Terms of Sale

1. Object

1.1. These general conditions of sale (hereinafter also the “Conditions”) apply to the purchase of CESARE CREMONINI branded products (hereinafter “Products” or singularly “Product”) made through the e-commerce website CESARECREMONINI.SHOP (hereinafter the “Website”) by users who qualify as “Consumers” according to article 1.2 below. The Website, owned by VR|46 RACING APPAREL S.r.l., with registered office in Pesaro at via Rosselli n. 46, 61100, VAT number 02495180412 (hereinafter the “Owner”), is exclusively managed by EASYREPLICA INTERNATIONAL SRL with registered office at Via Toscana, 34 – 61122 Pesaro (PU), VAT number 02568220418 (hereinafter “EASYREPLICA”).

1.2. EASYREPLICA handles the sale of Products through the Website. Purchases of Products made through the Website will involve EASYREPLICA INTERNATIONAL SRL as the seller (hereinafter the “Seller”), and the party who proceeds with the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, artisanal, or professional activity, as the buyer (hereinafter the “Consumer”) (Seller and Consumer will hereinafter be collectively referred to as the “Parties”).

1.3. The Owner is not a party to these Conditions, not being a party to the sale of Products between the Seller and the Consumer, but is the owner of the rights to the domain name of the Website, the logos and trademarks related to the Products presented on the Website, as well as the copyright on the contents of the Website.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contacts and methods indicated on the Website and to the e-mail address support@cesarecremonini.shop. support@cesarecremonini.shop.

1.5. Every purchase is governed by the general conditions of sale in the version published on the Website at the time the order is transmitted by the Consumer.

1.6. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Parties who are not Consumers are invited not to place purchase orders. If one or more sales are made to a party not qualifying as a Consumer, these Conditions will apply but, in derogation of what is provided therein:

i. the buyer will not be granted the right of withdrawal referred to in article 10;

ii. the buyer will not benefit from the Product warranty indicated in article 8;

iii. the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or conform to mandatory legal provisions;

iv. the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

1.7. Simultaneously with 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 to them via e-mail to the address declared by them during registration on the Website or during the purchase process.

1.8. To make purchases through the Website, the Consumer must be of legal age (18 years old) and have the capacity to act, which the Consumer declares to possess.

1.9. Any costs for the internet connection to the Website, including telephone costs, according to the rates applied by the operator selected by the Consumer, are the sole responsibility of the Consumer.

2. Product Characteristics and Availability in Different Geographical Areas

2.1. Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time the order is placed by the Consumer, excluding 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 notice to Website users. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded from that date.

2.3. Prices, Products for sale on the Website and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet confirmed on 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 Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries indicated on the Website.

3. How to Purchase Products – Conclusion of Each Individual Purchase Contract

3.1. The presentation of the Products on the Website, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not a public offer.

3.2. The purchase order transmitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept fully and without reservation. Before proceeding with the purchase of the 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 using the print command and to store or reproduce a copy for their personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer’s purchase order is accepted by the Seller by sending the Consumer, to the e-mail address declared by them to the Seller at the time of registration on the Website or at the time of order transmission if the Consumer is not registered on the Website, an e-mail confirming the order itself, which will include a link to the text of these Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the ordered Product. The Consumer’s order, the Seller’s order confirmation, and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its IT systems, and the Consumer may request a copy by sending an e-mail to the Seller at support@cesarecremonini.shop.

3.4. Each contract for the purchase of Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Product Selection and Purchase Procedure

4.1. The Products presented on the Website can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products is complete, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Website, providing the requested data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided during registration on the Website, the Consumer will be asked to confirm their data (for example, but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified: then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Website and finally, through the “Place order” button, the Consumer will be asked to confirm their order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, from those available. If the Consumer decides on immediate payment (at the time of purchase) by credit card or PayPal, they will be required to communicate the relevant data via a secure connection. For accounting and administrative purposes, 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 debited only at the time the order confirmation is transmitted from the Seller to the Consumer.

