TERMS AND CONDITIONS

General Terms and Conditions

The following general conditions govern the offer and sale of products on this website www.acerbis.com.

The products purchased on this website are sold directly by Acerbis Italia Spa p.iva 00862020161, a company subject to the coordination and direction of Yellow Holding s.r.l., with registered office in 241121- Albino (BG) at Via Serio n. 37 Camera di Commercio BG registration number 15176 (hereinafter also referred to as "Acerbis").

Acerbis can be contacted by means of a communication to be sent to the following address mail:ecom@acerbis.it , for any requirement concerning the offer and sale of products on this web site.

For any other legal information related to the sale of products, the sections Privacy policy, Warranty, Right of withdrawal can be consulted.



Scope of application

These terms and conditions of sale apply to the remote offer and sale of products and services and, for those who have made the purchase on Acerbis’ website for purposes which are unrelated to any entrepreneurial, commercial, handicraft or professional activity, the relationship is governed by the Legislative Decree no. 206 of September 6, 2005 (Consumer Code).

Acerbis reserves the right to modify these general conditions at any time, also in consideration of possible regulatory changes.

The amendments shall be effective from the date of their publication on the website (www.acerbis.com)

The general conditions applicable to the purchase made on the site shall be those in force on the date the purchase order is sent.

The customer, by sending the purchase order, unconditionally accepts and undertakes to observe in his relations with Acerbis the present general conditions, declaring that he has read and accepted them.

If the customer does not agree with any of the terms contained in these general conditions, he/she is invited not to send the purchase order.

Acerbis reserves the right to refuse or cancel, in whole or in part, orders received (i) from a user with whom a legal dispute is pending; (ii) from a user who has previously violated these general conditions; (iii) from a user who has been involved in fraud of any kind; (iv) from users who do not give sufficient guarantees of solvency.



Website purchases

The presentation of products on the site and the prices presented are not intended as proposals for the conclusion of a contract, but as a mere invitation to make a contractual proposal to purchase and not an offer to the public

The possibility of purchasing through the use of this site is reserved exclusively for persons over 18 years of age. It is therefore strictly forbidden to enter incorrect data concerning the purchaser's age, it being understood that Acerbis shall not be subject to any liability since the purchaser is solely responsible for the correct entry of his data. It is also forbidden to enter false and/or invented and/or fictitious names in the on-line order procedure and in the further communications it being understood that, in this case, Acerbis shall not be subject to any liability deriving from the possible issuance of wrong fiscal documents due to mistakes in the data provided by the customers, being the customers the only responsible for the correct entry. The user therefore agrees to hold Acerbis harmless from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the user's violation of the rules on the registration to the site and/or on the preservation of the registration credentials

Purchases on the site are mainly intended for final consumers, therefore, Acerbis reserves the right not to process orders coming from subjects such as traders, wholesalers, resellers, professionals, etc. who intend to resell to third parties the relevant products and which do not comply with their own commercial policy



Purchase procedure

Only registered users are permitted to purchase products via this site. Registration on the site is free of charge. To register on the site, the user must fill in the registration form, which can be reached by clicking on the icon in the top right-hand corner of the site's home page or by logging in using the icon on the home page, via their Google or Facebook account.

The registration credentials must be used exclusively by the user and may not be passed on to third parties. In the event of suspected unintended use by third parties, the user is requested to notify Acerbis.

The customer may only purchase the products offered on the site, at the price indicated therein, following the procedure indicated on the site itself and accompanying the different stages of the purchase.

Once the order has been placed and the confirmation of the authorization to pay the total amount due has been received, the contract is concluded when Acerbis confirms in writing to the customer the acceptance of the purchase order or the successful shipment of the products (with an e-mail confirming the order or the shipment). After acceptance of the order, the customer is bound to the contract and may no longer make any unilateral changes. Should Acerbis decide not to accept the order and payment has already been made, the customer will be refunded without having any claim against Acerbis.



