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GENERAL TERMS AND CONDITIONS OF ONLINE SALE

1. GENERAL PROVISIONS

1.1 For the purposes of these General Terms and Conditions:

  • “OZ Racing” means OZ S.p.A., with registered office in Bassano del Grappa (VI), Via Bastion No. 49/4, 36061, VAT No. 00262760242.
  • “Website” means the website collection.ozracing.com owned by OZ Racing and managed by Maior Group S.r.l., with registered office in Vicenza (VI), Via L.L. Zamenhof, 697, registered with the Vicenza Companies Register, tax code 03948440247, VAT No. 03948440247 (hereinafter “Maior Group”), official licensee of OZ for the sale of official OZ Racing branded products through the Website, as governed by the license agreement signed between the parties.

1.2 These General Terms and Conditions of Sale apply exclusively between Maior Group S.r.l. and the customer purchasing online the products offered on the website collection.ozracing.com (“Customer”).

1.3 By using the website collection.ozracing.com (“Website”) and/or placing an order through the Website, the Customer accepts these General Terms and Conditions of Sale. Customers are therefore invited to carefully read these Terms and Conditions before placing an order through the Website.

1.4 In order to purchase through the Website, the Customer must be of legal age.

1.5 These Terms and Conditions of Sale may be subject to amendments, and the date of publication on the Website shall be deemed the date of their entry into force.

2. SUBJECT MATTER OF THE CONTRACT

2.1 Under these General Terms and Conditions of Sale, Maior Group sells and the Customer purchases, by means of distance communication, tangible movable goods indicated and offered for sale on the Website. The contract is concluded exclusively via the Internet, through the Customer’s access to the specifically dedicated section of the Website and the submission of a purchase order, following the procedure provided on the Website.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 The User acknowledges that the texts, data, software, photographs, graphics, videos, artwork, music, sounds, images, illustrations, drawings, icons, and any other material present on the Website are protected by copyright or other intellectual property rights and are the exclusive property of OZ and/or third parties.

Duplication, reproduction (even partial), download, storage, disclosure to third parties, publication or dissemination by any means, and more generally any act of disposal or use of the material contained on the Website, in any form, through existing or future media and technologies, are prohibited unless otherwise expressly stated on the Website or with prior written authorization by OZ and/or the respective rights holders.

4. REGISTERED TRADEMARKS

4.1 “OZ” is a registered figurative and word trademark owned by OZ S.p.A., as are the logos used on the Website. Third-party trademarks and logos present on the Website are the exclusive property of their respective owners. The use or reproduction in any form or manner of such trademarks and logos is prohibited.

5. ACCESS TO THE WEBSITE

5.1 In order to access the Website’s sales system, the Customer must complete the registration procedure in the specifically dedicated section. Upon completing registration, the Customer will be able to create authentication credentials consisting of a unique identification code (“username”) and a password, both distinct for each individual Customer.

5.2 Username and password must be retained by the Customer and used for every subsequent purchase through the Website.

5.3 The credentials are strictly personal and may not be transferred to third parties under any circumstances. Any purchase made using the Customer’s credentials will be attributable exclusively to that Customer. The Customer shall therefore be solely responsible for any damages suffered by Maior Group as a result of the unlawful transfer of credentials to third parties.

6. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

6.1 The sales contract is considered concluded when Maior Group sends a confirmation email summarizing the order. Such communication will be sent to the Customer by the next working day following completion of the procedure, to the email address provided by the Customer during registration. Similarly, where it is not possible to process the order, Maior Group will send a non-confirmation email.

6.2 The summary email contains the following information: (i) Customer details; (ii) order number; (iii) price of purchased products; (iv) shipping costs; (v) delivery address; (vi) link to download and store these Terms and Conditions on a durable medium.

6.3 The Customer undertakes to verify the accuracy of the personal data contained therein and, in case of error or inaccuracy, to promptly notify Maior Group of any corrections by writing to store@maior-group.com.

6.4 Maior Group undertakes to provide an accurate and truthful description of the products. However, product photographs on the Website may show errors, inaccuracies, or minor differences compared to the actual products, as they are merely representative and not contractual.

7. PRODUCT AVAILABILITY

7.1 The Website offers products in stock at Maior Group’s and its logistics partners’ warehouses. However, this does not imply that such products are always available. Maior Group reserves the right to discontinue and/or suspend the sale of any product at any time.

