Terms and conditions of sale

The products on sale on the website www.swm-motorcycles.it are offered by SWM Motorcycles Srl with registered office in Biandronno (VA), Via Nino Bixio n. 8, Tax Code, registration number in the Varese Company Register and VAT number no. 03401470129. The offer and sale of the products on the Site are governed by these general conditions of sale.

1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

  1. The contract stipulated between SWM and the Customer must be considered concluded with the acceptance, even if only partial, of the order by SWM. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
    These General Conditions, as published and accepted by the Customer at the time of purchase and/or at the time of registration on the Site, regulate exclusively and specifically every purchase made through the site between SWM and the Customer, regardless of his nationality.
  2. Once the online purchase procedure has been completed, the Customer will print or save an electronic copy and in any case keep these General Conditions, in compliance with the provisions of the articles. 49 et seq. Legislative Decree no. 206/2005 on distance selling.

2. PURCHASE METHODS

  1. The Customer can only purchase the products present in the electronic catalog managed by SWM at the time the order is placed, which can be viewed online at the address (URL) www.swm-motorcycles.it, as described in the relevant information sheets. It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size and accessory products present in the figure. All information supporting the purchase is to be understood as simple generic information material, not referable to the real characteristics of a single product.
  2. The correct receipt of the order is confirmed by SWM through a response via e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will contain the Date and Time of execution of the order and a “Customer Order Number”, to be used in any further communication with SWM. The message presents all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, according to the methods described in this document. We always undertake to guarantee the correctness of the information published on the site, but the breadth of the catalog and the amount of information it contains entail the possible risk of a technical inconvenience which mistakenly generates a sales price different from the actual one. We therefore reserve the right to cancel the order in the event of an incorrect publication of a price, and, therefore, it will be our Customer Service’s responsibility to notify the Customer and instruct him with the correct information.
  3. In the event of non-acceptance of the order, SWM guarantees timely communication to the Customer, reimbursing any sums already paid as soon as possible and in any case no later than 14 (fourteen) days from the aforementioned communication.

 

3. PAYMENT METHODS

  1. Advance Bank Transfer: in case of payment by advance bank transfer, the order will be sent only when the amount due is actually credited to SWM’s current account. Proof of the bank transfer, including CRO (operation reference code), must be sent to SWM (via e-mail at ecommerce@swm-motorcycles.it) no later than 3 (three) working days from the date of acceptance of the ‘order. Once this deadline has passed, the order will be considered automatically cancelled.
    The Customer must make the transfer corresponding to the amount specified at the order confirmation to the following bank details:
    Account holder : SWM MOTORCYCLES SRL
    Support bank : INTESA SAN PAOLO
    IBAN : IT62D0306950580100000005395
    Reason : order number indicated on the page and in the e-mail -order confirmation email.
  1. PayPal : by selecting the PayPal payment type, you will be redirected to a page on the PayPal site where you will need to enter your e-mail address and password, and you will be able to make the payment. Financial data will not be shared with SWM but will be managed directly by PayPal.
    We only accept verified PayPal accounts. Connect to the PayPal site to verify your account.
  2. Cash at the registered office of SWM: by selecting the Cash payment type, the Customer must present himself at the registered office of SWM and pay for the order placed online, exclusively up to amounts of Euro 1,000.00 (one thousand/00). When choosing the payment method, the customer will be informed that it will not be possible to accept payments exceeding the thresholds established by the relevant legislation. In the event that the Customer still chooses this payment method for an amount exceeding €1,000.00 It will be SWM’s responsibility, through its customer service, to contact the customer and propose an alternative payment method.

 

