Terms and conditions Motorcycle-Soul

Terms and Conditions of Use Motorcycle-Soul

General Conditions of Sale, in force from 02/11/2024

PREMISE

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

Seller's 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 iv (Seller).

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 the Internet 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 site https://motorcycle-soul.com are sold directly by MAKE SOUL SRL. Such purchases are reserved for direct user customers, excluding subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the related 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 on the occasion of the first access following the modification of the General Conditions. MAKE SOUL SRL excludes any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the non-acceptance, even partial, of an order by MAKE SOUL SRL.

SUBJECTS

Seller: the company MAKE SOUL SRL with registered office 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 entering 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 pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer also indemnifies MAKE SOUL SRL from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by the customer, the customer being solely responsible for the correct entry.

ONLINE BUYING AND SELLING

By online sales contract we mean the distance contract, i.e. the legal transaction having as its object the sale of movable goods (hereinafter Products) stipulated between MAKE SOUL SRL and the Customer within a distance selling system organized by MAKE SOUL SRL which, for this contract, uses the remote communication technology called internet. These contracts, therefore, will be concluded directly through the Customer's access to the Internet Site corresponding to the address https://motorcycle-soul.com, where, following the indicated procedures, he will conclude the contract for the purchase of the goods.

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

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

The aforementioned data are subject to the provisions of Legislative Decree 30 June 2003 n. 196, regarding 'Protection of individuals 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 by following the procedure indicated on the Site. Such data will be stored by the Company in such a way that, once the first purchase has been made, the Customer may use the Identification Tools chosen at the time of registration to proceed 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 Instruments are personal and not transferable to third parties, they must be kept secret and, for security reasons, they must not be kept together, nor noted 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 access tool(s) to the Site itself. The Customer may purchase only 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 an e-mail response, sent to the e-mail address communicated by the Customer. This confirmation message will report the date and time of execution of the order and a 'Customer order number', to be used in the event of any communication with MAKE SOUL SRL. The message will report all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods indicated on the Site.

The Company reserves the right, before sending the order confirmation, to request further information from the Customer via email 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 the Site allows it, entering your tax code when making a purchase implies that the Customer is acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please remember that the status of Consumer is defined as a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out. If, however, you are given the option 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 status of Professional is defined as a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary. 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, excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colours may differ from the actual ones due to the settings of the computer systems or computers used by the Customer to view them.

1.4 The General Conditions of Sale may be modified at any time. Any modifications 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 that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, 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 parties. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such 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 the same.

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 shall in no event be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete and up to date.

1.9 Unless otherwise agreed with the Seller, orders cannot be placed via 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. Except with the specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and by any means, 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 present 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 inform the Seller immediately in the event that he suspects or becomes aware of any 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 indemnified 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 inform the Seller immediately in the event that he suspects or becomes aware of an improper use or improper disclosure of the access credentials to the Site.

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

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

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the entity to which the user addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the pre-contractual obligations deriving from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through 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 brand. Therefore, when the Seller's brand 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 that could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of prejudice or damage that the user may suffer from this circumstance.

2.9 After the purchase, 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 purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

2.10 The colours 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 colour of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the colour 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 after the purchase order has been sent. 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 the payment at the time of 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 timeframe communicated, the Seller will prepare the Product and ship it, 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 timeframe communicated by the Seller, the purchase contract will be terminated and the Seller will refund within 10 days of the user's communication. The user may 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 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 may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear available for a short period of time, but may be out of stock or not immediately available and it may be necessary to wait for it to be restocked.

3.3 The Customer will be informed in case of unavailability of the ordered Product. 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 supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.

If restocking is possible, an extension of the delivery times, offered by the Seller, with indication of the new delivery time.

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

3.4 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Seller will make 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, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.

Art. 4 Prices

4.1 Prices on the Site include VAT.

4.2 Furthermore, the prices on the Site do not include the WEEE contribution as the Products sold 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 the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.

4.4 The shipping costs of the Products are at your expense 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, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, physically takes possession of the Products.

4.6 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with the Customer, the order will be cancelled as a result.

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 price 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 to dissolve the purchase contract. The Seller may also cancel the purchase contract of 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 charge will be made only after (i) the data of the payment card used for payment have been verified and (ii) the company issuing the payment card used by the Customer has issued authorization for the charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be asked to complete the purchase procedure by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the identity of the user (to satisfy this criterion, the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous 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, expiration date, security code) are encrypted and transmitted directly to the payment manager 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 his payment card used to pay for the Products. The payment cards accepted can be viewed in the footer of the Site and/or as part of the purchase process.

Visa
MasterCard
PostePay
American Express
CartaSì
Apple Pay
HYPE
Master
Bank contact
iDEAL
Google Pay

5.3 On the Site it is possible to pay by bank transfer. After the purchase order has been sent, the Customer will receive the bank details by email to proceed with the payment. If the payment does not take place 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. Bank details:
Owner: Make Soul SRL
Bank: Credem
IBAN: IT98E0303222600010000003337
BIC/SWIFT: BACRIT21215

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

5.5 On the Site, you can complete your purchase by entering discount codes, coupons or vouchers. If the value of the discount code is less than the value of the order, the remaining amount can be completed using the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case 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 payment method, he/she will be redirected to the site www.paypal.it where he/she will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site 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 data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.

