products are sold that are not subject to the relevant regulations.

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the Customer will be that indicated on the Site at the time the order is placed and that no account will be taken of any changes (increasing or decreasing) subsequent to the transmission of the same.

4.4 The shipping costs of the Products are your responsibility for orders less than or equal to a specific amount (indicated from time to time on the Site): for higher amounts shipping is free.

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to the Customer at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, physically comes into possession of the Products.

4.6 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with the Customer, the order will be consequently cancelled.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct one to the customer even after the conclusion of the purchase order. In this scenario the customer has the right to accept the new price or dissolve the purchase contract. The Seller can also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5 Payment methods

5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the section dedicated to "Payments" on the Site. The user can access this section directly from the footer of the Site.

5.2 On the Site The Customer can purchase using payment cards. The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by the Customer has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to complete the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if the Customer chooses to store such data on the Site, the data of your payment card used to pay for the Products. The accepted payment cards can be displayed in the footer of the Site and/or as part of the purchase process.

  • Visa
  • MasterCard
  • PostePay
  • American Express
  • CartaYes
  • ApplePay
  • HYPE
  • Master
  • Bancontact
  • iDEAL
  • Google Pay

5.3 On the Site it is possible to pay by bank transfer. After submitting the purchase order, the Customer will receive the bank details by email to proceed with the payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.

Bank Transfer : payment must be made within 3 days of order confirmation. Banking data:
Owner: Make Soul SRL
Bank: Credem
IBAN: IT98E0303222600010000003337
BIC/SWIFT: BACRIT21215

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 On the Site it is possible to complete the purchase by entering discount codes, coupons or vouchers. If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount vouchers be converted into cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

On the Site it is also possible to make purchases using the PayPal payment solution. If the Customer chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.

On the Site it is possible to purchase the Products also using the service offered by Afterpay. If the Customer decides to use this service, they will be able to pay for the Product in 3 installments (or in the different number indicated on the Site) without interest. In addition to these conditions of sale, Scalapay's conditions of use apply, which we invite you to view by accessing www.scalapay.com

Payment with Afterpay : if you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their transferees, and that you authorize such transfer.

Payment via the Site can also be made using the "Satispay" payment solution. If the user chooses payment via Satispay, the user will pay for the Products via the appropriate application (“Satispay App”), according to the procedure established and governed by Satispay Europe SA (“Satispay”) and the terms and to the contract conditions agreed between the user and Satispay. In the case of payment via Satispay, the Total Amount Due will be charged by Satispay to the user at the time the order is sent, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to the user's Satispay account. The crediting times on the payment instrument and/or method connected to this account depend exclusively on Satispay and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact Satispay directly .

On the Site it is possible to purchase via the "PayPal Later" payment tool. In this way it is possible to pay for the Service in 3 installments, without interest. The conditions of use of this service are regulated directly by PayPal. Further information is available on the website www.paypal.com.

On the Site it is also possible to purchase via the payment service offered by Sofort. The conditions of use of this service can be consulted on the website www.sofort.com.

On the Site it is also possible to purchase via the payment service offered by MyBank. The conditions of use of this service can be consulted on the website www.mybank.eu.

On the Site it is possible to make purchases also using the Giropay service, managed by Paydirekt GmbH. This service allows you to make payments via bank transfer in a reliable and secure way. For more information you can consult the website https://www.giropay.de.

5.7 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the prices published on the Site have not been personalized on the basis of automated decisions. The prices displayed on the Site are therefore not influenced by the previous behavior of the consumer.

5.8 In the event of a price reduction, the Site indicates the lowest price applied to all consumers in the 30 days prior to the application of the price reduction. For Products that have been placed on the market for less than 30 days, the period of time to which the previous price refers is indicated. This clause does not apply to "introduction prices", characterized by subsequent price increase announcements.

5.9 If, for any reason, the Seller were to proceed with any type of refund in your favor for the purchase of one or more Products, the Seller will proceed with the refund using the same payment method used by the user. Any delays in reimbursement may depend on the banking institution, the type of credit card or the payment solution used.

At no time during the purchase procedure is MAKE SOUL SRL able to know the information relating to the customer's credit card, transmitted via a protected connection directly to the website of the banking institution that manages the transaction. No computer archive of MAKE SOUL SRL will retain such data. Under no circumstances can MAKE SOUL SRL be held responsible for any fraudulent or improper use of credit cards by third parties when paying for Products purchased on the Site.

Art. 6 Delivery of the Products

6.1 Delivery of the Products is expected in: Italy, Europe, Americas, Asia, Oceania The user can read more information by accessing the section dedicated to "Shipping" on the Site. The user can access this section directly from the footer of the Site In case of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipments, this last section will prevail.