4. TRANSPORTATION METHODS AND COSTS

  1. SWM can only accept orders for delivery in the countries indicated at the time of purchase. SWM reserves the right not to accept orders for delivery to locations that are particularly difficult to reach. In these cases, SWM will be responsible for communicating to the Customer the non-acceptance of the Order pursuant to paragraph 2.3. However, delivery to post office boxes or poste post is excluded.
  2. During the purchase procedure, the Customer must request SWM to issue the tax invoice, if desired. In this case SWM will send it to the e-mail address or residence address indicated during registration. For the purposes of issuing the invoice, the information provided by the Customer at the time of the Order is valid. After issuing the invoice, it will not be possible to modify the data indicated, therefore the Customer is invited to carefully check the data entered before proceeding with sending the Order. If the invoicing document is not requested at the same time as the insertion of the order cannot under any circumstances be issued subsequently.
    The SWM sales system, as an online seller, does not require the issuing of an invoice (nor of a receipt or tax receipt) to a consumer (not holding a VAT number), according to art. 22 of the Presidential Decree of 10.26.1972, n. 633 and art. 2, l. oo) of the Presidential Decree of 12.21.1996, n. 696 (as confirmed by Resolution no. 274/E of 5.11.2009). If the issuing of the invoice is not requested by the Customer, SWM will still send the consumer to the e-mail address or residence address indicated during registration, a purchase receipt, without tax validity, useful for the sole purpose of assistance or warranty.
  3. In case of supply with an amount equal to or less than €200.00 VAT INCLUDED, the TRANSPORT COSTS EQUAL TO €9.90 VAT INCLUDED are borne by the Customer and explicitly reported at the time of placing the order.
    For orders of an amount equal to or greater than €200.01 VAT INCLUDED, the same transport costs will be borne by SWM. Payment for the goods and transport costs by the Customer will take place using the method chosen in the act of order. Nothing more is owed by the Customer than the order total.
  4. The availability of the products on sale is limited to the availability of the products themselves and is a condition for the validity of the offers. In the event of exhaustion – even temporarily – of stocks, SWM has the right to refuse the customer’s purchase request by means of a formal communication via e-mail, which may also indicate any substitute products available for an amount equal to or greater than the one purchased. , with payment by the Customer of any price difference. Except in the case in which the customer requests to purchase a product to replace the sold out one, SWM will reimburse any sums already paid by the Customer as soon as possible and in any case no later than 14 (fourteen) days from the date on which the the order has been cancelled. SWM will be able to process the order in the shortest possible time, no later than 3/5 (three/five) working days. SWM undertakes to respect, as a maximum delivery time, a period not exceeding 30 (thirty) days, unless cases of force majeure. The maximum delivery time is calculated from the date of receipt of payment. In the event of a delay exceeding 30 (thirty) days, the Customer and SWM will agree on any new delivery date if the Customer does not declare his intention to withdraw from the sales contract by communicating this via the “contact form” under Returns and refunds.
  1. Unless explicitly indicated by SWM Customer Service, delivery is intended to be at street level. Upon delivery of the goods by the courier, the Customer is required to check: – that the number of packages delivered corresponds to what is indicated in the transport document advanced by e-mail; – that the packaging is intact, not damaged, wet or otherwise altered, including the closing materials (adhesive tape or metal straps). Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately reported by placing a WRITTEN CONTROL RESERVE on the courier’s proof of delivery. Once the courier document has been signed, the Customer will not be able to make any objections regarding the external characteristics of what was delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 8 (eight) days of delivery via the “Contact us” form without prejudice in any case to the Customer’s right to the legal guarantee of conformity referred to in in the following point 6 and following and to the right of withdrawal referred to in the following point 5 and following.
  2. In the event of failure to collect the material in stock at the courier’s warehouses within 5 (five) working days due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the sales contract will be considered terminated with refund of the relative price paid by the Customer.

 

5. RIGHT OF WITHDRAWAL

  1. Pursuant to the articles. 52 et seq. of the Legislative Decree. 206/2005, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty , except for the types of products for which this is expressly excluded (see art. 59 Legislative Decree 206/2005) and without prejudice to what is indicated in the following point 5.3.
  2. The right of withdrawal can be exercised within 14 days of receipt of the product in the following ways: the Customer will send an email, addressed to: ecommerce@swm-motorcycles.it The Customer must mandatorily report the Order Number which you will find indicated in the “order confirmation” on the return form received together with the delivery documents. The return of the product must take place at the SWM headquarters within 14 days from the date of exercise of the withdrawal. The costs of re-shipping the returned product are the sole responsibility of the Customer who intends to withdraw from the purchase. In the case of returns of products from non-EU countries, both the shipping costs and the amount of duties and taxes for returning the product are the responsibility of the Customer.
  3. The right of withdrawal is however subject to the following conditions:
    – the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, etc…);
    – the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc…); to limit damage to the original packaging, we recommend, when possible, placing it in a second box, on which to affix the label provided by SWM, showing the RMA number (return authorization code); In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided;
    – the shipment, until receipt is certified in our warehouse, is under the complete responsibility of the customer;
    – in the event of damage to the goods during transport, SWM will notify the customer of the incident within 5 (five) working days of receipt of the goods in its warehouses, to allow him to promptly file a complaint against the courier he has chosen and obtain the reimbursement of the value of the property (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request;
    – SWM will not be liable in any way for damage or theft/loss of goods returned by uninsured shipments.
  1. SWM will reimburse the customer the entire amount paid net of the direct costs of return referred to in the previous paragraph 5.2 within 14 days of receiving the notice of withdrawal, through a procedure for reversing the amount charged to the credit card or by bank transfer. . In the latter case, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the refund (IBAN code of the current account of the invoice holder). SWM may suspend the refund until the products are received or until the Customer demonstrates that they have sent the products back, whichever is earlier.
  2. Without prejudice to the fact that the Customer is responsible only for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves, the right of withdrawal is excluded in relation to:
    – damage of the product for reasons other than its transportation.
    In the event of forfeiture of the right of withdrawal, SWM will provide the relevant communication by email; the product will remain available to the Customer at the SWM warehouse for a period of 30 (thirty) days from the date of sending the email. After this deadline SWM undertakes to return the product to the Customer by courier. Shipping costs and the price of the product, if already refunded, will be charged to the Customer.

