Online sales contract means the contract which has as its object the remote purchase of goods and products by a customer and the supplier Viky Italy s.r.l. S.R.L., based in SarnoArea P.I.P. locality Ingegno Lot 39  Sarno SA, and which is perfected using the internet technologies made available by the supplier on its website https://www.lem-motor.it. The commercial relationships between Viky Italy s.r.l. and customers are governed by the following general conditions of sale. These conditions can be changed by the supplier, but any changes will be effective only when they are published on the site http://www.lem-motor.com and will refer to sales made after their publication on the site.

What was published by Viky Italy s.r.l.  constitutes a sales proposal: acceptance of the sales proposal presented by Lem Motor s.r.l is carried out through the exact compilation of the order form and/or the consent to the purchase expressed through the online subscription. The receipt by Lem Motor srl of the acceptance of the sales proposal expressed by the customer will lead to the completion of the contract whose effectiveness is conditioned suspensively on the actual payment of the goods, which must take place within 3 days from the conclusion of the contract, excluding the payment by cash on delivery. In the event that the customer does not receive the above confirmation message within 24 hours of sending the order, the order will be considered not received and the contract will not be finalized. For all intents and purposes, therefore, the place of conclusion of the contract is the headquarters of Viky Italy s.r.l. .

All sales prices entered on the website www.lem-motor.com represent an offer to the public pursuant to art. 1336 c.c. and means VAT. included. Shipping costs in Italy vary depending on the vehicle purchased, prices can be modified by Lem Motor s.r.l. at any time without any notice.

The purchase of the material through the website www.lem-motor.com entails full acceptance of the indicated warranty conditions.

The quad cross pit bikes on sale on this site www.lem-motor.com can only be purchased by adult customers. They are not toys intended for children and therefore should not be considered as such. The purchaser is solely responsible for determining the appropriateness of an item for a particular age group. The customer, when placing an order on this site, declares to be of age and declares that the data sent (name, address and contact details) are correct and truthful.

The customer undertakes and obliges, once the online purchase procedure has been completed, to print and keep these general conditions of sale which, moreover, he will have already viewed and accepted as an obligatory step in the purchase , as well as the specifications of the product purchased, in order to satisfy the condition referred to in the articles. 3 and 4 of Legislative Decree 185/1999. The buyer is prohibited from entering false data, in whole or in part, in the registration procedure necessary to activate the process for the execution of the contract and the related further communications; the personal data and the e-mail must therefore be your real personal data and not those of third parties and/or fictitious.

The customer has the right to withdraw from the contract within 10 working days of receiving the goods (art. 5 of Legislative Decree 185/1999), returning the purchased goods to the supplier, who will refund the price of the goods returned. To exercise the right of withdrawal it is necessary to send a registered letter with acknowledgment of receipt to the following address: Viky Italy s.r.l.s Area P.I.P. locality Ingegno Lot 39  Sarno SA. The registered letter must be sent in advance via fax to the number 081.943777, and, signed by the buyer, must contain the declaration of intention to withdraw from the contract. The following documents must also be attached to the communication:

• original invoice;
• code of the item(s) of the returned product(s);
• bank details on which to obtain the transfer (CIN code – ABI – CAB Current account of the invoice holder – Supporting bank).

The right of withdrawal can be exercised only if the goods are perfectly intact in all their parts and unused and only after our staff have checked the goods themselves: therefore, the returned packages must not have been opened or removed from the packaging. or parts thereof, nor bear any signs of tampering. If Viky Italy S.R.L. should the returned items be damaged or tampered with, the amount paid for the purchase will not be refunded.

 

The right of withdrawal does not apply in the case of supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or expiring rapidly.

The personal data of the customer and the recipient, in the event that the latter is a person other than the customer, are collected solely for the purpose of registering the customer and activating the procedures for the execution of this contract and the related and necessary communications; such data are processed electronically in compliance with the laws in force and may only be exhibited upon request of the Judicial Authority or other Authorities authorized for this purpose by law. The customer enjoys the rights referred to in the art. 7 Legislative Decree 196/03, and therefore:

• The interested party has the right to obtain confirmation of the existence or otherwise of personal data concerning him, even if not yet registered, and their communication in an intelligible form.
• The interested party has the right to obtain the indication:
  • of the origin of the personal data
  • of the purposes and methods of processing
  • of the logic applied in case of processing carried out with the aid of electronic instruments
  • the identification details of the owner, managers and representative designated pursuant to article 5, paragraph 2
  • of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representatives in the territory of the State, managers or agents.
• The interested party has the right to obtain:
  • updating, rectification or, when interested, integration of data
  • deletion, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed
  • the certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means that are manifestly disproportionate to the protected right
• The interested party has the right to object, in whole or in part:
  • for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection
  • to the processing of personal data concerning him for the purposes of sending advertising material or direct sales or for carrying out market research or commercial communication

The data controller of personal data is Viky Italy s.r.l., P.I.P. Area. locality Ingegno Lot 39  Sarno SA.