6.2 The delivery obligation is fulfilled by transferring material availability or in any case control of the Product to the Customer.

6.3 Product delivery time from placing the order: 1 to 7 working days

* the delivery time starts from the moment the order is processed by our warehouse and entrusted to the courier for shipping

6.4 The deadline indicated in the art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to the Customer to verify the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when the Customer, or a third party designated by the Customer and other than the carrier, physically comes into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Customer has the possibility of collecting the Product from a collection point, based on the options and methods available on the Site and/or or during the purchase process, provided that this method is available for the Product selected by the Customer. The Customer will be promptly notified when the Product is ready to be collected at the collection point chosen by the Customer. Unless otherwise agreed, if the Customer does not fulfill the obligation to collect the Product, the purchase contract will be considered legally terminated. As a result of the termination, the order will be canceled and the Seller will refund the Total Amount Due by the Customer paid, minus shipping costs. The mere failure to collect the Product cannot be understood as exercising the right of withdrawal, if applicable, and will not give the right to a full refund of the sums paid for the purchase of the Product.

6.6 The Customer has the possibility to choose Pick-up in Store as the delivery method. In the event that the user chooses Store Collection, the user will be able to collect the purchased Product at the point of sale (“Store”) selected by him/her from among those indicated on the Site as available for collection. As soon as the Product is ready for collection, the user will be informed accordingly by the Seller. The Product can be collected by the user during the opening hours and days of the Store. To collect the Product, the user or his delegate must provide the Store staff with suitable documentation certifying the purchase.

Each shipment contains:

- the products ordered;

- the relevant delivery note/receipt or invoice (only if the Customer makes an explicit request to MAKE SOUL SRL via the e-mail address shop@motorcycle-soul.com at the same time as placing the order).

MAKE SOUL SRL ships to the Customer with selected express couriers. Indicatively, without this entailing any constraints for MAKE SOUL SRL and subject to the availability of the products as well as any causes of force majeure, the goods will be delivered by MAKE SOUL SRL to the courier, in the shortest possible time from acceptance of the order by of MAKE SOUL SRL. Orders will only be processed with fully available goods. Upon receiving the goods at his home, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what was ordered. In the event of discrepancies and/or discrepancies, it will be the Customer's responsibility to have the courier point them out and note them down exactly, under penalty of forfeiture of asserting their rights in this regard. The purchased products will be delivered by MAKE SOUL SRL to the address indicated by the Customer.

Invoicing

At the explicit request of the Customer to be sent to the following e-mail address shop@motorcycle-soul.com at the same time as placing the online order, MAKE SOUL SRL will issue any invoice for the material shipped by sending it via e-mail to the Customer in format PDF. For the issuing of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice. In case of request for an invoice for intra-community transactions, the customer must provide a VAT number, duly registered in the VIES register. A commercial invoice will be issued under the Reverse Charge regime, as established by article 41 of legislative decree no. 331/1993 which regulates intra-community transfers of goods, or transfers for consideration, of goods, transported or shipped from the territory of the Italian State to that of another member State of the European Union, to taxable transferees.

Art. 7 Right of withdrawal

7.1 The user is invited to read this article with particular attention, which regulates the right of withdrawal.

7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If the Customer purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.

On subsequent purchases, the Customer is invited to view this article to verify the existence of exclusions to the right of withdrawal.

7.3 If the Customer has the status of Consumer (and in the event that no exceptions in this sense provided for in this article apply) the Customer has the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur other costs from those provided for in this article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

  • in the case of an order relating to a single Product, from the day on which the Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the Products;
  • in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product; or
  • in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece.

7.4 To exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site. The Customer has exercised his right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the Customer before the expiry of the Withdrawal Period.

At the same time as sending the withdrawal notice, the Customer must take steps to return the goods to MAKE SOUL SRL, using a courier of his/her own choice, to MAKE SOUL SRL Via IV Novembre 31 – 15032 Borgo San Martino (AL) ITALY, together to a signed copy of the RETURN REQUEST FORM FOR WITHDRAWAL or SIZE CHANGE. The goods must be returned intact and carefully packaged in the original packaging, complete with all accessories and labels. By law, the shipping costs relating to the return of the goods are borne by the Customer. In the case of multiple goods relating to the same order, in relation to which the Customer has exercised the right of withdrawal, they must be sent to MAKE SOUL SRL in a single shipment. MAKE SOUL SRL is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.

7.5 Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's headquarters, or to a different address communicated by the Seller.

