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General terms and conditions

Information

ARTS. 13 AND 14 OF REGULATION (EU) 2016/679

Data Subjects: Users of e-commerce services

“Gruppo Pritelli srl” and “BAMBOLEO EVENTS, S.L”, as Joint Controllers of your personal data, pursuant to the contractual agreements in place and for the purposes of Article 26 of Regulation (EU) 679/2016 (hereinafter referred to as "GDPR"), hereby inform you that the aforementioned regulation provides for the protection of your personal data and that the processing will be carried out in accordance with principles of fairness, lawfulness, transparency, and protection of confidentiality and your rights.

Your personal data will be processed in compliance with the legislative provisions of the above-mentioned regulation and the confidentiality obligations provided therein.

DISTRIBUTION OF PROCESSING PURPOSES BASED ON THE CONTRACTUAL AGREEMENTS BETWEEN THE JOINT CONTROLLERS (ARTICLE 26 OF THE GDPR)

Gruppo Pritelli srl is the licensee of the Marc Marquez 93 and Alex Marquez 73 brands and provides the e-commerce infrastructure, managing product sales activities.

Gruppo Pritelli srl and BAMBOLEO EVENTS, S.L jointly process your personal data for the purposes of direct marketing and profiling, both with regard to navigation data and as a result of marketing/social media marketing campaigns and purchases made on the e-commerce site, subject to obtaining explicit consent, for the purposes detailed below.

Administrative, accounting, and fiscal purposes related to the purchase of products on the e-commerce site are handled independently by Gruppo Pritelli srl.

SOURCE OF DATA

Data is collected directly from the data subject during registration on the website, during the purchase of a product without registration, or through online promotional campaigns (e.g., social media campaigns).

PURPOSES AND LEGAL BASIS OF PROCESSING

Your data will be processed to ensure the functionality of the available services, including managing the shopping cart, selecting one or more items, saving the contents of the cart from your last login, conducting transactions with the payment methods you have chosen, and providing additional and complementary services to facilitate your item selection.

When required, data will also be processed for invoicing in compliance with legal requirements, logistics for transportation, delivery, and returns, and for post-sale activities and evaluating service efficiency.

The authentication process to your account on the payment service provider chosen for purchasing one or more products from the Store (e.g., Nexi, PayPal) is managed by the provider itself as an independent data controller.

  1. Registration on the portal:
    Registration is necessary for your proper identification in anticipation of and during a purchase. Registration allows you to create a user profile, avoiding the need to re-enter your data for subsequent purchases. Your profile will store your data, including your residential address, any shipping address (if different from your residence), tax identification number (if required by law), and purchase history. You may request the deletion of your user profile at any time.

  2. Purchase without registration:
    You can make an online purchase without registering on the portal. In this case, your data will be processed solely for your proper identification, to enable the purchase and shipping in accordance with the general contractual terms, and for invoicing as required by law.

  3. Customer Care:
    Managing and responding to reports, post-sale inquiries (e.g., order status and tracking), purchase assistance, returns, refunds, order cancellations, and complaints submitted by the customer in compliance with the general terms of sale. This includes processing photos/images of products when necessary to resolve requests, in compliance with the general terms of sale.

The legal basis for processing for purposes 1, 2, and 3 is pre-contractual and contractual when data processing is required for preliminary purchase operations and the purchase itself. For invoicing purposes, the legal basis is compliance with legal obligations.

CONSEQUENCES OF NON-PROVISION OF DATA

Data processing is necessary to fulfill customer requests for the stated purposes. Failure to provide or incorrect communication of required information may prevent the Controller from ensuring the purchase of products and additional requested services.

OPTIONAL PURPOSES

The purposes described in points 4 and 5 are optional and not mandatory. Their implementation is based solely on your consent. Specifically:

  • Consent 1 (point 4): for the sending of promotional communications by the Joint Controllers.
  • Consent 2 (point 5): for profiling purposes (to define your profile, analyze consumption habits or choices, and suggest offers based on your preferences).

You may withdraw your consent at any time, either through automated methods included in emails or by contacting the Controller using the contact details provided.

