1.1. Unlead is a long-established company with registered office in Lainate (Mi) Italy, Via della Pace, 52, (VAT number IT07471240965) and operates in the production and distribution of clothing and in the production, distribution and sale of merchandising items, particularly in the field of motorsports. Unlead di Gabriele Giudici is sole licence holder for the distinctive signs of kart manufacturer Iame.
1.2. These general sales conditions regulate purchase agreements relating to any purchase made on the e-commerce site market.iamekarting.com (“the Site”), which is owned by Unlead.
1.3. Those involved in the purchase of products on the Site are Unlead di Gabriele Giudici (the “Seller”) and the purchaser (the “Consumer”). The Seller and the Consumer are collectively referred to as the “Parties”.
1.4. Any communication made by the Consumer connected and/or related to this contract (including any reports, complaints, requests concerning the purchase and/or the delivery of products, or exercise of the right to cancel, etc.) must be emailed to the Seller at [email protected].
1.5. Each purchase is subject to the general conditions of sale published on the Site when the contract is executed in accordance with section 3 herein.
1.6. The Site is dedicated to retail sale and as such is intended solely for consumer use.
The possibility of purchasing products on the Site is reserved exclusively to the “consumer”, i.e. an individual that acts for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity carried out. Those who are not “consumers” are requested not to order products through the Site. Should the purchaser not qualify as a Consumer, he/she shall not have the right to withdraw under section 10 of these general sales conditions, nor the legal guarantee of conformity provided for under section 8 and, in any case, the regulations of the Consumer Code shall not apply.
1.7. When sending a purchase order, the Consumer accepts that all information concerning the order made and the general sales conditions in this contract are sent to the e-mail address they gave when they registered with the Site, or rather, during the purchase process. The Seller reserves the right not to execute orders from individuals other than the “Consumer” or those that do not conform to its commercial policy.
1.8. In order to make this contract valid, the Consumer declares that they are of legal age (18 years old) and have the legal capacity to act.
1.9. Any internet costs, including telephone charges, are to be paid for solely by the Consumer, in line with the tariffs applied by the Consumer’s chosen operator.
2. PRODUCT CHARACTERISTICS AND AVAILABILITY IN VARIOUS GEOGRAPHICAL AREAS
2.1. The characteristics of products sold by the Seller are those described on the Site at the time the Consumer sends the order and in accordance with the general sales conditions published on the Site at the time the order is sent, all other conditions and terms excluded.
2.2. The Seller reserves the right to make changes to these general sales conditions at any time, at their own discretion and in accordance with current legislation. Products are provided under the general sales conditions indicated on the Site at the time that the order is sent and until stocks sell out. Any changes made to the general sales conditions shall take effect from the date they are published on the Site and shall apply only to contracts signed after the date of publication.
2.3. Prices and items for sale on the Site may vary without notice. Before sending a purchase order, in accordance with section 3, the Consumer is therefore asked to check the final sale price.
2.4. The Seller reserves the right to make changes to items on the Site or change their characteristics at any time and without prior notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any item on the Site without the obligation of making such changes to goods that have already been sold.
2.6. Users from all over the world can access this Site and it may make reference to items that are unavailable or cannot be purchased in a particular visitor’s country.
2.7. Products on the Site that are intended for sale are reserved exclusively for sale in those countries listed on the Site at the time the order is sent.
3. FINALISING THE CONTRACT
3.1. The presentation of products on the Site (which is not binding for the Seller) is nothing more than an invite to place an order and not an offer to the public.
3.2. The purchase order that the Consumer sends to the Seller via the Site is a contractual proposal and is subject to these general sales conditions, which are an integral part of the order. By sending the order to the Seller, the Consumer wholly accepts the general conditions of sale with no reservation. Before sending a purchase order and purchasing products, the Consumer will be asked to carefully read these general sales conditions (as well as the information on the right to cancel) then to print out a copy and to save a copy for their own use. The Consumer will also be asked to identify and correct any errors made when their data was added.
