General terms and conditions of sale

Introduction

These General Conditions of Sale govern the methods and conditions of sale of the products marketed through the website nolan-helmets.com, hereinafter the “Site”.

The Customer is invited to carefully read these General Conditions of Sale before proceeding with placing an order.

Definitions

For the purposes of these General Conditions of Sale, the terms indicated below, in the singular or plural, have the meaning specified here.

Customer

The natural person who acts for purposes unrelated to his entrepreneurial, commercial, artisanal or professional activity and who holds the qualification of consumer pursuant to article 3 of legislative decree 6 September 2005, n. 206 (Consumer Code), who places a purchase order on the Site.

General Conditions of Sale (GSC)

This set of contractual conditions which exclusively govern the sale of the Products between the Seller and the Customer and which the Customer declares to accept at the time of completing the order.

The conditions relating to the use of the Site are regulated separately in Conditions of Use of the Site, which can be consulted in the appropriate section.

Product

Any goods offered for sale by the Seller through the Site, including, by way of example and not limited to, helmets, visors, accessories and communication devices, as described in the relevant product data sheets.

Site

The IT infrastructure accessible at the address nolan-helmets.com, through which the Seller markets the Products.

Seller

Nolangroup S.p.A., with registered office in Via G. Terzi di Sant'Agata n. 2 Brembate di Sopra (BG) COD. FISC. 00223460122, VAT number IT 01928470168, as a professional pursuant to the Consumer Code.

Object and scope of application of the General Conditions of Sale

These General Conditions of Sale govern the rights and obligations of Nolangroup S.p.A. (hereinafter, the “Seller”) and the Customer in relation to the sale of the Products carried out through the Site.

The conditions relating to the use of the Site are regulated separately in the Conditions of Use of the Site, which can be consulted in the appropriate section.

Sending an order via the Site entails full acceptance of these General Conditions of Sale, by selecting the appropriate checkbox before completing the order, as well as the price conditions in force at the time of the order itself.

The General Conditions of Sale are always accessible on the Site in electronic format, so as to allow them to be stored and reproduced by the Customer.

The Seller reserves the right to modify these General Conditions of Sale; in any case, exclusively the conditions in force and accepted by the Customer at the time the order was sent, without retroactive effect.

Ordering Products

The Products offered on the Site are intended exclusively for sale to consumers, as defined by article 3 of Legislative Decree 6 September 2005, n. 206 (Consumer Code).

Account creation

To place an order, the Customer must create a personal account on the Site, at the latest when sending the order, by filling in the appropriate form with the requested information.

The personal data provided by the Customer are processed in compliance with current legislation on the protection of personal data, as indicated in the Privacy Policy available on the Site.

The Customer undertakes to provide truthful, complete and updated information. Any consequences deriving from the insertion of inaccurate or incomplete data, which prevent the execution of the order (in particular the delivery of the Products), are attributable to the Customer to the extent that they are directly attributable to such inaccuracies.

The account is accessible via personal credentials (email address and password) chosen by the Customer. The credentials are strictly personal and must be kept with the utmost confidentiality.

The Customer is responsible for any activity carried out through his account and undertakes to promptly inform the Seller in case of suspected unauthorized use.

Product Selection

To place an order, the Customer selects the Products of interest and adds them to the cart.

In compliance with article 49 of the Consumer Code, the essential characteristics of the Products are indicated on the pages of the Site dedicated to each Product.

The cart has an exclusively summary function and does not imply the reservation of the Products or the completion of the contract.

The availability of the Products and the final price are confirmed exclusively at the time the order is concluded, according to the procedure indicated on the Site.

Once the selection of the Products has been completed, the Customer proceeds to finalize the order according to the methods indicated in the subsequent phases.

Order procedure

The Customer is redirected to the cart, which contains a summary of the selected Products, their prices, delivery costs and any other applicable costs.

The Customer can change the quantities or remove one or more Products from the cart before proceeding with the order.

To proceed with the purchase, the Customer must access their account or create one, then enter the delivery and billing address (if different), apply any promotional code, choose the delivery method and select the payment method.

Before sending the order, the Customer views a final summary containing all the information required by Article 49 of the Consumer Code and is invited to confirm the order via a button bearing an unambiguous wording indicating the payment obligation (for example: "Order with payment obligation").

The contract is considered concluded when the Seller receives the Customer's order via the Site.

The Customer will receive an order confirmation email without undue delay, containing a summary of the essential information and these General Conditions of Sale on a durable medium.

The Seller reserves the right to refuse or cancel orders, before the conclusion of the contract, in the presence of justified reasons, such as irregularities in payments or pending disputes relating to previous unpaid orders.