  1. Direct Marketing:
    With your free consent, the Joint Controllers may process your data for market research, customer satisfaction surveys, statistics, event invitations, and promotional activities, including sending advertising and promotional material via email, post, and/or SMS and/or telephone calls unrelated to the performance of the contractual relationship.

Promotional materials sent to your email may also be processed for interaction data, such as email open rates, clicks on links/banners/buttons.

  1. Profiling:
    To improve your product search experience, we would like to use your data to define your profile, analyze consumption habits or choices, and suggest offers based on your preferences through emails, newsletters, or personalized messages.

Your data will also be used to customize online advertisements during navigation on search engines or social platforms (e.g., Google, Pinterest, etc.).

The legal basis for processing for purposes 4 and 5 is the consent of the data subject.

CONSEQUENCES OF NON-CONSENT FOR OPTIONAL PURPOSES

Failure to consent to optional purposes (4. Direct Marketing and 5. Profiling) does not affect the purchase of products and the provision of the service.

METHODS OF WITHDRAWING CONSENT

You may withdraw the consent provided at any time, either through the automated methods included at the bottom of every email received or by sending a request to the contact details of the Joint Controllers or to the following email address: webmaster@gruppopritelli.it, which is the designated point of contact for data subjects.

METHODS OF PROCESSING

The processing is carried out using manual and/or computerized and telematic tools, ensuring the security, integrity, and confidentiality of the data in compliance with the organizational, physical, and logical measures provided by current regulations. These measures are aimed at minimizing the risks of destruction or loss, unauthorized access, modification, and unauthorized disclosure, in compliance with Articles 5 and 32 of the GDPR.

RECIPIENTS

For the performance of certain activities or to support the operation and organization of the activities, some data may be disclosed to or shared with recipients. These recipients are divided into:

Third Parties:

(Data shared with individuals or entities, public authorities, services, or other organizations other than the data subject, the data controller, the data processor, and the authorized individuals responsible for processing) including:

  • Banking institutions: for managing collections and payments, as well as third-party companies handling payment methods chosen by the data subject (e.g., Nexi, PayPal).
  • Postal service providers: for traditional or electronic postal services.
  • Entities/Authorities: required by legal obligation or entitled to access your data due to statutory requirements.
  • Other entities: whose communication of data is necessary to achieve the purposes mentioned above.

Data Processors:

(A person or entity, public authority, service, or other organization that processes personal data on behalf of the data controller) including:

  • Companies and other entities: consultants and freelancers entrusted with managing mandatory fiscal, administrative, accounting, or legal obligations.
  • Marketing service providers: for improving online product searches.
  • IT service providers: for web, technical, or other services necessary to achieve the purposes required for managing the relationship.

Within the Company Structure:

Your data will be processed solely by personnel expressly authorized by the individual Controllers, with confidentiality agreements in place.

TRANSFER OF DATA TO THIRD COUNTRIES

The Controller does not transfer personal data to non-EU countries. Should the need arise, data subjects will be informed in advance, and safeguards will be adopted to ensure the transfer to recipients, which may include:

  • Verification of the existence of adequacy decisions for the recipient country by the European Commission (e.g., for transfers to the USA, the adequacy decision of 10/07/2023 under Article 45 of the GDPR, “EU-US Data Privacy Framework”).
  • Signing of standard contractual clauses.
  • Verification of the adoption of additional measures in compliance with Recommendation 01/2020 of the European Data Protection Board (EDPB).

In derogation of these safeguards, for data processing (under Article 49 of the GDPR), where applicable, the existence of a contract or pre-contractual measures in favor of the data subject or consent for the transfer will be verified.

DISCLOSURE

Your personal data will not be disseminated in any way.

RETENTION PERIOD

In compliance with the principles of lawfulness, purpose limitation, and data minimization, as per Article 5 of the GDPR, the retention period for your personal data necessary to carry out the requested services is set for a period not exceeding the achievement of the purposes for which they are collected and processed.

  • Optional purposes (4. Direct Marketing - 5. Profiling): Data will be retained until consent is withdrawn, which can be requested either through automated methods included in emails or by sending a request to the contact details of the Controller. After two years from the acquisition of consent, you will receive a communication at the contact channels provided to allow you to either withdraw consent or extend it.
  • For purchases, data will be retained in compliance with statutory obligations, such as tax regulations, for a minimum of 10 years.