3.3. To confirm that the Consumer’s purchase order has been accepted by the Seller, a confirmation order shall be emailed to the email address that the Consumer gave the Seller at the time they registered with the Site, or at the time the order was sent if the Consumer has not registered. This confirmation email will include a link to these general sales conditions, a summary of the order made, and a description of the product ordered. The Consumer’s order, the Seller’s confirmation of the order, and the general sales conditions that apply to the Parties shall be stored electronically by the Seller in their IT systems. The Consumer may ask for a copy by emailing the Seller at [email protected]
3.4. The contract is finalised when the Consumer receives an order confirmation from the Seller via email.
4. SELECTING PRODUCTS AND MAKING A PURCHASE
4.1. Products presented on the Site can be purchased on the Site; the Consumer selects the products they are interested in and adds them to their shopping basket. In order to purchase the products in their shopping basket, the Consumer will be asked to provide their details as a “guest”, to register with the Site, or to log in if they have already registered in the past and previously given their details.
4.2. To make the purchase possible, the Consumer will be required to double-check their details (such as name, surname etc.) and double-check the delivery and billing addresses and the phone number where they can be contacted if necessary in relation to the purchase; the Consumer should ensure that these details are correct if they are different to the details provided when they registered.
4.3. After this, the Consumer shall see a summary of their order and shall be able to change the content of this if necessary. The Consumer must then read and agree to the general conditions of sale, including particular individual clauses that must be specifically approved of by ticking the check-box on the Site. Finally, the Consumer shall be asked to confirm the order by clicking “confirm order” and this shall then be sent to the Seller, resulting in the effects described in paragraph 3 of this contract.
4.4. The Consumer will be asked if they wish to pay by credit card, PayPal or, for goods sent to Italy, by payment on delivery. If the Consumer chooses to pay by credit card or PayPal, all relevant details shall be provided via secure server. For accounting and admin purposes, the Seller reserves the right to check the personal details provided by the Consumer. If payment is made via credit card, the total amount for the purchase will be charged at the time the Seller receives the order.
5. DELIVERY AND ACCEPTANCE OF GOODS
5.1. The Site generally indicates if each product is in stock and how long it will take to deliver; however, this information is purely indicative and is deemed to be non-binding for the Seller.
5.2. The Seller agrees to do all they can to respect the delivery times on the Site and, in any case, to deliver goods no later than 30 (thirty) days from the date the order confirmation is sent to the Consumer. This does not include goods that are not in stock and have been ordered in advance by the Consumer; in this case, goods will be delivered within 30 (thirty) days starting from the moment the items are in stock. In this situation, the Consumer shall have the right to cancel up until the moment they receive notification from the Seller that the goods they have ordered are in stock.
5.3. It is not always possible to guarantee that products on the Site will be available; therefore if the Consumer orders a product that is not available, they shall be promptly notified by the Seller and any payment already made shall be immediately refunded.
5.4. The Seller shall send products using the delivery methods indicated on the Site and the Consumer has a maximum of 14 (fourteen) days from the date they receive the products to check that they have received the correct delivery and that all items purchased have been included (and that there are no additional items) and to report any defects in the order to the Seller by emailing [email protected] as specified in section 11 of this contract. Should the parcel or the packaging be damaged when it reaches the Consumer, the Consumer is requested to refuse the delivery from the courier or accept the delivery “conditionally”.
5.5. After the fourteen-day period referred to in section 5.4., all products delivered are considered to have been accepted by the Consumer.
6. PRICES, DELIVERY CHARGES, AND TAXES
6.1. The price of a product is the price indicated on the Site at the time the Consumer sends the order. Prices on the Site include VAT and packaging; they do not include delivery charges, which are calculated before the Consumer confirms the purchase and which the Consumer agrees to pay the Seller in addition to the price indicated on the Site. Prices do not include any taxes or any excise duty that must be paid in accordance with the regulations of each individual country where goods are delivered.
6.2. When an order is created, delivery charges for that specific country shall be shown on the Site and the Consumer agrees to pay these in addition to the price of the products ordered.
6.3. The Consumer must pay the Seller the total price as shown on the order and as confirmed in the order confirmation sent by email from the Seller to the Consumer.