 

6. WARRANTIES

  1. The products sold through the Site to the Customer enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code (hereinafter, the “Legal Guarantee”). To benefit from the guarantee, the Customer must keep and show the invoice (or purchase receipt or DDT) that he will receive upon delivery.
  2. The manufacturer’s conventional warranty is provided according to the methods illustrated in the documentation inside the product packaging. It is voluntary in nature and does not replace, limit, exclude or prejudice the right to the Legal Guarantee of Conformity. The duration, territorial extension, methods of use, types of damage/defects covered and any limitations of the Manufacturer’s Conventional Warranty are elements indicated in the so-called warranty certificate contained in the product packaging.
  3. The Legal Guarantee can be requested for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity manifested itself within 2 (two) years from delivery of the product. The Customer is required to report the lack of conformity by contacting Customer Service via email at the following address ecommerce@swm-motorcycles.it. This report must contain an accurate and complete description of the disputed defects or defects. In this case, Customer Service is required to acknowledge the Customer’s communication, giving him instructions for shipping the defective product. The Customer may ask, at his discretion, to repair the product or replace it, at no cost to him, unless the chosen remedy is objectively impossible or excessively burdensome compared to the other taking into account all the circumstances and, in particular, those listed in article 135-bis, paragraph 2, Consumer Code.
    SWM may refuse to bring the goods into conformity through repair and replacement if repair and replacement are impossible or if the costs it would incur are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis, paragraph 2 , letters a) and b), Consumer Code. The Customer may request, at its discretion, an appropriate reduction in the price or the termination of the Contract where one of the following situations occurs: (i) SWM has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to make the goods compliant pursuant to the previous paragraph; (ii) a lack of conformity appears despite SWM’s attempt to restore conformity to the goods; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the sales contract; (iv) SWM has declared or clearly appears from the circumstances that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience for the Customer. It remains understood that the Customer will not be able to terminate the contract if the lack of conformity is minor.
    Where, after having collected the product, the actual existence of the reported lack of conformity is ascertained, any transport, repair or replacement costs of the product will remain the responsibility of SWM. Otherwise, or where it is verified that the reported lack of conformity does not exist or that the conditions for the applicability of the Legal Guarantee do not exist, the latter will not operate and all transport costs as well as expenses related to the verification of the alleged lack of conformity will be borne by the Customer, who will be notified.
    The Customer acknowledges and accepts that any defects or damage occurring after the time of delivery of the goods are not covered by the Legal Guarantee, such as, for example, those caused by improper use by the Customer or third parties.
  1. No damages can be claimed from SWM for any delays in carrying out repairs or replacements.
  2. In cases where the application of the guarantees requires the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc… ); to limit damage to the original packaging, we recommend, when possible, placing it in a second box; In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided.

 

7. PRIVACY

SWM Motorcycles Srl with headquarters in Via Nino Bixio n. 8, 21024 Biandronno (VA), Italy processes the data relating to the sale of the Products as an independent data controller. We invite you to read the privacy information accessible from the footer of the Site/from the specific section.

8. COMPLAINTS

For any information, or to make a complaint, you can contact SWM Motorcycles Srl with headquarters in Via Nino Bixio n. 8, 21024 Biandronno (VA), Italy, or use the Contact Us form.

9. APPLICABLE LAW

  1. The sales contract between the Customer and SWM is intended to be concluded in Italy and regulated by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his Municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Varese.
  2. These General Conditions of Sale may be modified from time to time, also in response to changes in the relevant legislation. The new General Conditions of Sale will be effective with regard to the sales contracts of the Products stipulated from the date of their publication and acceptance by the Customer.

Pursuant to and for the purposes of Legislative Decree no. 130 of 6 August 2015, containing provisions for the implementation of Directive 2013/11/EU on alternative resolution of consumer disputes, we inform you of the existence of an alternative online dispute resolution platform which can be reached at the following address:

Online dispute resolution. (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT) .