JOINT CONTROLLERS

  • “Gruppo Pritelli srl”, with its registered office at via Ottorino Respighi, 54 – 47841 Cattolica (RN), Italy - VAT and Company Registration Number 02600380402; email: info@gruppopritelli.it; Tel.: +39 0541830802.
  • “BAMBOLEO EVENTS, S.L”, a Spanish limited liability company with its office at Paseo de la Castellana 161 (28046 Madrid, Spain), registered with the Commercial Registry of Madrid at Volume 44624, Folio 190, Sheet M-785973, and holding Tax Identification Number B-44565257.

According to the agreement between the parties, the designated point of contact for data subjects is: webmaster@gruppopritelli.it.

RIGHTS OF THE DATA SUBJECT (ARTICLES 15-22 OF REGULATION EU 2016/679)

  1. The data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning them, even if not yet registered, and their communication in an intelligible form.

  2. The data subject has the right to obtain information on:
    a. The source of personal data.
    b. The purposes and methods of processing.
    c. The logic applied in the case of processing carried out using electronic tools.
    d. The identification details of the data controller, processors, and the representative designated under Article 5(2).
    e. The entities or categories of entities to whom the personal data may be disclosed or who may become aware of them as designated representatives, processors, or authorized personnel.

  3. The data subject has the right to obtain:
    a. The updating, rectification, or, where interested, integration of the data.
    b. The deletion, transformation into anonymous form, or restriction of data processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed.
    c. Certification that the operations referred to in points a) and b) have been notified, also regarding their content, to those to whom the data was disclosed or disseminated unless this proves impossible or involves a disproportionate effort.
    d. Data portability.

  4. The data subject has the right to object, in whole or in part:
    a. For legitimate reasons, to the processing of personal data concerning them, even if relevant to the purpose of collection.
    b. To the processing of personal data for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.

Data subjects also have the right to lodge a complaint with the Supervisory Authority following the provided procedures.

CONSENT

Consent Acquisition Form

Once the information provided by the Data Controller through this notice has been obtained, your registration on the website will be recorded, identifying the IP address associated with your data, as well as the date and time of registration.

Your potential consents for the purposes of direct marketing and profiling (points 4 and 5, respectively) will also be recorded (including IP address, email, date, and time) by checking/clicking the relevant box and immediately upon pressing the "submit," "ok," or "register" button.

These consents will be stored to demonstrate that they were granted and to allow you to withdraw them at any time, in addition to exercising all other rights described above.

1. Subject

1.1. Gruppo Pritelli (VAT No. 02600380402), with registered office in Cattolica, Via Respighi 54, int. 4, is a longstanding company operating in the production and distribution of apparel in general, as well as in the production, distribution and marketing of merchandising items, with particular experience in the motorcycle sector; Gruppo Pritelli S.r.l. is the exclusive licensee of the distinctive signs of riders from the top world track championships such as Marco Simoncelli, Jorge Lorenzo Guerrero, Nicky Hayden, as well as the well-known motorcycle manufacturer Ducati.
1.2. These general terms and conditions of sale govern the sale and purchase contract relating to any purchase made through the website www.marcmarquez93.com  -  www.alexmarquez73.com (hereinafter, the “Website”). Gruppo Pritelli S.r.l. is the owner of the Website.
1.3. Any purchase of products made through the Website is entered into between Gruppo Pritelli S.r.l. (hereinafter, the “Seller”) and the purchaser (hereinafter, the “Consumer”) (Seller and Consumer hereinafter collectively referred to as the “Parties”).
1.4. Any communication from the Consumer connected to and/or related to this contract—including any notices, complaints, requests concerning the purchase and/or delivery of products, the exercise of the right of withdrawal, etc.—must be sent to the Seller at the e-mail address orders@gpracingapparels.com.
1.5. Each purchase is subject to the general terms and conditions of sale published on the Website at the time the contract is concluded pursuant to Article 3 below.
1.6. The Website is intended for retail sales and as such is for the exclusive use of consumers. The possibility of purchasing products on the Website is therefore reserved exclusively to a “consumer,” meaning a natural person acting for purposes unrelated to any business, commercial, craft or professional activity that may be carried out. All persons who are not “consumers” are invited not to place purchase orders for products through the Website. In the unlikely event that the purchaser cannot be qualified as a Consumer, the purchaser shall not be entitled to the right of withdrawal provided for in Art. 10 of these general terms and conditions of sale, nor to the legal guarantee of conformity provided for in Art. 8 of these general terms and conditions of sale and, in any case, the provisions of the Italian Consumer Code shall not apply.
1.7. By submitting the purchase order, the Consumer accepts that all information relating to the order placed and the general terms and conditions of sale contained in this contract shall be sent to the Consumer by e-mail to the address provided during registration on the Website or during the purchase process. The Seller reserves the right not to fulfill orders placed by persons other than a “Consumer” or that do not comply with its commercial policy.
1.8. In order to validly enter into this contract, the Consumer must be of legal age (18 years) and have legal capacity, which the Consumer declares to possess.
1.9. Any costs for connecting to the Website via the Internet, including telephone charges, according to the rates applied by the operator selected by the Consumer, are borne exclusively by the Consumer.