6.4. If products are to be delivered to a country that is not in the European Union, the total price indicated on the order and on the order confirmation (including VAT and packaging) excludes any customs taxes and any other sales taxes; the Consumer agrees to pay these, where required, in addition to the price indicated on the order and on the order confirmation, in accordance with the legislation of the country where the products are to be delivered. The Consumer should contact the relevant authorities in their country of residence or in the country where the products are to be sent to find out if any excise duties or taxes apply in their country of residence or in the country where the products are to be sent.
6.5. The Consumer must pay for any additional costs, excise and/or taxes that apply to a particular country for products ordered as part of this contract.
6.6. The Consumer agrees that this contract cannot be terminated if they are unaware of the costs, excise duty and/or taxes referred to in sections 6.4 and 6.5 when they send an order to the Seller He/she also agrees that these costs cannot be charged to the Seller and that he/she cannot refuse to accept a delivery once the Product has reached Customs.
7.1. Orders made on the Site can be paid for by credit card, PayPal or, for deliveries in Italy, payment on delivery in accordance with the terms and conditions indicated below. The Seller may allow for other methods of payment and these shall be indicated in the payment section of the Site.
7.2. If payment is made by credit card, the Consumer will be transferred to a protected site and the credit card details will be communicated directly to SETEFI SPA the operator which takes care of the payments on behalf of the Seller. The details will be sent through a secure server using cryptographic transfer of details with a 128-bit SSL system (SecureSocketLayer). This information cannot be accessed even by the Seller.
7.3. The Seller shall promptly send the invoice/tax documentation for the purchase that has been made, and shall attach a paper version of this to the products that have been purchased.
8. SELLER’S LEGAL GUARANTEE OF CONFORMITY, REPORTING CONFORMITY DEFECTS AND WARRANTY INTERVENTION
8.1. In accordance with European directive 44/99/EC and Italian legislative decree n. 206/2005 (Consumer Code), the Seller ensures the Consumer that products shall be free from any defects and comply with the sales contract and with what is published on the Site for a period of 2 years from the date the Consumer receives the product.
8.2. To be considered valid, conformity defects must be reported to the Seller within 2 months from the date the defect was discovered. The defect is to be reported by emailing [email protected] and attaching the tax documentation and/or receipt of payment as proof that the product was purchased from the Seller. A suitable photo must also be provided illustrating the defect that has been reported.
8.3. The warranty shall not apply if the product has been used in a way not specified for that item or in a way that does not conform to the instructions/warnings provided by the Seller and/or the manufacturer of the product.
8.4. Once the Seller has received the report referred to in point 8.2, the Seller can ask the Consumer for additional photographs illustrating the reported defect, or may inform the Consumer how they can send back the product so that it can be examined by the Seller and the manufacturer.
8.5. The Seller will carry out quality controls by means of the manufacturer’s assistance service in order to check that the product is actually faulty. The Seller shall then provide the Consumer with feedback by emailing them at the address provided when the Consumer registered, or when the order was processed.
8.6. In the event that a product qualifies as defective, the Seller shall refund the Consumer the price of the product (including delivery charges paid for when the defective item was sent back) or, alternatively and at no additional charge to the Consumer, shall repair the product or replace it with a new one. If the product is replaced then the defective item that is returned shall be the property of the Seller.
8.7. The Seller shall refund the Consumer by means of a bank transfer or, if possible, using the same means of payment that the Consumer used when they purchased the product. The Consumer must email their bank details to the Seller so the Seller can transfer the money and refund what is owed. The email address for this is [email protected].
9. LIABILITY FOR DAMAGE CAUSED BY FAULTY PRODUCTS
9.1. If any damage is caused by faulty products, the regulations in European directive 85/374/EC and in Italian Legislative Decree n. 206/2005 (Consumer Code) shall apply. As a distributor of products through the Site, the Seller holds itself harmless from any responsibility, with no exceptions of any type, by indicating the name of the manufacturer of the product.