 

Lem Motor s.r.l has the right to terminate the stipulated contract - within 3 days of its conclusion - by simply communicating this to the customer via e-mail, without the need to provide a particular justifying reason; in this case the customer will only have the right to a refund of any sum already paid. The obligations assumed by the customer pursuant to art. 6 (buyer's obligations), as well as the guarantee of successful completion of the payment that the customer makes with the means referred to in art. 3, are essential in nature, so that by express agreement, the customer's failure to fulfill just one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to Lem Motor's right to take legal action for compensation for any further damages.

This contract, drawn up in Italian, is subject to Italian jurisdiction. These general conditions, although not expressly provided for, refer to the provisions of the Italian civil code, to Legislative Decree 185/1999 and to Legislative Decree 70/2003.

Delivery is made within 24/48 hours (72 hours for Calabria and the Major Islands). To find the Bartolini branch closest to you, check the Bartolini Espresso website. For deliveries it is possible to choose the STANDARD STORAGE, i.e. the possibility of independently collecting the goods from the branch selected during the purchase phase. Delivery is made at street level. If the recipient is absent at the time of delivery, a notice will be left and the customer must personally contact the courier or forwarder as soon as possible to agree on the delivery methods; any costs for the temporary storage of the goods with the carrier will be borne by the customer. In any case, no responsibility can be attributed to the supplier for delayed or failed delivery attributable to force majeure or chance. How to behave upon delivery of the product In order to make our service increasingly efficient, please check the conditions of the packaging at the time of delivery. If the package is not perfectly intact, collect it with reserve, or clearly add the words "RECEIVED WITH RESERVE, damaged package" next to the signature on the delivery note. Any disputes must be raised immediately with the carrier, otherwise the product will be considered delivered correctly. The invoice or delivery note, located inside the package or in the appropriate pocket applied to the outside of the package, must be kept as a document. The goods travel at the risk of the recipient.

Cash on delivery means payment in cash to the courier upon delivery of the products. The courier only accepts exact sums, in cash corresponding to the order amount. Payments by postal orders or bank checks are not accepted. In the case of amounts exceeding €5000.00, the Courier contacts the Customer the day before to request the balance of the order by means of a Bank Draft to be sent in advance by fax to the Courier himself. The Bank Check must be made payable to the Courier and not to Lem Motor S.R.L. Lem Motor, in some cases, reserves the right to request an advance of the amount via advance bank transfer as a security.

An order is considered concluded when it is accepted by Lem Motor srl. If the customer refuses to pay for the order upon receipt of the goods on delivery, he will still be charged for the shipping, storage and return costs of the ordered goods. Lem Motor srl will therefore send a postal slip pre-filled with the amount due. In the event of non-payment by the customer within 10 days of receipt of the payment slip, Lem Motor srl reserves the right to take legal action to recover the amount due.

Paying by bank transfer, the goods will be shipped only after verifying that they have been credited to our current account.

For information and complaints relating to this online contract, contact Viky Italy s.r.l, P.I.P. Area. locality Ingegno Lot 39  Sarno SA e-mail:info@lem-motor.com
COPYRIGHT: as per the mandatory information on copyright pursuant to the 'art. 1, D.L. 72/2004, we inform you that this site www.lem-motor.com is copyright © Viky Italy srl which holds the intellectual property. In general, even partial reproduction of photos and material (especially if for profit) without reference to the site itself and its author, in the absence of written authorization from the rights holder, constitutes a prosecutable infringement as provided for by the law of 22 April 1941 n. 633 and subsequent amendments.
Lem Motor s.r.l reserves, at its sole discretion, the right not to proceed with the shipment of the goods, even after having accepted the order, to those customers who are out of credit, or with unpaid debts or, in litigation.