1. Object

1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase dei products  (hereinafter "Products" or the singular "Product") made through the e-commerce site www.motorstock.it (hereinafter the "Site") by users who qualify as "Consumers" pursuant to article 1.2 below. The Site, owned and managed by motorstock S.r.l. – Via dei Cerchi 51 00186 Rome (RM) – P.i. e C.f. 10320911000 (hereinafter "Owner" or "MOTORSTOCK").

1.2.MOTORSTOCK deals with the sale dei Products through the site motorstock.it.  Purchases dei Products made through the Site will see as parties MOTORSTOCK, as seller (hereinafter the "Seller"), and the person who proceeds with the purchase of one or more Products for purposes not related to his business, commercial, craft or professional activity, as buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter be collectively referred to as the "Parties").

1.3. Any communication from the Consumer connected and/or related to the purchase dei Products - including any reports, complaints, requests concerning the purchase and/or delivery dei the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address ordini@motorstock.it.

1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.

1.5. The Site is dedicated to retail and as such is intended for the exclusive use dei Consumers. Subjects who are not Consumers are invited not to execute purchase orders.  If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:

1. the buyer will not be granted the right of withdrawal referred to in Article 10;
2. the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
3. the buyer will not be granted any other protections, provided here in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
4. the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.6. At the same time as the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address declared by the same during registration on the Site or during the purchase process.

1.7. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and the capacity to act, which the Consumer declares to possess.

1.8. The Consumer is solely responsible for any costs for connecting to the Site via the Internet, including telephone costs, according to the rates applied by the operator selected by the Consumer.

2. Characteristics dei Products and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded on or after that date.

2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.  

3. How to purchase dei Products - Completion of each individual purchase contract

3.1. The presentation dei the Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual purchase proposal and is governed by these Conditions, which are an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without any reservation. Before proceeding with the purchase dei Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering dei their data.

3.3. The purchase order is accepted by sending the Consumer a message to take charge of the order itself (Order Receipt), the Order Receipt does not constitute acceptance of your purchase proposal. By sending the Order Receipt, in fact, we only confirm that we have received the order and that we have submitted it to a process of verification of data and availability dei products requested by you. The sales contract with motorstock srl will be concluded only when we send you a separate e-mail of acceptance of your purchase proposal which will also contain information relating to the shipment of the product ("Shipping Confirmation").

3.4. The Order Receipt message will contain the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, dei shipping costs and dei applicable taxes, and the description  of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at ordini@motorstock.it

3.5. Each purchase contract dei Products is concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Procedure for selection, purchase dei Products and Discount Coupons

4.1. The Products presented on the Site may be purchased by selecting dei Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection dei the Products has been completed, to make the purchase dei the Products included in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or  (iii)   to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm his data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check mark (check-box) on the Site and finally, through the "Complete your Order" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in paragraph 3.2 above. of this contract. The Consumer will also be asked to choose the shipping method and payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal, Satispay or Installment Payment, he will be required to communicate the related data via a secure connection on the website of the payment service provider. For accounting and administrative reasons, the Seller reserves the right to verify the personal details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation from the Seller to the Consumer.

4.2 Despite all our efforts, we cannot exclude that for a small part of the thousands of items in our catalog a price different from the actual one is indicated by mistake. In any case, we will check the correctness dei the prices dei the products during the order verification process and subsequent shipment dei the products. If, due to misunderstandings or other inconveniences, the price indicated on the site is lower than the correct selling price of a product, we may contact you to check if you still wish to purchase the product at the correct price or we may not accept your order. In the event that the Consumer realizes the incorrect price, he can send a report to ordini@motorstock.it pointing out this anomaly. 

4.3 The discount vouchers are granted as a temporary promotion, will not be refunded during withdrawal and can not be   added to other discount coupons, if a sum of more discount vouchers should occur in the cart, the Consumer must report it to motorstock srl by sending an email to ordini@motorstock.it,  if motorstock srl receives an order with more discount codes, it may consider the request null and void and cancel the order by sending a communication to the Consumer.

5. Delivery of goods and acceptance

5.1. The Site indicates the availability dei the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power in order to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum time of 30 (thirty) days from the day following that on which the Consumer has sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par.

5.3 If the Consumer has chosen bank transfer as payment method, the delivery term will start from receipt of the consideration by the Seller.

5.4 The shipment dei Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect dei the Products received or their discrepancies with respect to the order placed, according to the procedure referred to in art. 8 of these Conditions, in the absence of which the Products will be considered accepted. If the packaging or wrapping dei the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".

