Terms of service

STANDARD CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS

THE BUYER EXPRESSLY DECLARES THAT THE PURCHASE IS MADE FOR PURPOSES UNRELATED TO ANY COMMERCIAL OR PROFESSIONAL ACTIVITY PERFORMED.

Supplier Identification
The goods subject to these general conditions are offered for sale by Mostarda Srl, with registered office/branch at Via Silvestri 226, 00164 Rome, Italy, Tax Code/VAT Number 17495921003, hereinafter referred to as the “Supplier.”

Art. 1
Definitions

1.1. The term "online sales contract" refers to the purchase agreement concerning the Supplier’s tangible movable goods, entered into between the Supplier and the Buyer within the framework of a distance selling system using telematic tools organized by the Supplier.

1.2. The term "Buyer" refers to the natural person consumer making the purchase under this contract for purposes not related to any commercial or professional activity possibly carried out.

1.3. The term "Supplier" refers to the party mentioned above, namely the entity providing the information services.

Art. 2
Subject of the Contract

2.1. Under this contract, the Supplier sells, and the Buyer purchases via telematic tools, the tangible movable goods indicated and offered for sale on the website https://bikearmor.it/.

2.2. The products mentioned above are illustrated on the web page: https://bikearmor.it/collections.

Art. 3
Contract Conclusion Procedures

3.1. The contract between the Supplier and the Buyer is concluded exclusively via the Internet through the Buyer's access to https://bikearmor.it/, where, following the indicated procedures, the Buyer will formalize the purchase proposal for the goods as per Art. 2.1 of this contract.

Art. 4
Conclusion and Effectiveness of the Contract

4.1. The purchase contract is concluded by the accurate completion of the order form and the expression of consent to purchase made through the online submission of the same form, which is linked to the electronic catalog at https://bikearmor.it/cart. Before submitting the order, a printable web page summarizing the order is displayed, including the details of the buyer and the order, the price of the purchased goods, shipping costs, any additional charges, payment methods and terms, the delivery address, delivery times, and the existence of the right of withdrawal.

4.2. Upon receiving the order from the Buyer, the Supplier sends a confirmation email or displays a printable confirmation and summary page on the web, containing the information specified above.

4.3. The contract is not deemed concluded and effective unless the above step is fulfilled.

Art. 5
Payment and Refund Methods

5.1. All payments by the Buyer must be made exclusively using one of the methods indicated on the appropriate web page of the Supplier.

5.2. Any refund to the Buyer will be credited using one of the methods offered by the Supplier and selected by the Buyer, promptly and, in the event of exercising the right of withdrawal as outlined in Art. 13, paragraph 2 and subsequent of this contract, within a maximum of 30 days from the date on which the Supplier was informed of the withdrawal.

5.3. All payment communications take place via a secure Supplier line encrypted by a protection system. The Supplier ensures that this information is stored with an additional level of encryption and in compliance with current regulations on the protection of personal data.

Art. 6
Delivery Times and Methods

6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time of the product offer, as confirmed in the email mentioned in the following point.

6.2. Shipping times may vary from the same day of the order to a maximum of 3 working days from its confirmation. If the Supplier is unable to ship within this time frame but still within the period specified in the following point, the Buyer will be promptly notified by email.

6.3. The methods, times, and shipping costs are clearly indicated and highlighted on each product's information page and within the website itself.

Art. 7
Prices

7.1. All product sales prices displayed and indicated on the website https://bikearmor.it/ are in euros and represent a public offer under Art. 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if applicable, although not included in the purchase price, must be indicated and calculated during the purchase procedure before order submission and are also summarized in the order confirmation web page.

7.3. The prices listed for each product offered to the public are valid until the date specified in the catalog.

Art. 8
Product Availability

8.1. The Supplier ensures that order processing and fulfillment are performed without delay through the telematic system used. For this purpose, the electronic catalog indicates, in real-time, the availability of products and their estimated shipping times.

8.2. Should an order exceed the stock quantity, the Supplier will notify the Buyer by email whether the item is no longer available for reservation or the estimated wait time to obtain the selected item, asking whether the Buyer wishes to confirm the order.

8.3. The Supplier’s system confirms the order registration as quickly as possible by sending an email to the User, as described in point 4.2.

Art. 9
Limitation of Liability

9.1. The Supplier shall not be held liable for disruptions caused by force majeure events if it fails to execute the order within the contractually agreed time.

9.2. Except in cases of willful misconduct or gross negligence, the Supplier shall not be held liable toward the Buyer for service failures or malfunctions related to the use of the Internet that are beyond its control or that of its subcontractors.

9.3. The Supplier shall not be liable for damages, losses, or costs incurred by the Buyer due to non-fulfillment of the contract for reasons not attributable to the Supplier. In such cases, the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.

9.4. The Supplier assumes no liability for any fraudulent or unlawful use of credit cards, checks, or other payment methods by third parties to pay for purchased products, provided that the Supplier can demonstrate having taken all possible precautions based on the best knowledge and expertise available at the time, and in accordance with ordinary diligence.