On the Site it is also possible to purchase the Products using the service offered by Scalapay. If the Customer decides to use this service, he/she can 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, the conditions of use of Scalapay apply, which we invite you to view by accessing www.scalapay.com

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

Payment through the Site can also be made using the “Satispay” payment solution. If the user chooses to pay via Satispay, the user will pay for the Products via the appropriate application (“Satispay App”), in accordance with the procedure established and regulated by Satispay Europe SA (“Satispay”) and the terms and conditions of the contract 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 of transmission of the order, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user’s Satispay account. The times for crediting the payment instrument and/or method connected to such account depend exclusively on Satispay and the banking system. Once the credit order has been placed in favour of such account, the Seller cannot be held responsible for any delays or omissions in crediting the user with the refund amount, for which the user must contact Satispay directly.

On the Site you can purchase through the payment tool "PayPal Later". In this way you can 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 site www.paypal.com.

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

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

On the Site you can also make purchases 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 visit the site https://www.giropay.de.

5.7 In accordance with 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 the generality of consumers in the 30 days preceding 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 "launch prices", characterised by subsequent announcements of price increases.

5.9 If, for any reason, the Seller should proceed with any type of refund in your favor for the purchase of one or more Products, the Seller will proceed with the refund on the same payment method used by the user. Any delays in the refund 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 site of the banking institution that manages the transaction. No computer archive of MAKE SOUL SRL will store such data. In no case can MAKE SOUL SRL therefore be held responsible for any fraudulent or improper use of credit cards by third parties, at the time of payment for Products purchased on the Site.

Art. 6 Delivery of Products

6.1 The 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 the event of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipping, the latter section will prevail.

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

6.3 Delivery time of the Products from the sending of the order: 1 to 7 working days

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

6.4 The term indicated in 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 check the conditions of the Product delivered. 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 takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging 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 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 from 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 terminated by law. As a result of the termination, the order will be cancelled and the Seller will proceed to refund the Total Amount Due from the Customer paid, minus shipping costs. The mere failure to collect the Product cannot be understood as an exercise of 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 option of choosing the Store Collection delivery method. If the user chooses Store Collection, the user may collect the purchased Product at the point of sale (“Store”) selected by the user from 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 may be collected by the user during the opening hours and days of the Store. To collect the Product, the user or his/her delegate must provide the Store staff with suitable documentation certifying the purchase.

Each shipment contains:

- the product(s) 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 implying any constraint 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 time possible from the acceptance of the order by MAKE SOUL SRL. Orders will be processed only with fully available goods. Upon receipt of the goods at their 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 differences, 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 products purchased will be delivered by MAKE SOUL SRL to the address indicated by the Customer.

Billing

Upon explicit request by the Customer to be sent to the following email address shop@motorcycle-soul.com at the same time as placing the online order, MAKE SOUL SRL will issue the invoice for the material shipped by sending it via email to the Customer in PDF format. The information provided by the Customer at the time of ordering will be used to issue the invoice. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice. In the event of a 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 sales of goods, or sales 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 carefully read this article, 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 has 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 set out in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.

For 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 is a Consumer (and in the event that no exceptions to this effect 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 bear costs other than those provided for in this article within the term 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 designated by the 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, he 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 their choice, at MAKE SOUL SRL Via IV Novembre 31 – 15032 Borgo San Martino (AL) ITALY, together with 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, the same must be sent to MAKE SOUL SRL with a single shipment. MAKE SOUL SRL is not liable in any way for damage or theft/loss of goods returned with 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 the event 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 proceed to reimburse 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 costs for the restoration of damages.

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 Consumer's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated that he has returned the Products, if earlier.

7.7 The Consumer is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, 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 the identification tags, labels and disposable seal, 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 from 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 right of withdrawal has been 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 such decrease in value. The Seller will communicate this circumstance and the resulting decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. In the event that the right of withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in 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 the costs of return in the event of withdrawal. In light of the above, the Seller deems it appropriate to highlight 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.

The right of withdrawal automatically lapses in cases where the following is ascertained:

the lack of the original packaging and/or wrapping;
the absence of all the integral elements of the good (accessories, tags, labels, information notes, etc.);
product damage;
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 same the shipping costs; alternatively, the customer may collect the goods by his own means.

MAKE SOUL SRL undertakes to cover the shipping costs for the return of Goods exclusively in the event of damage to the same 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 change in size of the purchased item, the shipping costs for the return of the item shall be borne by the Customer. After checking the availability of the goods requested for the size change, MAKE SOUL SRL, after having actually received the returned item from the Customer, will provide the goods in the sizes indicated without any additional shipping costs for the Customer. Any confirmation of the availability of the requested size, communicated to the Customer at the time of the request for a size change, does not guarantee that – at the time of actual receipt of the returned item at the MAKE SOUL SRL headquarters – the new size is still available: in the event of unavailability, the Customer may communicate to MAKE SOUL SRL his/her desire to withdraw from the purchase or change with another product of equal value.

