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General and Contractual Conditions of Sale of MP Dynasty Exhaust Srl www.mpexhaust.it

The www.mpexhaust.it website is owned and managed by MP Dynasty Exhaust Srl, with registered office in Via Gramsci 15, 26029 Soncino (CR), VAT number 01651210195, e-mail amministrazione@mpexhaust.it , with operational headquarters in Via Don L. Sturzo, 2 – 26029 Soncino (CR).
 

Users are invited to carefully examine this document before using the services: terms and conditions

Art. 1 – Object of this contract 
 
The object of this contract is the sale of motorbike exhaust systems and accessories in the quantity and type chosen by the consumer through the selection of products on the site www.mpexhaust.it. The goods for sale are those described on the pages of www.mpexhaust.it. The data indicated therein may be subject to changes and periodic updates, also for the purpose of further improving the service for the consumer.
 
Art. 2 – Prices and product availability
 
Business-to-Business (B2B)
The prices of the products referred to in Article 1 are indicated on the website and are exclusive of VAT. To the price of the product must be added the cost of shipping where applicable, the amount of which, also indicated on the site, varies depending on the delivery method requested, in addition to any customs duties and taxes. In the event that the product is not available, the consumer will be promptly informed by e-mail. The prices and availability of our products marketed via the www.mpexhaust.itwebsite are subject to change without notice.
 
Business-to-Consumer (B2C)
The prices of the products referred to in Article 1 are indicated on the website and include VAT. To the price of the product must be added the cost of shipping where applicable, the amount of which, always indicated on the site, varies depending on the delivery method requested, in addition to any customs duties. In the event that the product is not available, the consumer will be promptly informed by e-mail. The prices and availability of products marketed by MP Dynasty Exhaust Srl through the site www.mpexhaust.it are subject to change without notice.
 
Art. 3 – Purchase contracts stipulated by minors
 
Purchases can only be made by persons who have reached the age of 18 (eighteen) years. MP Dynasty Exhaust Srl is exempt from any responsibility in the event of a purchase by a minor who has provided false information regarding age or false instructions for purchasing the goods on the site. In any case, parents are directly responsible for the payment of the goods purchased by their underage children, without prejudice to the discipline of withdrawal as per Art. 6 of these conditions of sale.
 
Art. 4 – Orders/Invoicing
 
Orders are accepted in writing, by e-mail and internet. The conclusion of the contract is subject to receipt of the order by MP Dynasty Exhaust Srl. The invoice shall be issued following delivery of the goods, within the timeframe envisaged by law. Unless otherwise requested by the consumer, a copy of the invoice will be sent by e-mail.
 
Art. 5 – Delivery of goods
 
The delivery of the goods takes place according to the terms indicated on the site, to the address indicated by the customer and through the courier appointed by MP Dynasty Exhaust Srl. In order to avoid fraud, the courier may reserve the right to check an identity document, which proves the coincidence of data between the order information and the credit card holder. Please note that, in order to ensure more efficient delivery of the goods, MP Dynasty Exhaust Srl will inform the courier of the telephone number provided by the customer during registration or at the time of ordering, which will be used in compliance with the privacy regulations set out in Legislative Decree no. 196/2003 and EU Regulation 2016/679. Before making the delivery, the courier may contact the recipient of the goods by telephone at the aforementioned telephone number in order to agree on the day and approximate time of delivery. If the addressee does not reply, he will be contacted by telephone on the next working day and, if the addressee is not available on this occasion too, a final attempt will be made on the next working day. The courier will therefore make a maximum of three calls, one per day, on three consecutive working days. If the courier is unable to contact the recipient of the goods after the three call attempts, the recipient shall be required to pay the sum of €15.00, including VAT, to release the goods. Similarly, the consignee of the goods shall be required to pay the sum of EUR 15.00, including VAT, if the goods are left unaccounted for due to the absence of the consignee or the person responsible for collecting them, despite prior agreement with the courier for delivery. The above sum of 15.00 euros shall also be charged to the customer if the latter fails to release the goods within 15 days of the start of the storage period. The courier will make only one delivery attempt. DELIVERIES ON THE FLOOR ARE NOT MADE. The customer, upon receipt/pick-up of the goods, is required to verify the integrity of the same and the compliance with the order made in the presence of the delivery agent.
 
If the packaging of the shipment is seriously damaged, the customer MUST REFUSE the package and note this damage on the consignment note/document of transport with the words “REJECTED FOR SEVERE DAMAGE TO THE PRODUCT”, taking a photograph of the damage with the courier’s identification card or driving licence beside it, and promptly send the proof material to amministrazione@mpexhaust.it.
 