2. Product features and their availability in different geographical areas

2.1. The products are sold by the Seller with the characteristics described on the Website at the time the Consumer submits the order, and in accordance with the general terms and conditions of sale published on the Website at the time the order is placed, to the exclusion of any other conditions or terms.
2.2. The Seller reserves the right to amend these general terms and conditions of sale at any time, at its own discretion, in compliance with applicable law. The products are offered under the general terms and conditions of sale indicated on the Website at the time the order is submitted and until stocks are exhausted. Any amendments made to the general terms and conditions of sale shall be effective from the date of publication on the Website and shall apply only to contracts concluded after said date of publication.
2.3. The prices and the goods for sale on the Website are subject to change without notice. Therefore, before submitting the purchase order pursuant to Section 3 below, the Consumer is asked to check the final sale price.
2.4. The Seller reserves the right, without notice, to change the goods displayed on the Website or to change their characteristics at any time and without any notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any goods offered on the Website, without being obliged to make such changes to goods already sold.
2.6. Users from all over the world can access this Website and the Website may contain references to goods that are not available or not purchasable in the visitor’s country.
2.7. The Products displayed on the Website or intended for sale are reserved for sale exclusively in the countries listed on the Website at the time the order is placed.

3. Formation of the contract

3.1. The presentation of products on the Website, which is not binding on the Seller, constitutes a mere invitation to make an offer and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Website constitutes a contractual offer and is subject to these general terms and conditions of sale, which are an integral part of the order itself; by submitting the order to the Seller, the Consumer accepts these general terms and conditions of sale in full and without reservation. Before proceeding with the purchase of the products by sending the purchase order, the Consumer will be asked to read carefully these general terms and conditions of sale and the Information on the right of withdrawal, to print a copy using the print command and to save or reproduce a copy for personal use. The Consumer will also be asked to identify and correct any data entry errors.
3.3. The Consumer’s purchase order is accepted by the Seller by sending to the Consumer, at the e-mail address provided to the Seller at the time of registration on the Website or at the time of submitting the order if the Consumer is not registered on the Website, an order confirmation e-mail, the order summary and a description of the product ordered. The Consumer’s order and the Seller’s order confirmation will be stored electronically by the Seller in its IT systems, and the Consumer may request a copy by sending an e-mail to the Seller at shop@weare93.com or shop@bluesquad73.com