10. RIGHT TO CANCEL
10.1. The Consumer has the right to withdraw from this contract, without the risk of any forfeit, within 14 (fourteen) days from the date they receive the products they ordered; they can do so for whatever reason they choose and without the need to explain their decision. In this case, the Seller shall retain the shipping charges and/or any taxes and excise duties for exports and imports, with responsibility for these remaining exclusively that of the Consumer.
10.2 The Consumer has a 14-day period in which they have the right to cancel. This is to be done by using the form in the order details page. When the Seller has received the request, they shall email the Consumer the Returns Form and the Returns Code at the address provided as per section 4.
10.3. Within the following 14 days the Consumer must return the product to the Seller with the Returns Forms and the Returns Code they have been given. This should be sent to:
Unlead di Gabriele Giudici, via della Pace, 52, 20020 Lainate (MI) Italy.
10.4. It should be understood that the Consumer is responsible for risks and transport costs involved in returning the product to the Seller.
10.5. In order to correctly exercise your right to cancel, products must be whole when they are delivered or when they reach the Seller (without any sign of wear or abrasion, scratches, scuffs or alterations etc.). They should have all parts and accessories and should include all attached instructions/notes/manuals with the original box and packaging and, where present, the guarantee. Without this the Consumer shall have no right to a refund. To this end, it is recommended that the original packaging is covered with protective packaging, which will keep the box intact and protect it if it gets written on or if labels are applied during transportation.
10.6. The Seller shall accept the returned items and shall check that these have been sent back as indicated in the conditions set out in section 10.5.
10.7. If checks on returned items have a positive outcome and the right to cancel has been exercised in accordance with these conditions, the Seller shall refund the Consumer (at no extra cost) for the complete sum of money they originally spent when they purchased the item; this excludes transportation costs, taxes and excise duty. The money is to be refunded in the shortest time possible and at the very latest within 14 (fourteen) days from the date when the Consumer sent back the items to the Seller in accordance with these general sales conditions.
10.8. Money shall be refunded via bank transfer to the Consumer and the Consumer must fill out the appropriate part of the Returns Form with their bank details so that the Seller can transfer the money and therefore refund the sum owed to the Consumer. If payment was made with a credit card, the Seller shall refund the sum of money directly to the credit card that the Consumer used to pay for the product.
11. FURTHER CANCELLATIONS
11.1. If the Consumer establishes, as per section 5.4., that the item received does not correspond to the item they ordered, the Consumer has a fourteen-day period to report this to the Seller by sending an email with photographs of the item to [email protected].
11.2. Once the Seller has carried out the appropriate checks and established that the product sent does not correspond to the product ordered, the Seller shall ask the Consumer to send back the product within the following 14 (fourteen) days, along with a completed Returns Form ( the form in the order details page) and the Returns Code that the Seller has previously provided. This should then be sent or delivered to:
Unlead di Gabriele Giudici, via della Pace, 52, 20020 Lainate (MI) Italy.
11.3. The product should be whole when it is returned or reaches the Seller (i.e. without any sign of wear or abrasion, scratches, scuffs or alterations etc.). It should have all parts and accessories and include all attached instructions/notes/manuals with the original box and packaging and, where present, the guarantee; it should be in the same condition as it was when it reached the Consumer. If this is not the case, the Consumer will not be entitled to any refund and/or replacement.
11.4. The Seller will refund the Consumer for the delivery costs they were charged when sending back the product and, at no additional cost, will send the Consumer, the product they actually ordered within the shortest time possible, provided this is available. If it is not, the Seller shall refund the Consumer the price they paid for the product and also the delivery costs.
11.5. If the Consumer is to be refunded via bank transfer, he/she must fill out the appropriate part of the Returns Form with their bank details so that the Seller can transfer the money and therefore refund the sum of money that is owed to the Consumer. If payment was made with a credit card, the Seller shall refund the sum of money directly to the credit card that the Consumer used to pay for their product.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Consumer declares that they are aware that all content on the Site is protected by copyright and by other existing legislation concerning intellectual property. All rights are the exclusive ownership of Unlead di Gabriele Giudici (Seller and owner of the site).
