Terms of service

Terms and Conditions of Service POV Mounts

 

1. Premises
1.1 These general terms and conditions of service (the "General Conditions") govern the sale of products such as motorcycle/cycle accessories, urban mobility vehicles, personal accessories (the "Products") through the website www.povmounts.com (the "Site") by:

QUADROEMME SRL
P. IVA IT006261170879
Contacts: email info@povmounts.com
("POV Mounts" or the "Seller")

All contractual relationships between the Seller and any party making purchases through the Site who qualifies as a "consumer" (the "Customer") pursuant to art. 3, paragraph 1, letter a), Legislative Decree 206/2005 and subsequent amendments ("Consumer Code") are governed by these General Conditions, in the most recent version published on the Site at the time of transmission of the order by the Customer, which form an integral and substantial part of every proposal, order, and confirmation of purchase orders of the Products.
1.2 These General Conditions apply to all purchases made through the Site and can be viewed and saved on your device in a readable format (e.g., pdf).
1.3 The Seller reserves the right to modify these General Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply solely to sales concluded from that date onwards. Customers are encouraged to print a copy of these General Conditions for future reference.

2. Order Process and Conclusion of the Contract
2.1 The presentation of the Products on the Site does not constitute a binding offer by the Seller but a mere invitation to consumers to conclude a sales contract for goods (the "Contract").
2.2 The purchase order submitted by the Customer to the Seller through the Site constitutes a contractual proposal. The Contract shall be deemed concluded upon acceptance, even if only partial, of the order by the Seller in the manner described in the subsequent art. 5.4. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchasing procedure, and to fully, unconditionally, and without any reservation accept the General Conditions and payment terms set forth below.
2.3 These General Sales Conditions, as published on the Site and accepted by the Customer at the time of purchase and/or registration on the Site, exclusively and specifically regulate each purchase made through the Site between the Seller and the Customer, regardless of their nationality.
2.4 Once the online purchase procedure is completed, the Customer shall print or save an electronic copy of these General Sales Conditions, in compliance with the provisions of Articles 49 et seq. of the Consumer Code on distance sales.

4. Use of the Site
4.1 During the use of the Site, the Customer is expressly prohibited from: (i) interfering or attempting to interfere with the proper functioning of the Site itself, such as - by way of example only - modifying and/or limiting access to the Site or to other accounts, computers, or networks connected to the Site, using viruses, and/or, in general, any additional software integrated into the browser or, in general, into the device used by the Customer to connect to the Site; (ii) executing email lists and any other form of auto-responder, or "spam" to the addresses indicated on the Site, or activating scripts, robots, and, in general, any automatic or manual method to illegitimately access the Site, perform "scraping" and/or "crawling", and/or in general acquire, copy, transmit, mirror any and all content on the Site, or, in general, use other processes harmful to the operation of the Site; and (iii) decrypting, decompiling, disassembling, decoding or otherwise attempting to extract secret and/or confidential codes and/or algorithms relating to the Site.
4.2 The Site and all its content, including, by way of example only, texts, lists, guides, photographs, illustrations, manuals, images, video and audio clips, and advertising texts, as well as trademarks, logos, domain names, companies, and any other material that may be subject to proprietary rights (including source codes) and/or any other intellectual property (hereinafter, collectively, "Material"), are owned by POV Mounts or other third parties of which POV Mounts is a licensee, and are protected against unauthorized use, copying, and dissemination by national laws on copyright, trademarks, advertising, and other laws and international treaties on intellectual property.
4.3 Nothing in these General Conditions and/or on the Site shall be construed as an implicit grant, by acquiescence or otherwise, of a license or the right to use any Material in any way without the prior written consent of POV Mounts or the third party that owns the Material or intellectual property published on the Site.

4.4 Unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, assignment, distribution, or duplication, or any other abusive use of the Material is prohibited.

5. Conclusion of the Contract
5.1 Once the Products the Customer intends to purchase have been identified, the Customer may add them to the cart using a specific button on the Website (the "Cart"). When the Customer places an online order for the Products added to the Cart, they agree to purchase them at the price indicated in the information material provided in the relevant section of the Website and under the terms contained in these General Terms and Conditions in force at the time of placing the order.
5.2 The conclusion of the Contract regarding the Products selected by the Customer is confirmed by the Seller through an email message (the "Confirmation Message"). The Confirmation Message will include, among other things, in addition to a copy of the General Terms and Conditions in force at the time of purchase, all the data entered by the Customer, so that the Customer can verify their correctness and, if necessary, promptly notify the Seller of any corrections to be made.
5.3 The Customer may only purchase the Products listed in the electronic catalog of the Website at the time of submitting the order, as described in their respective information sheets.
5.4 It may happen that, due to a computer, technical, system error, or any other reason, Products that are no longer available for purchase are displayed. In this case, the system will not allow the purchase to be completed. If the Customer has nevertheless managed to complete the purchase, it will be the Seller's responsibility to promptly inform the Customer by email, and the Contract shall not be deemed concluded. If payment has already been made, the Seller will refund the cost of the purchased Product within 5 (five) days from the date of receipt of payment.