4.2. If, during the Product selection procedure on the Website referred to in the previous point 4.1, the Consumer finds that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions then in force, due to an obvious technical problem that occurred on the Website, they are requested not to complete their purchase order and to report the aforementioned technical error to the Seller’s Customer Service, by sending an e-mail to the address support@cesarecremonini.shop.

5. Delivery of Goods and Acceptance

5.1. The Website indicates the availability of the Products and their delivery times; 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 to meet the delivery times indicated on the Website and, in any case, to carry out the delivery within a maximum of 30 (thirty) days from the day following the day on which the Consumer transmitted 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 communication 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.

5.3. The shipment of Products ordered by the Consumer will take place in the manner selected by the Consumer, from those available and indicated on the Website at the time the order is placed. The Consumer undertakes to promptly check, as soon as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their non-conformity with the order placed, according to the procedure referred to in article 8 of these Conditions, otherwise the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/forwarder or to accept delivery “with reservation”.

6. Prices, Shipping Costs, Taxes and Duties

6.1. The price of the Products is that indicated on the Website at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs, which are calculated before the order confirmation transmitted by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

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

6.3. If the Products are to be delivered to a country not belonging to 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 from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, as provided for by the legal provisions of the country where the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, duties, taxes and/or imposts that a given country may apply, for any reason, to the Products ordered under these Conditions, are the sole responsibility of the Consumer.

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

7. Payments

7.1. Payment of the price of the Products purchased through the Website must be made within the essential period of 10 (ten) 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 upon crediting of the price of the purchased Product(s) to the Seller’s current account.

7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Website.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to PayPal (Europe) S.à r.l et Cie, S.C.A, the operator handling payments on behalf of the Seller. The transmitted data will be sent in a protected manner, by encrypted data transfer with a 128-bit SSL (Secure Socket Layer) system. Such data is not accessible even to the Seller.

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

8. Seller’s Legal Guarantee of Conformity, Reporting Defects of Conformity, and Warranty Interventions

8.1. Pursuant to and for the purposes of European Directive 44/99/CE and Italian Legislative Decree no. 206/2005 (hereinafter the “Consumer Code”), the Seller guarantees to the Consumer that the Products will be free from design and material defects and will conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that is not compliant with the Product’s intended use and the instructions/warnings provided by the Seller and/or the Owner, or indicated in the illustrative reference documentation, on tags or labels.

8.2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months from discovery, by sending the specific, correctly completed form to Customer Service via e-mail at support@cesarecremonini.shop, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and/or the tax receipt)

8.3. Following receipt of the form and relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner’s assistance service and, after carrying out quality controls to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a response, containing the “Return Code”, via e-mail to the address provided by the latter during the Website registration process or during the order transmission phase. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the authorization to return communication bearing the “Return Code”, within 30 (thirty) days from the report of the defect or non-conformity, to the following address:

EASYREPLICA INTERNATIONAL SRL  
Via Toscana, 34
61122 Pesaro (PU)

8.4. In case of defects or non-conformities, the Consumer will have the right to have the Product brought into conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by Article 130 of Legislative Decree no. 206/2005.
If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product. It will be the Consumer’s responsibility to communicate to the Seller, always via e-mail to support@cesarecremonini.shop, the bank details for making the transfer in their favor and to enable the Seller to return the due amount.

9. Liability for Damage from Defective Products

9.1. With regard to any damages caused by defects in the Products, the provisions of European Directive 85/374/CEE and the Consumer Code apply. The Seller, as distributor of the Products through the Website, is released from any and all liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the respective manufacturer.

10. Right of Withdrawal

10.1 Subject to the exceptions referred to in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is granted the right to withdraw from any contract concluded under 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 multiple Products delivered separately with a single order, the last product was delivered.

10.2 Subject to the exceptions referred to in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is granted the right to withdraw from any contract concluded under 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 multiple Products delivered separately with a single order, the last product was delivered. support@cesarecremonini.shop, of their decision to withdraw using the standard withdrawal form.