Art. 7/B Order cancellation

The Customer may 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. 7/C Unjustified refusal of delivery

The Customer is required to accept delivery of the ordered goods. In the event that the Customer refuses delivery without opening it and without a justified reason, and without having previously requested and obtained cancellation of the order before regular shipping, the Seller reserves the right to charge the Customer:

The initial shipping costs.
Shipping costs for returning the goods to the sender.
Any additional costs arising from the storage of the goods at the courier or from other services connected to the failure to collect.

Clarifications:

In case of refusal of delivery, the Customer is required to contact the Seller immediately to communicate the reasons for the refusal and agree on the methods of managing the matter.

The rejected goods will remain in storage at the courier for a maximum of 10 days, during which the Customer can collect the package or provide instructions for its return to the sender. After this period, the goods will be returned to the sender and the related costs will be charged to the Customer.

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 the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.

8.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent 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 with the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.

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

8.5 The Seller is not responsible for any damages of any nature whatsoever resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from fortuitous events or force majeure.

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

The products purchased on the site https://motorcycle-soul.com are subject to the discipline, where applicable, of Legislative Decree 2.2.2002 n. 24 (GU n. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, for anything not contemplated therein, to the specific provisions set forth in this 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 and that is in compliance with its intended purpose and with what is provided for in any technical documentation, with observance of the various operating standards indicated therein. The aforementioned guarantee will not be applicable in the event of negligence, 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, retailers, etc. Any non-conformity of the products must be reported within the terms established by law and by completing the form to be requested at the following email address shop@motorcycle-soul.com and which must be attached by the Customer when returning the possibly non-compliant product together with a copy of the order confirmation sent by email by MAKE SOUL SRL (as indicated in art. 3 above). The product, even if non-compliant, must be complete with packaging and all accessories and documentation received by the customer at the time of purchase when returned to MAKE SOUL SRL to be repaired or replaced. Returning the product without the original packaging, accessories and documentation mentioned above prevents MAKE SOUL SRL from replacing the product at the manufacturer and makes 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 such check. If, following verification by MAKE SOUL SRL, the defect does not appear to be a lack of conformity, the Company reserves the right to charge the Customer for 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 warranty to the Legal Warranty 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 may assert this warranty only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice or exclude the Legal Warranty.

Art. 10 Responsibility

MAKE SOUL SRL shall not be liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages that were not foreseeable at the date of signing these General Conditions, suffered by the Customer or by third parties in connection with the services provided by the same and/or for damages of any kind or in any way connected with the same, 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 preceding point is limited to, and may in no 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 liability refers. Any further damage, loss, cost or expense is expressly excluded. The liability of MAKE SOUL SRL is excluded for any disservices and/or prejudices that may arise to the Customer from causes not attributable to the same or, in any case, from delays due to malfunction, failure or irregular transmission of information or causes beyond its control including, without limitation, delays or system line drops, interruption in the functioning or lack of connection of the Internet or interruption, suspension, malfunction of the access nodes to the Internet, interruption, suspension or malfunction of the electronic, postal or electricity supply service; from lockouts or strikes, including of its own personnel, wherever they may occur; from impediments or obstacles determined by provisions of law or by acts of national or foreign authorities; from provisions or acts of a judicial nature or acts 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 security of the services themselves, as well as to suspend their operation for precautionary reasons, without MAKE SOUL SRL being 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, MAKE SOUL SRL is not able to know the Customer's credit card number at any time during the purchase procedure.

Art. 11 Customer Service

11.1 You can request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or by 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 published reviews 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 believe that the related review can be traced back to a real purchasing 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 solicited review. Furthermore, reviews originating from sponsorships or a relationship with a professional (e.g. influencer) may be published; this circumstance is also duly disclosed on the related review.

12.2 The tool for publishing reviews is TrustedShops, from Trusted Shops AG. For more information on this tool, please visit 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 catalogue and where the products in the order are not available for reasons beyond the control of Make Soul Srl, the latter must promptly notify the customer. In this case, Make Soul Srl will have no obligation to deliver the ordered goods

- items that cannot be delivered due to particular problems;

- credit card fraud.

In any case, if the products ordered are not available, Make Soul Srl will promptly refund 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 the provisions of these General Conditions of Sale and, where not otherwise provided, by the Italian Consumer Code.

14.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. 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 has the qualification of Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who has the qualification of 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 site of each of them and start an online dispute resolution procedure in which he is involved.

14.5 In any case, the right of the Consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, 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 regulates the relationship between the Customer and the Seller. In any case, the rights and obligations established by the law applicable from time to time remain intact.

The Italian version of this contract is the official and legally binding one. Translations into German, French, English, Spanish are provided for ease of reference only.

Monferrato House 01/01/2022