Prices and Invoicing

All product prices are quoted in Euros (€) and are inclusive of Value Added Tax ("VAT"). Any additional cost, quantified in Euro (€) and inclusive of VAT, shall be expressly and separately indicated, so that before the user proceeds to submit the order it is clear and evident the all-inclusive amount to be paid, thus including the total price of the goods, services, taxes, and, if applicable, all additional charges.

The applicable price is the price indicated at the time of confirmation of the purchase order. The price of the products may be changed by Acerbis at any time, without notice, it being understood that any change (upward or downward) in price after the transmission of the order shall not be taken into account.

Products at discounted prices may be offered for sale on the site. In this case the full price and the actual discounted price of the product will be indicated and crossed out.

For each purchase made Acerbis will issue the relative invoice which will be sent via the Data Interchange System (SDI) to the customer's tax folder delivered as a courtesy copy by e-mail from the address: amministrazione.acerbis@acerbis.it

The invoice will be issued based on the information provided by the customer. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.



Products

For each of the products, an image of the product is available on the site as well as a brief technical description of the product's main characteristics. It is understood that the image accompanying the product on the site, may differ in colour, size, accessory products in the picture, as it has a purely illustrative function.

If several users purchase the same product at the same time, it may happen that the product ordered is no longer available following the transmission of the purchase order. In this case the user will be promptly informed by e-mail and Acerbis will refund any amount paid using the same means of payment used by the user for the purchase.

In the case of orders having as object a plurality of products, in case the unavailability concerns only some of the products object of the order, Acerbis shall immediately inform the user by e-mail and the order shall be considered valid only for the products still available with refund of the amounts received by Acerbis relating to the unavailable products. The customer may in any case cancel the entire order in case of proven complementarity of the unavailable products in relation to the available ones.



Delivery

The deliveries of the purchased products are made only in Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Rep. of Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary, Italy by the courier appointed by Acerbis to the shipping address indicated by the customer.

Once the parcel is ready for shipment Acerbis will send an e-mail to the customer with the transport document relating to the order attached, from the e-mail address amministrazione.acerbis@acerbis.it.

The delivery terms of the products will be specified in the order confirmation e-mail and vary indicatively from 3 to 5 working days from the date of confirmation, except for the periods when the logistics warehouses are closed on national holidays. In any event, delivery shall be made within a maximum time of 30 (thirty) days from the day following order acceptance date.

If delivery to the address indicated by the customer has been selected, the courier shall make a first delivery attempt or, if the customer is absent, shall make a second delivery attempt on the next working day. If the addressee is absent during the first delivery attempt, the courier may activate the NOT@HOME procedure and deliver the goods to the nearest fermopoint www.fermopoint.it (a choice of 3 pick-up points within a radius of 1-3 km from the delivery address). If the addressee is absent during the second attempt, the parcel will be stored at one of the courier's locations and the customer will be notified by e-mail.

It is up to the customer to verify the conditions of the product delivered to him/her by checking the integrity of the packages and the quantitative and qualitative correspondence with what was ordered.

In the event that the package shows obvious signs of tampering or alteration, it is recommended that the customer promptly notify by e-mail at ecom@acerbis.it.



Methods of Payment

Payment for the purchased products may be made by credit card or prepaid card. Once “Confirm Order and Pay" is selected, customer will be automatically connected to the NEXI website which will manage the transaction on behalf of Acerbis.

At no time during the purchase process is Acerbis able to know the customer's credit card information, which is transmitted directly to the site handling the transaction. No computer file of Acerbis will retain such data. Under no circumstances, therefore, can Acerbis be held liable for any fraudulent and undue use of credit cards by third parties, upon payment of products purchased on the site.



Customer Service

It is possible to ask for information, send communications, request assistance, by contacting the customer service in the following ways
- by mail, writing to "ECOMMERCE ACERBIS", address: Acerbis Italia Spa Via Serio 37, 24121-Albino (BG)
- by e-mail, to the address ecom@acerbis.it
- on the website in the Contact Us section

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