7.2 Even after sending the confirmation email referred to in Article 6, cases of partial or total unavailability of the goods may occur. In such exceptional cases, Maior Group will promptly inform the Customer via email. In case of total unavailability, Maior Group will refund the full amount paid. In case of partial unavailability, the order will be automatically adjusted by removing the missing product and refunding its price.

8. PAYMENT METHODS

8.1 The Customer may purchase through the Website using only the following payment methods:

  1. Credit card: in case of payment by credit card, the Customer must use a valid credit card. The actual charge will occur upon order confirmation. Maior Group reserves the right to verify the validity of the credit card used for payment, as well as the availability of sufficient funds. Maior Group therefore has the right to refuse the order if such checks are unsuccessful.
  2. PayPal: in case of payment via PayPal, the Customer must use a valid account. The actual charge will occur upon order confirmation. Maior Group reserves the right to verify the availability of sufficient funds. Maior Group therefore has the right to refuse the order if such checks are unsuccessful.

8.2 Maior Group accepts payments exclusively in Euro.

9. PRICES AND SHIPPING COSTS

9.1 Prices displayed on the Website are expressed in Euro and include VAT, where applicable. Should the VAT rate change after order acceptance, product prices will be automatically adjusted without any obligation of prior notice to the Customer.

9.2 Maior Group reserves the right to modify prices at any time. The price invoiced to the Customer will be the one indicated on the Website at the time of the order.

9.3 Prices shown on the Website do not include shipping costs which, if applicable, will be communicated to the Customer at the order summary stage before payment, or as soon as they can be reasonably calculated. Shipping costs vary depending on the delivery location, size, and weight of the order.

9.4 Any additional charges (e.g. customs clearance fees, duties, etc.) shall be borne by the Customer. The amount of such costs will be communicated to the Customer by the competent authorities, as applicable.

10. DELIVERY

10.1 Maior Group undertakes to process orders in the order received and as quickly as possible. Delivery times may vary depending on the delivery location. During peak periods (e.g. holidays) or in the event of unforeseen circumstances, occasional delays may occur. In such cases, products will be delivered within a reasonable time and, in any case, within 30 days from order confirmation. If delivery exceeds 30 days and is not due to force majeure under Article 12 below, the Customer may request delivery within an additional period of 10 days. Should Maior Group fail to deliver within that period, the Customer has the right to cancel the order and receive a full refund.

10.2 Delivery costs are indicated at the order summary stage and before final submission of the order.

10.3 If, upon delivery, the package or envelope appears damaged or opened, the Customer must accept delivery “WITH RESERVATION,” requesting a signed acknowledgment from the courier.

11. CONSUMER CUSTOMER

Pursuant to Italian Legislative Decree 206/2005, any natural person residing in the European Union who purchases products from the Website for purposes unrelated to his/her business, trade, craft, or profession is considered a consumer (“Consumer Customer”). Maior Group grants the Consumer Customer all protections under Legislative Decree 206/2005.

12. RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

12.1 For purchases made on the Website with a total value exceeding €50.00, Maior Group grants the Consumer Customer the right to withdraw from the purchase contract, without penalty and without specifying the reason, within 14 (fourteen) days from receipt of the products.

12.2 The Consumer Customer wishing to exercise the right of withdrawal must notify Maior Group by explicit declaration, which may be sent (i) by registered letter with return receipt addressed to Maior Group S.r.l., Via L.L. Zamenhof, 697, Vicenza (VI), or (ii) by sending the standard withdrawal form pursuant to Article 49, paragraph 1, letter h) of Legislative Decree 206/2005 (provided below) via email to store@maior-group.com.

Standard Withdrawal Form - pursuant to Article 49, paragraph 1, letter h)

(Complete and return this form only if you wish to withdraw from the contract)

Maior Group S.r.l.
Via L.L. Zamenhof, 69
Vicenza (VI)

Phone: +39 0444 18 72 923
Fax: +39 0444 18 72 923
Email: store@maior-group.com

I/we (*) hereby notify the withdrawal from my/our (*) contract of sale of the following goods/services (*)

Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted in paper version)
Date
(*) Delete as appropriate.

12.3 In the event of withdrawal, the Consumer Customer must return or deliver the products to Maior Group or the third party authorized by Maior Group to receive them, without undue delay and in any case no later than 14 days from the date on which the withdrawal was communicated.

12.4 Products must be returned intact, in their original packaging, complete with all parts (including tags). Maior Group reserves the right to refuse the return if the products are not compliant or appear damaged.

If, upon delivery, the package or envelope appears damaged or opened, the Customer must accept delivery “WITH RESERVATION,” requesting a signed acknowledgment from the courier. Without such declaration, Maior Group will not accept returns of damaged goods or restore missing items.