10.3 Following what is provided in the previous point 10.2, the Consumer will receive an e-mail confirming the exercise of the right of withdrawal, containing, if they have already received the ordered product in the meantime, the return form to be included in the package, and instructions on how to proceed with the return of the product, to be sent no later than the following 14 days to:

EASYREPLICA INTERNATIONAL SRL  
Via Toscana, 34
61122 Pesaro (PU)

10.4 If the Consumer has received the product, they are required to return it to EASYREPLICA INTERNATIONAL SRL without undue delay and, in any case, within 14 days from the day on which they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The direct risks and costs of returning the goods, as well as the proof thereof, will be borne by the Consumer. If the Consumer exercises the right of withdrawal through the website, before confirming the withdrawal request, they will be informed of the cost for returning the goods, should they wish to use the return service offered by the website.

10.5 In case of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs resulting from the Consumer’s eventual choice of a delivery type 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 withdrawal. These reimbursements will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement by a different means of payment, in which case any additional costs resulting from the different means of payment will be borne by the Consumer. Reimbursement may be suspended until receipt of the goods or until the Consumer has demonstrated that they have sent back the goods, if earlier.

10.6 The Consumer is responsible for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (e.g., with signs of wear, abrasion, chipping, scratching, deformation, etc.), incomplete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging, and warranty certificate, if present, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund of the amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with another protective packaging that preserves its integrity and protects it during transport, also from writing or labels.

11. Intellectual Property Rights

11.1. The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relating to the Products are and remain the exclusive property of VR|46 RACING APPAREL S.r.l. with registered office in Pesaro at via Rosselli n. 46, 61100, VAT number 02495180412 and/or its successors, without the Consumer acquiring any rights over them by accessing the Website and/or purchasing the Products.

11.2. The contents of the Website 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 EASYREPLICA INTERNATIONAL SRL with registered office at Via Toscana, 34 – 61122 Pesaro (PU), VAT number 02568220418.

12. Consumer Data and Privacy Protection

12.1. In order to proceed with registration, order submission, and thus the conclusion of the contract based on these Conditions, certain personal data are requested from the Consumer through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with Italian law D.Lgs. n. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Website and, with their prior consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Website at the time of registration.

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

12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the dedicated section of the Website “My Account” accessible after authentication.

12.4. For any further information on how the Consumer’s personal data is processed, please refer to the Privacy Policy section and carefully read the General Terms of Use.

13. Security

13.1. Although the Seller adopts measures aimed at protecting personal data against their eventual loss, falsification, manipulation, and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller and the Owner cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), are not accessible or viewable by unauthorized third parties.

13.2. Regarding credit card payment data, the Seller uses the services of PayPal (Europe) S.à r.l et Cie, S.C.A, which adopts technological systems to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

14.   Applicable Law, Conciliation Attempt, and Competent Court

14.1. Every sales contract concluded between the Seller and 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 Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, any rights eventually granted to Consumers by mandatory legal provisions in force in their State will be protected.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee our participation in an amicable conciliation attempt that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Pesaro, which allows for reaching a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure manner online. For more information on the RisolviOnline regulations or to submit a conciliation request, access risolvionline.com

14.3. Alternatively to the conciliation attempt referred to in the preceding point 14.2, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, through it, an alternative dispute resolution procedure relating to this contract, access the following link: ec.europa.eu/consumers/odr/. The Seller’s e-mail address to be indicated ion the European ODR Platform is: info@cesarecremonini.shop.

14.4. If the conciliation attempt referred to in the preceding point 14.2 or 14.3 is not adhered to or if such attempt is unsuccessful, the dispute will be referred to the court of the Consumer’s place of residence or domicile. Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation): The European Commission gives consumers the opportunity to resolve disputes online, pursuant to Art. 14 Para. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court settlements on disputes arising from online purchases and service contracts.