7.6 If the withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 working days from the date of receipt of the returned goods without prejudice to any additional damage repair costs

The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter's expense, the Seller may suspend the reimbursement until receipt of the Products or until the Consumer demonstrates that he has sent the Products back, if previous.

7.7 The Consumer is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

7.8 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will communicate this circumstance and the consequent decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund.

7.9 This article regulates a very important area relating to return costs in the event of withdrawal. In light of the above, the Seller deems it appropriate to point out to you that the costs of returning the Product will be at your expense and under your responsibility.

The Products must be returned to the address indicated in the "Seller's Data" section in the Introduction or to the address communicated from time to time by the Seller.

At the same time as sending the withdrawal notice, the Customer must take steps to return the goods to MAKE SOUL SRL, using a courier of his/her own choice, to MAKE SOUL SRL Via IV Novembre 31 – 15032 Borgo San Martino (AL) ITALY, together to a signed copy of the RETURN REQUEST FORM FOR WITHDRAWAL or SIZE CHANGE. The goods must be returned intact and carefully packaged in the original packaging, complete with all accessories and labels. By law, the shipping costs relating to the return of the goods are borne by the Customer. In the case of multiple goods relating to the same order, in relation to which the Customer has exercised the right of withdrawal, they must be sent to MAKE SOUL SRL in a single shipment. MAKE SOUL SRL is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.

The right of withdrawal automatically lapses in cases where:

  • the lack of the original package and/or packaging;
  • the absence of all the integral elements of the property (accessories, tags, labels, information notes, etc.);
  • damage to the product;
  • the use of the product.

In the event of forfeiture of the right of withdrawal, MAKE SOUL SRL will return to the Customer the goods purchased and already in his possession, charging the shipping costs to the same; alternatively, the customer can collect the goods with his own means.

MAKE SOUL SRL undertakes to bear the shipping costs for the return of Goods exclusively in the event of damage to them due to transport or errors on the part of MAKE SOUL SRL.

In the event that the Customer does not exercise the right of withdrawal but requests a size change of the purchased good, the shipping costs for returning the Good are the responsibility of the Customer. After verifying the availability of the goods requested for the size change, MAKE SOUL SRL, after having actually received the goods returned by the Customer, will supply the goods in the sizes indicated without further increase in shipping costs for the Customer. Any confirmation of the availability of the requested size, communicated to the Customer at the time of the size change request, does not guarantee that - at the time of actual receipt of the returned goods at the MAKE SOUL SRL headquarters - the new size is still available: in case of unavailability, the Customer may communicate to MAKE SOUL SRL his/her wish to withdraw from the purchase or exchange for another product of equal value.

Art. 7/B Cancellation of order

The Customer can request the cancellation of an order before it is shipped. Make Soul SRL will cancel the order and issue a refund within 14 working days of the request which must be received in writing via email or site contacts.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

8.2 The Seller is responsible towards the Consumer for any lack of conformity of the Product which occurs within two years of such delivery. The action aimed at asserting defects not maliciously concealed by the Seller is barred, in any case, within twenty-six months from delivery of the goods.

8.3 Unless proven otherwise, it is presumed that defects of conformity which appear within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will be the Consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.

8.4 In the event of a lack of conformity of the goods, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by the art. 135-bis and following of the Consumer Code

8.5 The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.

8.6 If the Customer made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case the legal guarantee is governed by the articles. 1490 and following of the civil code; in particular, the deadline for reporting any defects is 8 days from discovery and the action expires 1 year from delivery.

The products purchased on the site https://motorcycle-soul.com are subject to the regulations, as applicable, of Legislative Decree 2.2.2002 n. 24 (GU n. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, although not covered therein, the specific provisions provided for in the matter by the Civil Code. This guarantee will apply to the product that presents defects of conformity and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its destination and as provided in any technical documentation. , with observance of the various operating rules indicated therein. However, the aforementioned guarantee will not be applicable in case of negligence or carelessness in the use and maintenance of the product. The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for traders, resellers, etc. Any non-conformity of the products must be reported within the terms established by law and by completing the form to be requested from the following e-mail address shop@motorcycle-soul.com and which must be attached by the Customer when returning the product, if applicable. non-compliant together with the copy of the order confirmation sent via e-mail by MAKE SOUL SRL (as indicated in art. 3 above). The product, even if not compliant, when returned to MAKE SOUL SRL for repair or replacement, must be complete with packaging and all accessories and documentation received by the customer at the time of purchase. Returning the product without the original packaging, accessories and documentation mentioned above prevents MAKE SOUL SRL from replacing the product itself at the manufacturer and makes the replacement impossible. MAKE SOUL SRL reserves the right to verify the actual defect reported by the Customer and to carry out the repair or replacement only after this check. If, following the verification by MAKE SOUL SRL, the defect does not prove to be a lack of conformity, the Company reserves the right to charge the Customer the costs of verification and restoration as well as the related transport costs.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional guarantee compared to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). The Customer can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit or prejudice or exclude the Legal Guarantee.