6. Price and Shipping Costs
6.1 The selling price of the Products includes standard packaging costs, VAT if applicable, and any indirect taxes (if applicable).
6.2 If during the procedure for selecting Products on the Website as per the previous art. 5.1, the Customer notices that the price of one or more of the Products they intend to select for subsequent purchase is significantly different from that indicated in the description of the selected products, net of any discounts and/or promotions then in force, they are kindly requested not to complete their purchase order and to report such technical error to the Seller by sending an email to the email address specified in art. 1.1.
6.3 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reported in the Confirmation Message is net of any customs duties and taxes and any other locally applied sales tax, which the Customer undertakes to pay directly, if due, in addition to the price indicated in the Confirmation Message, in accordance with the legal provisions of the country where the Products are to be delivered. The Customer is advised to inquire with the competent authorities of their country of residence or destination of the Products to obtain information on any duties, customs duties, or taxes applied in their country of residence or destination of the Products.
6.4 Any additional costs, charges, taxes, and/or taxes that a given country may apply to the Products subject to the Contract and ordered based on these General Terms and Conditions shall also be borne exclusively by the Customer.
6.5 Failure to know the costs, charges, duties, taxes, and/or taxes referred to in the preceding arts. 6.3 and 6.4, at the time of sending an order to the Seller, cannot constitute a reason for terminating the Contract, and the Customer cannot in any way charge the Seller for such charges.
6.6 Unless expressly provided otherwise at the time of placing the Order, the shipping costs of the Products are not included in the purchase price indicated on the individual Product and are calculated and displayed at the time of the conclusion of the purchase process before the conclusion of the Contract and payment.
6.7 The Seller has the right to change the prices of the Products at any time; in any case, the Products purchased will be charged to the Customer based on the prices indicated on the Website at the time of the conclusion of the Contract and reported in the Confirmation Message.

7. Payment Methods
7.1 The Customer can make payment for the Products using: debit/credit card and/or digital payment applications PayPal, PagOnline Imprese: the charge to the chosen payment instrument occurs simultaneously with the submission of the order. In order to ensure the security of the transaction, the Seller reserves the right to request additional information from the Customer or the submission of copies of documents proving the ownership of the subject who made the payment. At no time during the purchase process does the Seller come into possession of or is able to know the information regarding the Customer's payment card, transmitted via a secure connection directly from the provider of the payment gateway service that handles the transaction.
7.2 In case of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by the Seller, cancellation of the transaction will be requested simultaneously by the Seller. Cancellation times, for certain types of cards, depend exclusively on the banking system. Once the transaction is canceled, under no circumstances can the Seller be held liable for any damages, direct or indirect, caused by delays in the non-refund of the amount by the banking system.
7.3 The Seller reserves the right to request additional information from the Customer (e.g., landline telephone number) or the submission of copies of documents proving the ownership of the card used. In the absence of the requested documentation, the Seller reserves the right not to accept the order.
7.4 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 the operator who handles payments on behalf of the Seller. The transmitted data will be sent securely, using encrypted data transfer with SSL (SecureSocketLayer) or TLS (Transport Layer Security) system.
7.5 At no time during the purchase process is the Seller able to store information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No Seller's computer archive will retain such data. In no case can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, at the time of payment for the purchased products.
7.6 If provided for by applicable law, the Seller issues an accompanying tax receipt for the Products. For the issuance of the tax document, the information provided by the Customer at the time of purchase shall prevail. After the issuance of the tax document, it will not be possible to make changes.