9.5. Under no circumstances shall the Purchaser be held responsible for delays or payment issues if they prove that the payment was made in accordance with the terms and methods specified by the Supplier.

Art. 10 - Liability for Defects, Proof of Damage, and Compensation: Supplier's Obligations

10.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the product sold if they fail to inform the Injured Party, within three months of the request, of the identity and address of the manufacturer or the party who supplied the product.

10.2. The aforementioned request by the Injured Party must be made in writing and must specify the product that caused the damage, the place, and date of purchase; it must also include the availability of the product for inspection, if still existing.

10.3. The Supplier cannot be held liable for the consequences of a defective product if the defect is due to product compliance with mandatory legal standards or binding measures, or if scientific and technical knowledge at the time the product was put into circulation did not allow the product to be deemed defective.

10.4. No compensation shall be due if the Injured Party was aware of the product defect and the associated risk and nevertheless voluntarily exposed themselves to it.

10.5. In any case, the Injured Party must prove the defect, the damage, and the causal link between the defect and the damage.

10.6. The Injured Party may claim compensation for damages caused by death or personal injury, or the destruction or deterioration of an item other than the defective product, provided it is typically intended for private use or consumption and was primarily used by the Injured Party.

10.7. Property damage referred to in Article 123 of the Consumer Code is only compensable to the extent that it exceeds the amount of €387.

Art. 11 - Warranties and Support Procedures

11.1. The Supplier is liable for any lack of conformity that becomes apparent within 12 months from the date of product delivery.

11.2. For the purposes of this contract, consumer goods are presumed to conform to the contract if, where applicable, the following circumstances coexist:
a) they are suitable for the usual purpose of goods of the same type;
b) they conform to the description provided by the Seller and possess the qualities of the sample or model presented to the Consumer;
c) they have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, considering the nature of the goods and, where applicable, public statements made by the Seller, the manufacturer, or their representative, particularly in advertising or labeling;
d) they are also suitable for any specific use requested by the Consumer and made known to the Seller at the time of contract conclusion, and accepted by the Seller, even by implication.

11.3. The Purchaser forfeits all rights if they do not report the lack of conformity to the Seller within 12 months from the date the defect was discovered. Notification is not required if the Seller has acknowledged the defect or concealed it.

11.4. In any case, unless proven otherwise, it is presumed that non-conformities that appear within 12 months from delivery already existed at that date, unless this assumption is incompatible with the nature of the goods or the type of non-conformity.

11.5. In the event of a lack of conformity, the Purchaser may request, free of charge and under the conditions outlined below, the repair or replacement of the purchased item, a price reduction, or termination of this contract, unless the request is objectively impossible to fulfill or would be excessively burdensome for the Supplier under Article 130, paragraph 4 of the Consumer Code.

11.6. The request must be made in writing by registered mail with return receipt to the Supplier, who shall indicate their availability to process the request or the reasons for being unable to do so within 7 working days of receipt.

In the same communication, if the Supplier has accepted the Purchaser's request, they must indicate the method of shipment or return of the product as well as the expected timeline for the return or replacement of the defective product.

11.7. If repair or replacement is impossible or excessively burdensome, or if the Supplier has not completed the repair or replacement within the stated timeframe, or if previous repair or replacement caused significant inconvenience to the Purchaser, the Purchaser may request, at their discretion, a reasonable price reduction or contract termination. The Purchaser must send their request to the Supplier, who will indicate their availability to fulfill the request or explain the reasons for being unable to do so within 7 working days of receipt.

11.8. In the same communication, if the Supplier has accepted the Purchaser’s request, they must indicate the proposed price reduction or the method of returning the defective item. In such cases, it is the Purchaser’s responsibility to specify how the previously paid amounts should be refunded.

Art. 12 - Purchaser's Obligations

12.1. The Purchaser agrees to pay the purchase price of the product within the timeframe and according to the methods specified in the contract.

12.2. The Purchaser undertakes, once the online purchase procedure is completed, to print and keep a copy of this contract.

12.3. The information contained in this contract has already been viewed and accepted by the Purchaser, who acknowledges it, as this step is mandatory before confirming the purchase.

Art. 13 - Right of Withdrawal

13.1. The Purchaser has the right to withdraw from the concluded contract, without penalty and without specifying the reason, within 14 (fourteen) working days from the date of receipt of the purchased product.

13.2. If the Supplier has not fulfilled the obligation to provide information about the existence, conditions, and procedures for returning or collecting goods in the event of exercising the right of withdrawal under Article 52 of the Consumer Code, the withdrawal period shall be 12 (twelve) months starting from the end of the initial withdrawal period.

13.3. If the Purchaser decides to exercise the right of withdrawal, they must notify the Seller via email at amministrazione@bikearmor.it or by using the return contact form. The communication of withdrawal may validly be replaced by the return of the purchased product within the same period. The date of delivery to the post office or courier will serve as proof between the parties.