3.4. The contract is deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

4. Procedure for selecting and purchasing products

4.1. The products presented on the Website may be purchased through the purchase procedure available on the Website. This procedure includes the selection of the products of interest by the Consumer and their placement in the appropriate virtual shopping cart. Once the selection of products is complete, to purchase the products placed in the cart, the Consumer will be asked to: provide the requested data as a “Guest,” or to register on the Website by providing the requested data, or to log in if already registered and the requested data have already been provided.
4.2. In order to enable the purchase, the Consumer will be asked to verify personal data (by way of example only: first name, last name, etc.), as well as the address to which the selected products are to be delivered, the billing address and a telephone number where the Consumer can be contacted for any communications relating to the purchase made, if different from the data provided at the time of registration.
4.3. The Consumer will then see a summary of the order to be placed, which may be modified; thereafter, the Consumer, after careful reading, must expressly approve these general terms and conditions of sale, including those clauses requiring specific approval, by checking the appropriate box on the Website and, finally, by clicking the “place order” button, will be asked to confirm the order, which will then be definitively sent to the Seller and produce the effects described in Section 3 above. Submitting the order entails an obligation to pay.
4.4. The Consumer will also be asked to choose the method of payment from those available: credit card or PayPal. If the Consumer chooses the immediate payment method (at the time of purchase) by credit card or PayPal, the Consumer will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged at the time the order is received by the Seller.

5. Delivery of goods and acceptance

5.1. The Website generally indicates the availability of each product and delivery times; however, such information is to be considered as purely indicative and not binding on the Seller.
5.2. The Seller undertakes to do everything within its power to meet the delivery times indicated on the Website and, in any case, to deliver within a maximum of 30 (thirty) days from sending the order confirmation to the Consumer, except for goods not available in the warehouses and subject to a pre-order by the Consumer, in which case delivery will be made within 30 (thirty) days from the date the goods become available. In the latter case, the Consumer shall have the right to withdraw until receipt of the notice, sent by the Seller, of availability of the goods at its warehouses.
5.3. Since the availability of the products indicated on the Website cannot be guaranteed, if a product ordered by a Consumer is not available, the Consumer will be promptly informed by the Seller and any payment already made by the Consumer will be promptly refunded.
5.4. The Seller will ship the products in the manner indicated on the Website, and the Consumer undertakes to check without delay, and in any case within and no later than 28 (twenty-eight) days from receipt of the products, that the delivery is correct and includes all and only the products purchased, and to inform the Seller within that term of any discrepancy with respect to the order by sending a communication to info@weare93.com or info@bluesquad73.com  in accordance with the procedure set out in Article 11 below. If the package or wrapping of the products ordered by the Consumer arrives clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation.”
5.5. After the term referred to in Section 5.4 has elapsed, the products delivered shall be deemed definitively accepted by the Consumer.

5.6. If delivery cannot be completed due to failure to clear customs, failure to pay duties/taxes/customs fees, or refusal to collect by the Consumer, the shipment may be returned to the sender or held in storage at the discretion of the carrier/customs authorities. In such cases, all storage, release, inspection, return and administrative handling costs shall be borne exclusively by the Consumer.

5.7. The Consumer is required to actively cooperate in customs clearance (e.g., promptly providing documentation, tax/ID codes, authorizations and any information requested). Any inaction or delay attributable to the Consumer shall constitute a breach and does not entitle the Consumer to withdraw by refusing delivery.

5.8. In the event of return to sender, the Seller may deduct from any refund due to the Consumer (if any) all amounts actually incurred and documented for: (i) customs formalities and charges already levied; (ii) storage costs; (iii) return shipping costs; (iv) reasonable administrative handling fees.

5.9. If, for reasons attributable to the Consumer, the goods are seized, abandoned or destroyed by the competent authorities, no refund shall be due; the Seller’s right to compensation for further damages in any case remains unaffected.

5.10. Any refund (if due) will be made only after the physical return of the goods to the Seller’s warehouses, verification of their integrity, and deduction of the above costs.