8. Shipping and Delivery of Products
8.1 The shipping costs of the Products are borne by the Customer, as communicated by the Seller before the completion of the purchase.
8.2 The estimated timing for order processing and delivery of the Products is indicated on the Website/in the Confirmation Message. The Seller can only accept orders for delivery to countries indicated at the time of purchase.
8.3 The Seller reserves the right not to accept orders for delivery to locations not provided for among the options offered by the Site. In any case, delivery to post office boxes or post office boxes is excluded.
8.4 The purchased Products will be shipped by courier (the "Carrier") and delivered on working days (therefore excluding Saturday, Sunday, and local and national holidays), within the term communicated/indicated by the Seller (unless there is a force majeure event or an unforeseeable circumstance), and, in any case, no later than thirty days from the date of conclusion of the Contract. If delivery does not take place within the indicated period, the Customer may contact the Seller, at the contacts indicated in the previous art. 1.
8.5 For the purpose of delivering the Products, the Customer must provide all the necessary information when registering on the Site and completing the profile, including the shipping address and telephone number of the person to whom it should be delivered, if different from the person placing the order. Delivery will only be made to the recipient indicated by the Customer at the time of purchase, which will be stated on the waybill. The Customer expressly agrees that the Carrier may reserve the right to request suitable identification documents at the time of delivery.
8.6 At the time of delivery of the Products by the Carrier, the Customer is required to check that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials.
8.7 Any damage to the packaging of the Products or discrepancies in the number of packages or any discrepancies from the recipient's references must be immediately reported to the Seller, providing evidence of the presence of defects through appropriate photographic documentation.
8.8 The Customer's right to make claims regarding any defects in the Products received remains valid, under the conditions established in the subsequent art. 10.
8.9 The risk of loss or damage to the purchased Products will be transferred to the Customer only at the moment when the Customer has acquired physical possession of them and has not promptly reported the defects referred to in art. 8.5 above in accordance with the methods set out in the following art. 10.
8.10 The Customer will acquire ownership of the purchased Products following the full payment of the amount due for the purchase of the Products themselves, including any shipping costs.
8.11 In the event of non-delivery due to the absence of the recipient, the Carrier will provide the Customer with instructions.

9. Right of withdrawal
9.1 Pursuant to Articles 52 et seq. of the Consumer Code, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 (fourteen) days from the delivery date, understood as the date on which the Customer, or the person appointed by him, acquires physical possession of the Product, by sending a written communication to the Seller at the contacts indicated in the previous art. 1, before the deadline for withdrawal, also possibly using the standard withdrawal form.
9.2 Following the exercise of the right of withdrawal in the manner provided for in art. 9.1, the Customer is required to return the Products to the Seller for which the Customer has exercised the right of withdrawal within 14 (fourteen) days from the date of communication of the withdrawal to the Seller. The Customer has the right to exercise the right of withdrawal with regard to the Product purchased in its entirety, therefore it is not possible to exercise the right of withdrawal only on a part and/or component of the purchased Product.
9.3 The Products for which the Customer has exercised the right of withdrawal will be returned by the Customer free of charge, by the courier appointed by the Seller for collection, complete with everything originally delivered to the Customer, and packed in the original packaging. A copy of the Confirmation Message sent by the Seller must be included inside the packaging.
9.4 The Seller will proceed to refund the amount paid by the Customer, including shipping costs, by crediting the payment method used by the Customer at the time of purchase, without undue delay and in any case within 14 (fourteen) days from the receipt of the purchased goods.
9.5 Upon their arrival at the warehouse, the Products for which the Customer has exercised the right of withdrawal will be examined to assess any damage or tampering not resulting from transport. The Customer will be responsible for the decrease in the value of the Products resulting from handling them in a way other than that necessary to establish the nature, characteristics, and functioning of the Products themselves, and, in this regard, the Seller reserves the right to withhold an amount deemed appropriate by it due to the decrease in value.
9.6 If the returned Products are damaged (for example with signs of wear, abrasion, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and unchanged tags attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and packaging, and warranty certificate, if any, the Customer will be responsible 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.