13.4. The product must be returned no later than 30 (thirty) days from the date of receipt. To receive a full refund, the product must be returned intact and the film must not have been applied to the motorcycle.

13.5. The right of withdrawal cannot be exercised for the purchase of sealed audiovisual or software products that have been opened, custom-made or clearly personalized goods, items that by their nature cannot be returned or may deteriorate rapidly, newspapers, magazines, or periodicals, and products whose price depends on financial market fluctuations not controllable by the professional, or in any other case provided by Article 55 of the Consumer Code.

13.6. The only costs payable by the Consumer for exercising the right of withdrawal are the direct costs of receiving and returning the goods to the Supplier.

13.7. The Supplier will refund the entire amount paid by the Purchaser, net of shipping and, if applicable, cash-on-delivery collection costs, within 30 (thirty) days of receiving the withdrawal notice.

13.8. Upon receipt of the notice of withdrawal from the Purchaser, the obligations of both parties under this contract are mutually terminated, except as provided in the preceding paragraphs.

Art. 14 - Termination Causes

14.1. The obligations under Article 12.1, assumed by the Purchaser, as well as the payment guarantee by the Purchaser via the methods described in Article 5.1, and the exact fulfillment of the Supplier’s obligations under Article 6, are essential. Therefore, by express agreement, the failure to comply with any one of these obligations, unless caused by force majeure or unforeseen events, shall result in automatic termination of the contract pursuant to Article 1456 of the Civil Code without the need for judicial intervention.

Art. 15 - Privacy and Data Processing

15.1. The Supplier protects the privacy of its clients and ensures that data processing complies with privacy laws under various legal systems, including Articles 13 and 14 of Regulation (EU) 2016/679.

15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier Style Tex Srl, data controller, are collected and processed in paper, electronic, and telematic form, for the purpose of registering the order, managing contract execution and communications, legal compliance, and effective commercial relationship management as required to deliver the service (Articles 13 and 14 of Regulation (EU) 2016/679).

15.3. The Supplier undertakes to process the Purchaser’s data confidentially and not disclose them to unauthorized persons or use them for purposes other than those for which they were collected or transmit them to third parties. These data may only be disclosed upon request by judicial authorities or legally authorized entities.

15.4. Personal data may be communicated, subject to a confidentiality agreement, only to persons assigned to carry out necessary contract-related activities and solely within the context of this purpose.

15.5. The Purchaser has the rights outlined in Articles 13 and 14 of Regulation (EU) 2016/679, namely:
a) to update, correct, or supplement data when interested;
b) to delete, anonymize, or block data processed unlawfully, including those not necessary for the purposes they were collected for or subsequently processed;
c) to request confirmation that the operations in points a) and b) were notified to those to whom the data were communicated or disclosed, unless this is impossible or requires disproportionate effort. The data subject also has the right to object, in whole or in part:
i) for legitimate reasons to the processing of personal data, even if relevant to the purpose of collection;
ii) to the processing of personal data for advertising or direct sales or for market research or commercial communication.

15.6. Providing personal data is a necessary condition for proper and timely contract execution. Without it, the Purchaser’s request cannot be fulfilled.

15.7. Data will be stored no longer than necessary for the purposes for which they were collected or processed. They will be securely deleted.

15.8. The data controller is the Supplier, to whom the Purchaser may send any request at the company's headquarters.

15.9. Any material sent to the Supplier (suggestions, ideas, information, etc.) will not be considered confidential, must not infringe third-party rights, and must contain valid, truthful, and lawful content. The Supplier shall not be liable for the content of such messages.

Art. 16 - Contract Storage Methods

16.1. Pursuant to Articles 13 and 14 of Regulation (EU) 2016/679, the Supplier informs the Purchaser that every submitted order is stored digitally or in paper form at the Supplier's premises or servers under conditions of confidentiality and security.

Art. 17 - Communications and Complaints

17.1. Written communications to the Supplier and any complaints are only valid if sent to: Via Silvestri 226, 00164 Rome, Italy or via email to amministrazione@bikearmor.it or through the contact form at https://bikearmor.it/contact. The Purchaser shall provide their residence or chosen address, phone number, or email for Supplier communications.

Art. 18 - Dispute Resolution

18.1. All disputes arising from this contract shall be referred to the Rome Chamber of Commerce and resolved according to its conciliation rules.

18.2. If the parties decide to take legal action, the competent court is that of the Consumer’s place of residence or chosen domicile, which is mandatory under Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 19 - Governing Law and References

19.1. This contract is governed by Italian law.

19.2. For matters not expressly covered herein, applicable legal provisions shall apply, particularly Article 5 of the Rome Convention of 1980.

19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the provisions in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referenced.

Art. 20 - Final Clause

This contract supersedes and replaces all previous agreements, understandings, negotiations, written or oral, between the parties concerning the subject of this contract.