6. Prices, shipping costs, taxes and duties

6.1. The price of the products is that indicated on the Website at the time the Consumer submits the order. The prices of the products indicated on the Website include VAT and packaging, and do not include shipping costs, which are calculated before the Consumer’s purchase confirmation and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website, nor do they include any taxes or duties of any kind payable in the manner and within the time limits established by each destination country of the goods.
6.2. Based on the country in which the products are to be delivered, the related shipping costs will be displayed on the Website during the order creation process, which the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer shall pay the Seller the total price, as shown in the order and confirmed in the order confirmation sent by e-mail by the Seller to the Consumer.
6.4. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including VAT and packaging, is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, as provided by the laws of the country in which the products will be delivered. The Consumer is invited to inquire with the competent authorities of the Consumer’s country of residence or the destination of the products to obtain information on any duties or taxes of any kind applied in the Consumer’s country of residence or product destination.
6.5. Any additional cost, charge, tax, customs duty and/or levy that any given country may apply for any reason to the products ordered under this contract shall be borne exclusively by the Consumer.
6.6. The Consumer acknowledges that duties, taxes and customs charges are the Consumer’s exclusive responsibility and that lack of knowledge of such charges or unwillingness to bear them does not constitute grounds for termination of the contract nor does it justify refusal of delivery or completion of customs clearance.

6.7. In the event of failure to clear customs, refusal of the goods or return to sender, the Consumer hereby authorizes the Seller to deduct from any refund: (i) duties and taxes actually charged; (ii) customs clearance and handling fees; (iii) return shipping costs and the original outbound shipping costs (where not already withheld); (iv) storage costs and reasonable administrative fees.

6.8. If, upon return, the products are not intact, not resellable or depreciated for reasons not attributable to the Seller, the Seller may withhold, in addition to the above amounts, an amount equal to the ascertained depreciation or deny a refund in cases of total loss.

6.9. The Seller will provide documentary evidence of the costs withheld upon the Consumer’s simple request at the e-mail address indicated in these terms.

New Art. 6-bis — Customs obligations, refusal and return of goods

6-bis.1. For shipments to countries outside the European Union, the Consumer is the importer and undertakes to carry out any customs formalities required by the law of the destination country, including any tax registrations, provision of identification codes, declarations and documents.

6-bis.2. The Consumer undertakes not to use the right of withdrawal as a means to circumvent customs charges and acknowledges that refusal of delivery or failure to complete customs clearance do not constitute a valid exercise of the right of withdrawal.

6-bis.3. If, due to an act or omission of the Consumer, the shipment is not released within the deadlines set by the customs authorities or the carrier, the Seller may: (i) request the return of the goods; (ii) agree to abandonment or destruction if required by the authorities; (iii) charge the Consumer with all related costs, as provided in Sections 5.6–5.10 and 6.7–6.9.

6-bis.4. Where necessary to unblock the shipment, the Consumer grants authority to the carrier/forwarder and its customs brokers to file declarations in the Consumer’s name and on the Consumer’s behalf, with all costs and liabilities remaining at the Consumer’s expense.

7. Payments

7.1. Orders placed through the Website may be paid by credit card or PayPal, under the conditions described below.
7.2. If payment is made by credit card, the Consumer will be redirected to a secure site and the credit card data will be communicated directly to SETEFI S.p.A., the operator that handles payments on behalf of the Seller. The data transmitted will be sent in a secure manner by means of SSL (Secure Socket Layer) 128-bit encryption. Such data are not accessible even to the Seller.
7.3. The Seller will promptly send the invoice/tax documentation relating to the purchase made, attaching it in paper form to the products purchased.

8. Seller’s legal guarantee of conformity, reporting lack of conformity and warranty actions

8.1. Pursuant to and for the purposes of EU Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the products are free from lack of conformity with the sales contract and with what is published on the Website for a period of 2 years from the date of delivery of the product to the Consumer.
8.2. Under penalty of forfeiture, the Consumer must report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered by sending a communication to the following e-mail address: info@weare93.com or info@bluesquad73.com , providing proof of purchase of the product from the Seller by attaching the tax document and/or payment receipt, as well as suitable photographic documentation proving the reported lack of conformity.
8.3. Any warranty is excluded where the product is used in a manner not consistent with its intended use and with the instructions/warnings provided by the Seller and/or the product manufacturer.
8.4. Upon receipt of the report referred to in Section 8.2, the Seller may request additional photographic documentation proving the reported lack of conformity or communicate the procedures by which to return or make the product available so that it can be examined, including by the manufacturer.
8.5. The Seller, through the manufacturer’s customer service, will carry out the quality checks necessary to verify the actual lack of conformity of the product and will provide feedback to the Consumer by e-mail to the address provided during registration on the Website or during the order process.
8.6. In the event of an ascertained lack of conformity of the product, the Seller will refund the Consumer the price of the product including the shipping costs incurred for the return of the non-conforming product or, alternatively, at no cost to the Consumer, repair the product or replace it with a new product; in the latter case, the non-conforming and replaced product will remain the property of the Seller.
8.7. The aforementioned refund will be made by the Seller to the Consumer using the same means of payment used by the Consumer at the time of purchase.