5.5. If available, the Consumer will also have the opportunity to choose, at the time of sending his order, the Delivery in Store, selecting the most convenient point of sale among those indicated on the Site where to collect the Product (s) object of his purchase order. For this type of shipment some payment methods such as cash on delivery and scalapay (online installment payment) will not be available. The Consumer, after receiving an e-mail from the Seller of "confirmation of withdrawal of the Product", must go to the point of sale selected at the time of sending the order to collect the ordered Product with a copy of the e-mail confirming his order and a valid identity document. If the Consumer does not collect the Product(s) object of his purchase order within 7 (seven) days following receipt of the aforementioned "Product collection confirmation" e-mail, the Seller will activate the order cancellation procedure and will consider himself entitled to sell the Products subject to the canceled order to third parties, in the case of advance payment, an e-mail confirming the cancellation of the order will be sent to the Consumer, and the refund of the amount paid no later than 14 (fourteen) days after sending the aforementioned e-mail.il Seller will use the same payment method selected by the Consumer for the initial transaction. It is understood that the employees of each point of sale are not authorized to return to another address the Consumer's order that provides for Delivery in the Store.  In case of withdrawal made by a third party not the holder of the order, it is necessary to present oneself at the point of sale with a proxy signed by the holder of the order, a copy of a valid identity document of the latter as well as a copy of the order confirmation and invoice received by e-mail from the Consumer.

6. Prices, shipping costs, taxes and fees

6.1. The price dei Products is the one indicated on the Site at the same time as the order is sent by the Consumer. Prices include dei standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.

6.2. The Consumer must pay the Seller the total price, as shown in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including  indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination dei the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination dei the Products.

6.4. The Consumer is solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions.

6.5. The Consumer declares that the lack of knowledge dei costs, charges, duties, taxes and / or taxes referred to in paragraph 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7. Payments

7.1. The payment of the price dei the Products purchased through the Site must be made within the essential term of 6 (six) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product(s) is credited to the Seller's current account.

7.2. Payment can be made by credit card or by PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site. If available on the Site, the method of payment by cash on delivery will in any case be excluded for the payment of purchase orders for which the In-Store Delivery referred to in art. 5.5.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to the bank. The transmitted data will be sent in a secure manner, through encrypted transfer dei data with SSL (SecureSocketLayer) 128-bit system. These data are not accessible even to the Seller.

7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the order number in the reason for payment. The data for payment will be sent by email in the order confirmation.

7.5. The Seller will promptly send to the Consumer, if required by applicable law, in electronic format by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Return Requests

The return can only be requested for online orders with home delivery, to submit the return request log in to your account and go to "My orders", in the left column select RETURN REQUESTS and selecting your order you can Send the Request. Attention this button will be activated only after delivery of the goods.

Within the Return Form choose the type of request among:
WITHDRAWAL – you are not obliged to give us any explanation
EXCHANGE GOODS – indicate the product you want to replace
WARRANTY - Explain the problem and attach the photo

In the following 24 hours you will receive an answer from our staff and in case of return authorization you must:
1 - Read the email with the return authorization
2 - Print the authorization: the sheet with the Barcode (received by email) or that you find in your requests, and insert it inside the package
3 - Pack the goods as instructed
4 - Follow the online procedure to book the collection on the website of our partner courier, all shipments sent differently will be rejected.

Once the package has been received in our warehouses, we will handle the request as soon as possible.

In the case of RETURN OF MORE ITEMS you will have to submit an online request for each returned item and put all the items in a single package with the relative authorizations. The courier is authorized to collect only 1 package.

Motorstock.it reserves the right not to accept items of the same order, returned and shipped at different times. Returned products must be sent in a single shipment.

9. Exchange of goods

In case of request with exchange of goods, in addition to the change of size or color, you can replace the item with any other object on our site.

In the online return request you will have to report the replacement item, to do so you can enter the information in the online request form or write it on the sheet (return authorization) that you will have to insert in the package.

If in the exchange of goods there is a price difference in our favor we will ask you for payment by PayPal or credit card, in case the difference will be in your favor, we will refund it to the payment method used when ordering and in the case of payment by cash on delivery or bank transfer you will have to send us your Iban code.

Only items returned according to the instructions will be exchanged. If the return does not meet the conditions listed below, the package will be returned to the sender.

HELMETS: Helmets must be returned clean, without any mark and placed in their original intact box, as an integral part of the object itself. Helmets that will be returned with marks, without box or dirty will not be accepted and returned to the sender. The box is an integral part of the product and must be received intact in all its parts. Damaged boxes will not be accepted as well as returned goods.

