GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website www.leonardiracing.com, (hereinafter Website) is held by: LEONARDI RACING INGEGNOITALIANO S.L., provided with NIF: B42745646 and registered in: R.M. Madrid; and whose registry data are: Volume 681, folio 80, section 8, inscription 1 with page CR 31600, and whose contact details are:
Address: Calle la Florida 5, nave 5, 28670 Villaviciosa de Odón, Madrid, Spain.
Contact telephone number: 912 98 11 83
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (www.leonardiracing.com) and the purchase or acquisition of products and / or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that LEONARDI RACING develops through the Website comprises:
Sale of components and tools for high-end bicycles.
In addition to reading these Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of LEONARDI RACING. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The User will be able to formalize, at his/her choice, with LEONARDI RACING the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of www.leonardiracing.com, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: "Checkout".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that LEONARDI RACING has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to LEONARDI RACING using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by LEONARDI RACING through the Website are subject to the availability of the products and/or that no circumstances or force majeure (clause nine of these Conditions) affect the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or products not being in stock, LEONARDI RACING undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, LEONARDI RACING performs delivery and/or shipping services through: UPS, West Fargo and Envíalia.
In no case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and PayPal.
LEONARDI RACING uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the credit card issuing bank, if such bank does not authorize payment, LEONARDI RACING will not be liable for any delay or non-delivery and will not be able to formalize any contract with the User.
Once LEONARDI RACING receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.
If the means of payment is PayPal, the charge will be made at the time LEONARDI RACING sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking "Pay" the User confirms that the payment method used is his own.
In those cases in which it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands), European Union.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, for which it is responsible, LEONARDI RACING is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact LEONARDI RACING to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to LEONARDI RACING, LEONARDI RACING will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, with the exception of the additional costs resulting from the User's own choice of a delivery mode different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when LEONARDI RACING receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by LEONARDI RACING.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting LEONARDI RACING through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "Pay", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
In cases where the User acquires products on or through the Website of the owner, he/she has a number of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the LEONARDI RACING Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify LEONARDI RACING of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that LEONARDI RACING makes available as an annexed part of these Conditions, however, its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the corresponding deadline.
In case of withdrawal, LEONARDI RACING will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which LEONARDI RACING is informed of the decision to withdraw by the User.
LEONARDI RACING will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, LEONARDI RACING may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to LEONARDI RACING at: Calle la Florida 5, nave 5, 28670 Villaviciosa de Odón, Madrid, Spain.
And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which LEONARDI RACING was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense is governed by the provision of a service that the User could hire on this Website, as this same law states that the right of withdrawal will not assist the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by LEONARDI RACING, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model of withdrawal form:
Return of defective products or error in shipment.
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact LEONARDI RACING immediately and let him/her know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding LEONARDI RACING, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by LEONARDI RACING and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, LEONARDI RACING accepts no liability for the following losses, regardless of their origin:
- any losses which are not attributable to any breach by you;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.
Likewise, LEONARDI RACING also limits its liability in the following cases:
- LEONARDI RACING applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- LEONARDI RACING will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, LEONARDI RACING shall not be liable for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any other causes typical of the sector, resulting in delays, losses or thefts of the product.
- Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. LEONARDI RACING puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
- LEONARDI RACING will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, LEONARDI RACING will not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, LEONARDI RACING shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:
· Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and LEONARDI RACING will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. LEONARDI RACING shall use all reasonable means to find a solution that will allow it to meet its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Web Site, the User agrees that most communications with LEONARDI RACING will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that LEONARDI RACING sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with LEONARDI RACING through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, LEONARDI RACING may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by LEONARDI RACING of any specific legal right or action or failure by LEONARDI RACING to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or action arising from a contract or the Conditions, or relieve the User from the performance of its obligations.
No waiver by LEONARDI RACING of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and LEONARDI RACING in relation to the object of sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and LEONARDI RACING acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts for the purchase of products through the same shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between LEONARDI RACING and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send LEONARDI RACING his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, LEONARDI RACING has official complaint forms available to consumers and users, which they can request from LEONARDI RACING at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, should a dispute arise from the conclusion of this purchase contract between LEONARDI RACING and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.