9. Liability for damage caused by defective products

9.1. With regard to any damage caused by a defective product, the provisions of EU Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply. The Seller, in its capacity as distributor of the products through the Website, is released from any and all liability, none excluded and/or accepted, by indicating the name of the relevant manufacturer of the product.

10. Right of withdrawal

10.0. The right of withdrawal may be exercised only after delivery to the Consumer; therefore, refusal of delivery, failure to clear customs or failure to pay duties/taxes/customs fees do not constitute a valid exercise of the right of withdrawal.

10.1. The Consumer has the right to withdraw from this contract, without any penalty, within 28 (twenty-eight) days from the day of receipt of the ordered products, for any reason and without having to give any justification.
10.2. The Consumer may exercise the right of withdrawal within the above term by sending a request to orders@gpracingapparels.com 
10.3. Within the following 28 (twenty-eight) days, the Consumer shall return the product to the Seller by sending it to:

GRUPPO PRITELLI S.r.l.
E-commerce Racing
Via Respighi, 54/4
47841 Cattolica (RN)
Italy

Customers are reminded to fill in the adhesive label with the requested information and apply it to the outside of the package.

10.4. It is understood that the risks and transportation costs related to the return of the products to the Seller shall be borne by the Consumer.
10.5. For the right of withdrawal to be validly exercised, the products must be delivered or in any case sent to the Seller intact (without any signs of wear, abrasion, scuffing, scratching, deformation, odor, etc.), complete with all their elements and accessories, accompanied by the instructions/notes/manuals supplied, the original boxes and packaging and the warranty certificate, where present. Failing this, the Consumer shall not be entitled to a refund of the amounts paid. For this purpose, it is recommended to cover the products’ original packaging with another protective packaging that preserves its integrity and protects it during transport, including from writing or labels.
10.6. The Seller will take delivery of the returned products, reserving the right to verify that they have been returned in the conditions described in Section 10.5 above.
10.7. Once compliance with Sections 10.1–10.6 has been verified, the Seller will refund the Consumer the product price only; the following are excluded from the refund: (i) the original shipping costs, (ii) any duties, taxes and customs fees already incurred, (iii) return costs (including re-import customs charges, if applicable), which shall remain at the Consumer’s expense or shall be deducted from the refund if advanced by the Seller.
10.8. The above refund will be made by the Seller to the Consumer using the same means of payment used by the Consumer at the time of purchase.

10.9. If the goods do not reach the Consumer for reasons attributable to the Consumer (failure to clear customs, refusal of delivery, lack of cooperation), such event does not constitute an exercise of the right of withdrawal but a breach by the Consumer, with application of the deductions under Arts. 5 and 6.
10.10. In the event of return for the reasons set out in Section 10.9, any refund (if due) shall be net of the expenses and charges actually incurred by the Seller, documented upon request.
10.11. It remains understood that non-intact products or products lacking packaging/accessories/documentation may be refunded partially or not refunded, depending on the ascertained depreciation.

11. Other cases of return

11.1. If the Consumer ascertains, within the term referred to in Section 5.4 above, that the product received does not correspond to the one ordered, the Consumer may report this, within the same term of 28 (twenty-eight) days, by writing to orders@gpracingapparels.com and attaching photos.
11.2. After carrying out the appropriate checks, if the Seller verifies that the product sent does not correspond to the one ordered, the Seller will invite the Consumer to return the product within the following 28 (twenty-eight) days by sending it to:

GRUPPO PRITELLI S.r.l.
E-commerce Racing
Via Respighi, 54/4
47841 Cattolica (RN)
Italy

Customers are reminded to fill in the adhesive label with the requested information and apply it to the outside of the package.