CLOTHING: Clothing must be returned with a barcode tag, in its original packaging. The article must retain its substantial integrity. The garments must not have even the slightest signs of damage and / or deterioration. All accessories such as certificates of authenticity, dust bags must also be included in the package.

SHOES AND BOOTS: All footwear must first be worn on a carpet until you have decided to keep the product, in order not to ruin the sole. The shoes must be returned clean, without any mark and in their original box intact, as an integral part of the shoe itself. Shoes that will be returned with marks, without box or dirty will not be accepted and returned to sender. The box is an integral part of the product and must be received intact in all its parts. Damaged boxes will not be accepted as well as returned goods.

ACCESSORIES, SPARE PARTS and BATTERIES: Accessories such as attachments, top cases, visors, batteries, arrows, pads etc .. Etc.. They must be returned in their original and intact packaging and must not have been installed, the activated batteries can not be changed for any reason.

10. Right of withdrawal

10.1 Without prejudice to the exceptions provided for in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of purchase of several Products delivered separately with a single order, The last product has been delivered.

10.2 To exercise the right of withdrawal, the Consumer must inform MOTORSTOCK, before the expiry of the period referred to in paragraph 10 above.1 of your decision by accessing the "My returns" page from My Account or, if you are not registered on the site, by accessing the dedicated page and entering the order number and the e-mail with which you made the purchase. Alternatively, the Consumer can send an explicit declaration to MOTORSTOCK via the contact form or to the e-mail address ordini@motorstock.it, of his decision to withdraw using the withdrawal form

10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product, the return form to be included in the package, and instructions for returning the product, to be sent no later than the following 14 days to MOTORSTOCK SRL VIA AL QUARTO MIGLIO 76 – 00178 ROME (RM)

10.4 If the Consumer has received the product, he is obliged to return it to MOTORSTOCK without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning dei goods, as well as proof thereof, will be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the request for withdrawal he will be indicated the cost for returning dei goods, if he wants to use the return service offered by the site.

10.5 In case of withdrawal, the Consumer will be refunded the payments he has made, including dei delivery costs (with the exception dei additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction. The refund may be suspended until receipt dei goods or until the Consumer demonstrates that he has sent back the goods, whichever is earlier.

10.6 The Consumer is responsible for the diminished value dei the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning dei goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions / notes / manuals attached, by the original packaging and packaging and by the warranty certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging dei the Products with other protective packaging that preserves its integrity and protects it during transport also from writings or labels.

11. Legal guarantee of conformity of the Seller, reporting dei conformity defects and warranty interventions

11.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery dei the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product that does not comply with that of the Product and the instructions / warnings provided by the Seller and / or the Owner, or reported in the reference illustrative documentation, tags or labels.

11.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months from discovery, by sending to the Customer Service by e-mail to the address ordini@motorstock.it, the appropriate form correctly completed, indicating the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the receipt).

11.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return dei the Products by providing the Consumer with feedback, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days from the notification of the defect or non-conformity, to the following address: MOTORSTOCK SRL VIA AL QUARTO MIGLIO 76 – 00178 ROME (RM)

11.4. In case of defects or non-conformities, the Consumer will have the right to restore the conformity of the Product by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005. If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, always via e-mail to ordini@motorstock.it, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.

12. Liability for defective products

12.1. With regard to any damage caused by defects dei Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as distributor dei Products through the Site, is released from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative manufacturer.

13. Intellectual Property Rights

13.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on dei the Site or relating to the Products are and remain the exclusive property of MOTORSTOCK and / or its assignees, without access to the Site and / or purchase dei Products can derive any rights to the Consumer on the same.

13.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of MOTORSTOCK

14. Consumer Data and Privacy Protection

14.1. In order to proceed with the registration, forwarding of the order and therefore the conclusion of the contract on the basis of these Conditions, some personal data are requested from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the regulations referred to in Italian Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, subject to his consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

14.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

14.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the appropriate section of the "My Account" Website accessible after authentication.

14.4. For any further information on the methods of processing dei Consumer's personal data, please access the Privacy Policy section

15. Security

15.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), they are not accessible or viewable by unauthorized third parties.

15.2. With regard to data relating to payments by credit card, the Seller uses dei services of the company Nexi Payments Spa, which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

16. Applicable law, attempted conciliation and jurisdiction

16.1. Any sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.

16.2. In the event of disputes between the Seller and a Consumer, we guarantee as of now our participation in an attempt at amicable settlement with the Consumer, if you do not adhere to the attempt at conciliation the dispute will be devolved to the judge of the place of residence or domicile of the Consumer.