10. Legal warranty
10.1 All Products purchased by the Customer are covered by a 24 (twenty-four) month warranty, starting from the date of delivery, for conformity defects, pursuant to Articles 130 et seq. of the Consumer Code. The application of any warranty is excluded in case of use of the Product not in accordance with that proper to the Product itself and/or to the instructions/warnings in this regard provided by the Seller, or contained in the reference illustrative documentation.
10.2 If a Product purchased presents manufacturing defects or, in any case, a presumed non-conformity, the Customer is required to contact the Seller, at the contacts indicated in art. 1, by transmitting suitable photographic documentation relating to the defect or defect found.
10.3 The Customer has the right to request, free of charge, the repair or replacement of the Product that presents defects or non-conformities within the limits provided by law. Alternatively, where one of the above remedies is not available, the Customer may obtain a reduction in the price of the Products purchased (by partial refund by the Seller on the payment method used for the purchase), or terminate the Contract. If the Customer fails to notify the Seller of the non-conformity within 2 (two) months from the date on which he becomes aware of it, the Customer will lose the rights provided for in this article, in accordance with the provisions of the Consumer Code.
10.4 Defective Products can be returned by courier, with shipment addressed to the Seller, at the contacts indicated in art. 1.
10.5 In the case of return by courier, the shipping costs for the return of the Products to be repaired or replaced in accordance with the provisions of this clause will be borne by the Seller, as well as the costs related to the delivery to the Customer of the repaired or replacement Product.
10.6 The Seller will, at no cost to the Customer, restore the conformity of the Product or replace it with a new one within 14 (fourteen) working days from the date of return. It is understood that in cases of unavailability of the Product, the Seller communicates the resolution of the Contract by providing for the consequent refund.
10.7 L’eventuale rimborso spettante a seguito di risoluzione del Contratto o riduzione del prezzo sarà effettuato sul medesimo mezzo di pagamento utilizzato dal Cliente al momento dell’acquisto.

11. Limitations of Seller's Liability
11.1 The Seller shall not be liable for any damages, of whatsoever nature, arising from the use of the Products in an improper manner and/or not in accordance with the instructions provided, or in violation of specific applicable rules and regulations. The Seller may be held liable solely for the breach of its own contractual obligations.
11.2 Without prejudice to the provisions of the preceding Art. 10, the Seller makes no representation and/or warranty, express or implied, regarding the fact that the Products offered are suitable to meet the Customer's needs.
11.3 Under no circumstances shall the Seller be held liable for:
11.3.1 errors in payment through the service offered by the third-party provider, occurring due to the Customer's failure to connect or interruption thereof;
11.3.2 any damages caused by the suspension or interruption of the operation of the payment service provider's website;
11.3.3 any damages arising from third-party cyberattacks on the payment service provider's website that alter the information displayed thereon.

12. Force Majeure
12.1 The Seller shall not be liable for any non-performance or delayed performance of any of its contractual obligations caused by events beyond its reasonable control (force majeure), within the limits set forth in Arts. 1463 and 1464 of the Italian Civil Code.
12.2 A force majeure event includes any action, event, omission or accident occurring beyond the reasonable control of the Seller; in particular, by way of example only, due to:
(i) strikes, lockouts or other industrial actions;
(ii) fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters;
(iii) inability to use railways, maritime transport, aircraft, motor transport or other means of public or private transportation;
(iv) acts, decrees, legislation, regulations or restrictions imposed by governmental authority;
(v) civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars or preparation for armed conflict.
12.3 The performance of obligations arising from the Sales Contract by the Seller shall be deemed suspended for the period during which the force majeure event persists; accordingly, the deadline for performance shall be extended by a period equal to the duration of such event. The Seller shall use all reasonable endeavours to fulfil its contractual obligations notwithstanding the force majeure event.

13. Customer Data and Privacy Protection
13.1 In order to proceed with registration, submission of the order and consequently the conclusion of the Contract on the basis of these General Terms and Conditions, certain personal data is requested from the Customer through the Website.
13.2 The Customer acknowledges that the personal data provided will be recorded and used by the Seller in compliance with Italian law and the General Data Protection Regulation (GDPR 679/2016), in order to execute each purchase made through the Website and, subject to the Customer's consent, for any further activities as indicated in the relevant privacy policy provided to the Customer through the Website at the time of registration.
13.3 The Customer declares and warrants that the data provided to the Seller during the registration and purchase process is accurate and truthful.
13.4 The Customer may at any time update and/or modify their personal data provided to the Seller through the dedicated section of the Website "Your Account", accessible upon authentication.
13.5 For any further information on the methods of processing the Customer's personal data, please refer to the Privacy Policy section.
13.6 With regard to credit card payment data, the Seller makes use of the services of third-party companies that adopt technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. Applicable Law and Jurisdiction
14.1 The sales contract between the Seller and the Customer and these General Terms and Conditions are governed by Italian law and in particular by the Consumer Code, without prejudice to any mandatory provisions applicable to Customers residing in countries other than Italy.
14.2 Any disputes arising from the interpretation, validity and/or performance of these General Terms and Conditions and/or individual sales contracts between the Seller and the Customer shall be subject to the mandatory territorial jurisdiction of the court competent for the place of residence or domicile of the Customer.