If the packaging of the shipment is deformed from its presumed and/or obvious primary form, but without the exposure and damage of the product and/or without the presence of any type of visually ascertained damage that actually affects the integrity of the packaging (e.g. consistent cuts, breaks, tears, etc.) the customer MUST ACCEPT the package, note such damage on the waybill/transport document and may sign the delivery receipt also with the wording “WE ACCEPT WITH RESERVE OF CHECK”. In the event that one or more products are damaged, the consumer, ONLY AND EXCLUSIVELY if he/she has previously noted the damage on the consignment note/transport document, or has ACCEPTED WITH RESERVE OF CHECK, within 3 (three) working days from delivery must inform MP Dynasty Exhaust Srl by e-mail at amministrazione@mpexhaust.it, also providing documentation, EVEN photographic, relating to the damage, the proof of which is the responsibility of the consumer. MP Dynasty Exhaust Srl, after receiving the request for return, will contact the customer to organise collection at no additional cost, which must take place within 15 days of the contact, otherwise the right to replacement or refund will be lost. Once the existence of the damage has been verified, MP Dynasty Exhaust Srl, at its own expense, within and no later than 30 days from the date of delivery or notification, shall replace the damaged products or, if this is not possible, reimburse the customer for the amount of the damage. In the event that the customer contacts Customer Service after the third working day, MP Dynasty Exhaust Srl may decide to open a file in order to replace the damaged goods.
 

If the package is intact, the consumer MUST ACCEPT it and the sale will be considered concluded.

Art. 6 – Right of Withdrawal

 
The customer may exercise the right of withdrawal within and no later than 14 working days from the date of receipt of the goods. This right must be exercised by sending a registered letter with notification of receipt to the registered office of MP Dynasty Exhaust Srl, Via Gramsci, 15 – 26029 Soncino (CR). The communication can also be anticipated, within the same term, by email to amministrazione@mpexhaust.it , on condition that it is confirmed by registered letter with acknowledgement of receipt within the following forty-eight (48) hours. The goods must be returned to the address Via Gramsci 15, 26029 Soncino (CR) intact, in unaltered condition and complete with the original packaging, at the expense of the customer within and no later than 15 days from notification of withdrawal. MP Dynasty Exhaust Srl will refund the sums paid within a maximum of 30 days from the date of receipt of the registered letter and in any case not before having received the goods and checked the condition of the goods subject to withdrawal. The costs and risks associated with the return of the products shall be borne by the customer. It should be noted that the Community legislation provides that the right of withdrawal is exercisable only by natural persons (consumers) acting for purposes that can be considered unrelated to his business. The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons acting for purposes related to a commercial activity.
 
The right of withdrawal does NOT apply to the supply of goods made to measure or clearly customised or products already assembled or used.
 
Art. 7 – Limitation of responsibility
 
MP Dynasty Exhaust Srl assumes no responsibility for any damage resulting from improper use of the product purchased from the site www.mpexhaust.it. MP Dynasty Exhaust Srl reserves the right to continuously update the site www.mpexhaust.it at any time. The information may contain inaccuracies of any kind or typing errors. MP Dynasty Exhaust Srl does not guarantee that the services provided by www.mpexhaust.it will be provided without interruption, this will be stated in advance except for causes beyond our control. MP Dynasty Exhaust Srl disclaims any liability to the purchaser or any third party for any direct or indirect damage (including, but not limited to, loss of profits, revenue, business opportunities) arising out of or in connection with a product or service provided by MP Dynasty Exhaust Srl, or from the use or inability to use the same. MP Dynasty Exhaust Srl does not assume any responsibility for inefficiencies attributable to unforeseeable circumstances or force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time. MP Dynasty Exhaust Srl shall not be responsible for damages, losses and costs incurred as a result of the non-execution of the contract due to the above-mentioned causes, the consumer having the right only to a refund of the price paid. With the exception of cases of wilful misconduct or gross negligence, the right to compensation from MP Dynasty Exhaust Srl shall not exceed the price of the products purchased by the consumer and for which the dispute arose.
 
Art. 8 – Responsibilities of the user/consumer
 
The user is obliged to ensure that the data entered is true, complete and up-to-date and to promptly communicate any changes to the same. In the event that false declarations are made, MP Dynasty Exhaust Srl reserves the right to exclude these subjects from its user lists, after a formal and unaccepted invitation to self-correction.
 
Art. 9 – Copyright and Trade Mark
 
The brands Shark®, Hurric® and Falcon® are registered trademarks of Fechter Drive Motorsport GMBH. It is also declared that all the contents of the site www.mpexhaust.it, such as texts, files, tables, information present within the pages of the site, graphic elements, HTML, logos, buttons, icons, images, graphics, audio-video tracks, the compilation (meaning the collection, arrangement and assembly), all the software, source codes, application projects, formulas, algorithms, databases, etc., used on the site are to be considered the exclusive property of MP Dynasty Exhaust Srl or its content and product suppliers. If an infringement of material subject to copyright is detected, the user is obliged to communicate it to the Staff of MP Dynasty Exhaust Srl (by e-mail at amministrazione@mpexhaust.it), who will immediately investigate and, once the situation has been ascertained, remove said content. The user may not modify, duplicate, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell information, software, products or services obtained from this website even in the absence of profit-making purposes. Any authorisation to use the contents of the site www.mpexhaust.it must be requested in writing and is considered accepted only with the precise consent of MP Dynasty Exhaust Srl, also in writing. Silence does not give rise to any authorisation.
 
Art. 10 – Privacy
 
Information regarding privacy and data processing is contained in the appropriate Privacy link on the site.

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Phone: +39 0374 84292

Address: Via Antonio Gramsci, 15
26029 Soncino CR

Mail: contatti@mpexhaust.it

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