12.5 Upon verifying the integrity of the returned product, Maior Group will refund the Consumer Customer the amount paid at the time of purchase, within 14 days from notification of withdrawal. Where possible, the refund will be made using the same payment method used by the Consumer Customer for the purchase.

12.6 Maior Group may withhold the refund until it has received the returned products or until the Consumer Customer has provided proof of return shipment, whichever occurs first.

12.7 Return shipping costs are entirely borne by the Consumer Customer.

By accepting these Terms and Conditions of Sale, the Consumer Customer declares to have been duly informed about the conditions, terms, and procedures for exercising this right.

13. LEGAL WARRANTY OF CONFORMITY

Maior Group undertakes to deliver products in conformity with the sales contract, suitable for use, and compliant with the description and characteristics indicated on the Website. Should the products present conformity defects, the Customer shall have the right, free of charge, to have the purchased product restored through repair or replacement, at the Customer’s discretion, pursuant to Articles 130 and 132 of the Italian Consumer Code, where applicable.

14. FORCE MAJEURE

Without prejudice to Maior Group’s obligation to process the order and fulfill the related commitments with the utmost punctuality and diligence, it is understood that in the event of any force majeure (such as, by way of example, general strikes, riots, insurrections, earthquakes, floods) that prevents, in whole or in part, the performance of the obligations, Maior Group shall promptly notify the Customer. The occurrence of a force majeure event constitutes excusable delay, without prejudice to the Customer’s right to cancel the order in case of delay exceeding 60 days.

15. LIMITATION OF LIABILITY OF MAIOR GROUP

15.1 Maior Group accepts no responsibility for any problem arising from causes not attributable to it, such as failures of the Customer’s hardware or software, unavailability of data transmission lines, or other events that determine the impossibility or limitation of Internet access.

15.2 In any case, Maior Group cannot be held liable for damages, losses, or costs incurred by the Customer due to non-performance, delayed performance, or incorrect performance of the supply, the Customer being entitled only to a full refund of any amounts paid at the time of purchase.

15.3 The Supplier accepts no responsibility for any fraudulent or unlawful use by third parties of credit cards (or other payment methods) at the time of payment, provided it has adopted all possible precautions based on the best knowledge and ordinary diligence.

15.4 To the extent permitted by law, Maior Group and OZ shall not be liable to the Customer or any third party for direct or indirect damages, or for any damages of any kind arising out of or in any way connected to the use of the Website and its services, delays or inability to use the Website or related services, or any information, content, or service obtained through the Website.

15.5 To the extent permitted by law, Maior Group and OZ disclaim all liability for consequences arising from possible Website malfunctions and related damages, both to the Customer and any third parties. In no case shall Maior Group and OZ be liable to the Customer, or any party directly or indirectly connected to the Customer, for damages, losses, and costs suffered due to suspensions or interruptions in the operation and availability of the Website caused by force majeure or unforeseeable events.

16. CONFIDENTIALITY

16.1 All information and data relating to products and obtained through access to the Website as well as through their purchase shall be deemed confidential. Any reproduction by the Customer, not previously authorized, of designs and documents shown on the Website is expressly prohibited.

17. STORAGE METHODS

Pursuant to Article 12 of Legislative Decree 70/2003, each order submitted is stored in paper form at Maior Group’s registered office in compliance with applicable confidentiality and security criteria.

18. COMMUNICATIONS

Any communication with Maior Group must be made in writing by sending an email to: store@maior-group.com.

19. ENTIRE AGREEMENT

These Terms and Conditions of Sale consist of all the clauses they contain. Should one or more provisions that are not of fundamental importance be deemed invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.

20. PREVALENCE CLAUSE

In case of interpretative conflict between these Terms and Conditions of Sale drafted in Italian and their translation, the Italian version shall prevail.

21. APPLICABLE LAW AND JURISDICTION

21.1 These Terms and Conditions of Sale, as well as individual online purchases made by the Customer through the Website, are governed exclusively by Italian law.

21.2 Any and all disputes, including precautionary and conservatory proceedings, relating to the interpretation, performance, or termination arising out of or connected with the Contract shall be subject exclusively to the jurisdiction of:

  1. in the case of a Consumer Customer residing in Italy, the court of the Consumer Customer’s place of residence or domicile;
  2. in the case of a non-Consumer Customer or a Consumer Customer not residing or domiciled in Italy, the court of Vicenza.