Art. 10 Responsibility

MAKE SOUL SRL is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages not foreseeable at the date of signing these General Conditions, suffered by the Customer or third parties as a result of the services rendered by it and/or or for damages of any kind or for any reason connected therewith, deriving from any failure to fulfill its obligations, even in the event of compensation for damages claimed by third parties for any reason.

The Customer expressly acknowledges that the liability of MAKE SOUL SRL for any failure to perform the services referred to in the previous point is limited to, and cannot in any case exceed, the amounts received by the same and paid by the Customer in relation to the execution of the individual services to which the responsibility refers. Any major damage, loss, cost or expense is expressly excluded. The responsibility of MAKE SOUL SRL is excluded for any disservices and/or prejudices that may arise to the Customer from causes not attributable to it or, in any case, from delays due to malfunction, failure or irregular transmission of information or causes outside of its control including, without limitation, delays or system failures, interruption in the functioning or lack of connection of the Internet network or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of the electronic service, postal or electricity supply; from lockouts or strikes even among its own staff, wherever they occur; by impediments or obstacles determined by legal provisions or by acts of national or foreign authorities; from provisions or acts of a judicial nature or actions of third parties; from other causes not attributable to MAKE SOUL SRL and in general from any impediment or obstacle that cannot be overcome with criteria of ordinary diligence by MAKE SOUL SRL in relation to the nature of the activity carried out.

MAKE SOUL SRL has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, as well as to suspend their operation for precautionary reasons, without the MAKE SOUL SRL may be held responsible for the consequences of any interruptions or suspensions.

MAKE SOUL SRL is not responsible for any fraudulent or illicit use that may be made by third parties of the credit cards used by the Customer at the time of purchasing the Products. In fact, at no time during the purchase procedure is MAKE SOUL SRL able to know the Customer's credit card number.

Art. 11 Customer service

11.1 It is possible to request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or using the contact form that may be present on the Site. For any request for clarification or complaint, MAKE SOUL SRL can be contacted at the following email address: shop@motorcycle-soul.com

11.2 The Seller responds within an indicative time of 5 days.

Art. 12 Reviews

12.1 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller guarantees that the reviews published come from consumers who have actually purchased or used the Product. This is because the user receives an email after purchasing on the Site containing a request to publish their review on the Site. Therefore, given that the email is received only after the purchase, it is reasonable to assume that the relevant review is attributable to to a real shopping experience on the Site by the user. Among the reviews published on the Site, some may have been solicited, for example by sending a discount voucher. In this case, this circumstance is duly indicated on the requested review. Furthermore, reviews originating from sponsorships or a relationship with a professional (e.g. influencer) may be published; this circumstance is also given due information in the relevant review.

12.2 The tool for publishing reviews is TrustedShops, from the company Trusted Shops AG. . For more information on this tool you can view the page www.business.trustedshops.com.

Art. 13 Order cancellations by the Seller

MAKE SOUL SRL reserves the right to cancel an order or an item in the order if the following circumstances occur:

- items that are reported as out of catalog and where the products covered by the order are not available for reasons beyond the control of Make Soul Srl, the latter must promptly notify the customer. In this case, there will be no obligation for Make Soul Srl to deliver the ordered goods

- items that cannot be delivered due to particular problems;

- credit card fraud.

In any case, if the ordered products are not available Make Soul Srl will refund, without any delay, to the customer any sum already paid.

Art. 14 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

14.1 Purchase contracts concluded through the Site are governed by what is indicated in these General Conditions of Sale and, to the extent not provided for, by the Italian Consumer Code.

14.2 Please note that in the case of a Consumer user, the court of the place where the user resides or has chosen domicile is competent for any dispute relating to the application, execution and interpretation of this document. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court of Vercelli where the Seller is based is competent in accordance with the provisions of the Introduction.

14.3 The Seller informs the user who qualifies as a Consumer that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not however been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

14.5 In any case, the right of the Consumer user to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.

The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Art. 15 Miscellaneous

15.1 This document fully governs the relationship between the Customer and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved

The Italian version of this contract is the official one and has legal value. Translations into German, French, English, Spanish are available for ease of reference only.

Casale Monferrato 01/01/2022