12.2. Site content cannot be reproduced either in whole or in part, nor can it be transferred by computer or conventional means, or altered or used for any purpose without prior written consent from Unlead di Gabriele Giudici (Seller and owner of the site).
13. CONSUMER DATA AND PRIVACY
13.1. In order to register with the Site or send an order, and therefore in order to finalise this contract, the Consumer is required to provide their personal details. The Consumer acknowledges that these personal details shall be recorded and used by the Seller in accordance with legislative decree no. 196/2003 and successive modifications (Privacy Code) in order to perform this contract and, with their consent, for any additional activity such as that indicated in the information on privacy that the Consumer is provided with on the Site when they register.
13.2. The Consumer declares and guarantees that the details they provide the Seller with when they register are correct and true.
13.3. At any moment the Consumer can update and/or modify their personal details by using the “My Account” section of the Site, which can be accessed by logging in.
14.1. The Seller shall take measures to protect personal data against loss, falsification, alteration and improper use by third parties; however, due to the technical limitations and features concerning the protection of electronic communication via internet, the Seller cannot guarantee that information or data that the Consumer sees on the Site is not accessible or cannot be viewed by unauthorised parties. This is the case even if the Consumer has logged in.
15. FORCE MAJEURE
15.1. In the event of unexpected events and/or natural disasters, acts of terrorism, war, popular uprising, power failure, general strikes in the public and/or private sector, courier and plane strikes and/or restrictions on traffic conditions, the Seller shall not be held liable in the event that they do not fulfill their obligations under this contract either in whole or in part.
16. JURISDICTION, COMPETENT COURT, AND APPLICABLE LAW
16.1. This contract shall be regulated and interpreted solely in accordance with Italian law. This is without prejudice to rights that might be attributed to the Consumer by regulations that are binding and in effect in their own country.
16.2. The Parties agree that the United Nations Convention concerning contracts for the international sale of goods does not apply to this contract.
16.3. Italian law is to be applied to any dispute that may derive from or be related to this contract and the sole competent Court is the Court of Milano, Italy.
16.4. For everything else not specifically covered here, current Italian regulations apply and, in particular for consumers, the regulations in Section II, Item I, Chapter III of Italian legislative decree no. 206/2005 and successive modifications (Consumer Code).
17.1. The Parties cannot assign or transfer any of their rights or obligations as part of this contract to third parties without prior written consent from the other party.
18. VALIDITY OF CLAUSES
18.1. The headings of the clauses used here are purely for indicative purposes and have no effect in relation to how content is identified and how this contract is interpreted.
18.2. These conditions do not prejudice the rights granted to the Consumer by Italian law or the rights granted them by the regulations that form part of the legislation they are subject to.
18.3. If a clause or part of a clause in these general conditions is deemed to be invalid due to the fact that it stands in contrast or is contrary to an existing law, all the other clauses in this contract and parts of the same clause shall still be valid and effective.
19. FINAL PROVISIONS
19.1. This contract replaces all contracts, agreements and understandings that have previously been made between the Parties and, together with the order, the order confirmation and the general condition concerning the use of the Site, it represents the entire agreement between the Parties concerning the subject of this contract.
19.2. The Consumer declares that they were not made to adhere to this contract as a result of prior discussions.
19.3. Any variation or change to this contract must be accepted in writing by both Parties.
Both Parties should carefully re-read and specifically agree to the following clauses in the general sales conditions: 4 (selecting products and making a purchase), 6 (prices, delivery charges and taxes), 10 (right to cancel), 16 (jurisdiction, competent court and applicable law).
20. CONTACTING US, CORRECTING OR UPDATING YOUR INFORMATION
You can help us maintain the accuracy of your personal information by notifying us of any changes to this information. In the event that you have any questions about Unlead’s GENERAL SALES CONDITIONS or if you request access to or correction or update of your personal information you may contact us any one of the following ways:
E-mail: [email protected]
Mail: Unlead di Gabriele Giudici
Attention: Senior Legal Officer
Via della Pace, 52
20020 Lainate (MI)