11.3. The product must be returned or in any case sent to the Seller intact (without any signs of wear, abrasion, scuffing, scratching, deformation, odor, etc.), complete with all its elements and accessories, accompanied by the instructions/notes/manuals supplied, the original boxes and packaging and the warranty certificate, where present, and in any event in the condition in which it was received by the Consumer. Otherwise, the Consumer shall not be entitled to any refund and/or replacement.
11.4. The Seller will refund the Consumer the shipping costs incurred to return the product and will send, at no additional cost, the product actually ordered as soon as possible, if available; otherwise, the Seller will refund the Consumer the price paid for the product, plus shipping costs.
11.5. The aforementioned refund will be made by the Seller to the Consumer using the same means of payment used by the Consumer at the time of purchase.

12. Intellectual property rights

12.1. The Consumer acknowledges that all content on the Website is protected by copyright and other applicable intellectual property laws: all rights are the exclusive property of Gruppo Pritelli S.r.l. (Seller and owner of the Website).
12.2. The content of the Website may not be reproduced, in whole or in part, transmitted by electronic or conventional means, modified or used for any purpose without the prior written consent of Gruppo Pritelli S.r.l. (Seller and owner of the Website).

13. Consumer data and privacy protection

13.1. To proceed with registration, order submission and conclusion of this contract through the Website, certain personal data are required from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the provisions of Italian Law Legislative Decree No. 196/2003 as amended—the Privacy Code—to perform this agreement and, with the Consumer’s prior consent, for any further activities as indicated in the privacy notice provided to the Consumer through the Website at the time of registration.
13.2. The Consumer declares and warrants that the data provided to the Seller during registration are correct and truthful.
13.3. The Consumer may update and/or amend at any time the personal data provided to the Seller through the “My Account” section of the Website, accessible upon self-certification.
13.4. For any further information on the processing of the Consumer’s personal data, please refer to the Privacy Policy section and carefully read the Terms of Use.

14. Security

14.1. Although the Seller adopts measures aimed at protecting personal data against possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has logged in, are not accessible or viewable by unauthorized third parties.

15. Force majeure

15.1. The Seller shall not be liable in the event of total or partial non-performance of its obligations under this contract if such non-performance is caused by unforeseeable events and/or natural disasters, acts of terrorism, wars, civil unrest, power outages, general strikes of public and/or private workers, strikes and/or restrictions affecting carriers and air connections.

16. Jurisdiction, competent court, applicable law

16.1. By virtue of these general terms and conditions of sale, this contract shall be governed by and construed in accordance with Italian law, exclusively. In any case, any mandatory statutory rights granted to the Consumer under the laws in force in the Consumer’s country shall remain unaffected.
16.2. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to this contract.
16.3. For any dispute arising out of or relating to this contract, Italian jurisdiction shall apply and the Court of Rimini, Italy, shall have exclusive competence.
16.4. For all matters not expressly provided for herein, the provisions of Italian law in force shall apply and, in particular for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 as amended (Consumer Code).

17. Assignment

17.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from this contract without the prior written consent of the other party.

18. Validity of clauses

18.1. The headings of the clauses used herein are purely indicative and have no effect on the identification of the content and interpretation of this contract.
18.2. These terms and conditions do not prejudice the rights granted by Italian law to the Consumer acting as a consumer nor the rights guaranteed by the mandatory provisions of the law to which the Consumer is subject.
18.3. If any clause or part of a clause of these general terms and conditions is held invalid because it conflicts with or contravenes a law, all other clauses of this agreement or parts of the same clause shall remain fully valid and effective.

19. Final provisions

19.1. This contract replaces all contracts, agreements and understandings previously entered into between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Website, constitutes the entire agreement between the Parties with regard to the subject matter hereof.
19.2. The Consumer declares not to have been induced to adhere to this contract by any prior oral statements.
19.3. Any amendment or modification of this contract must be accepted in writing by both Parties. The following clauses of the general terms and conditions of sale are specifically approved, after re-reading: 4 (procedure for selecting and purchasing products), 6 (prices, shipping costs, taxes and duties), 10 (right of withdrawal), 16 (jurisdiction, competent court and applicable law).