Product Availability

The Seller undertakes to process orders within the limits of warehouse availability.

If, after sending the order, one or more Products are unavailable, the Seller will promptly inform the Customer.

In this case, the Customer will be able to choose whether:

• confirm the order limited to the available Products;
• or cancel the order for unavailable Products, with full refund of any sums already paid for such Products.

The refund will be made without undue delay, according to the methods indicated in these General Conditions of Sale.

Price and payment

Price

The prices of the Products indicated on the Site are expressed in euros, including VAT and any other applicable taxes.

Delivery costs are added to the sums due for the purchase of the Products, the amount of which is clearly indicated in the cart and in the order summary before the conclusion of the same.

The applicable price is that indicated at the time of validation of the order. No additional costs will be charged to the Customer other than those expressly indicated before sending the order.

Payment

Payment of the price is due in a single payment at the time of the order.

The accepted payment methods are indicated on the payment page of the Site and may include, by way of example, credit or debit cards (Visa, Mastercard, American Express), PayPal and Apple Pay, via secure payment systems managed by specialized third-party suppliers.

The Customer guarantees that he is legitimately authorized to use the chosen payment method and that he has the necessary funds.

Nolangroup S.p.A. does not apply any additional costs for the use of the indicated payment methods.

Delivery of Products

Territorial scope

The Products are sold exclusively to Customers with delivery addresses located in the following countries of the European Union:
Germany, Austria, Spain, France, Italy, Denmark, Finland, Estonia, Latvia, Lithuania, Slovakia.

Delivery times

Delivery of the Products takes place within the terms indicated in the order summary, depending on the delivery method selected and the place of destination. In particular:

• Standard home delivery:
  (one) -2 (two) days for destination Italy, 1 (one) - 5 (five) working days for other European Union countries;
  
• Express delivery:
  the following day, by 10.30/12.00 in most EU destinations;
  
• Delivery to collection point (“relay point”):
  1 (one) - 2 (two) days for destination Italy, 1 (one) - 5 (five) working days for other European Union countries
  

The delivery terms indicated are contractual in nature and start from the conclusion of the contract, unless otherwise indicated.

Delay in delivery

In the event of failure to deliver within the expected deadline, the Customer may invite the Seller to make delivery within an appropriate additional period, pursuant to Article 61 of the Consumer Code.

If the Seller does not deliver within this additional deadline, or in cases where the delivery deadline must be considered essential or the Seller has declared that it cannot deliver the Products, the Customer has the right to terminate the contract.

In the event of termination, the Seller will refund the Customer all sums paid without undue delay and, in any case, within 14 (fourteen) days from the date of termination of the contract.

Failure to deliver attributable to the Customer

If the failure to deliver or return the package to the Seller is attributable to an act of the Customer (such as, for example, the indication of an incorrect address or the failure to collect the package at the delivery point), the costs directly connected to the storage and any new shipment may be charged to the Customer, provided that such costs are actual and documented.

Receipt of Products

Upon delivery, the Customer is invited to check the integrity of the packaging and the conformity of the Products received.

In the event of a visibly damaged package or the lack of one or more Products, the Customer is invited to make any reservations to the carrier and to promptly inform the Seller, in order to allow appropriate checks.

Failure to formulate reservations at the time of delivery does not prejudice the rights of the Customer in any way deriving from the legal guarantee of conformity or other protections provided by law.

Right of withdrawal

Pursuant to articles 52 and following of the Consumer Code, the Customer has the right to withdraw from the purchase contract within 30 (thirty) days from the date of receipt of the Products, without having to provide any reason and without penalty.

The 30 day deadline constitutes a more favorable condition compared to the legal deadline of 14 days.

The right of withdrawal can be exercised through any explicit declaration of the decision to withdraw from the contract, sent to the Seller, also through the withdrawal form made available on the Site, the use of which remains optional.

The Customer is required to return the Products to the Seller within 30 (thirty) days of notification of withdrawal.

The direct costs of the return are borne by the Customer, unless the return concerns defective or non-compliant Products.

The Seller will reimburse the Customer for all payments received for the Products subject to withdrawal within 14 (fourteen) days from the date on which it was informed of the decision to withdraw, being able to withhold the refund until receipt of the Products or until proof of shipment of the same.

The refund will be made using the same payment method used for the purchase, unless otherwise expressly agreed.

The Customer is responsible for the decrease in value of the Products resulting from handling other than that necessary to establish their nature, characteristics and functioning, pursuant to article 57 of the Consumer Code.

Coordination between right of withdrawal and legal guarantee of conformity

The exercise of the right of withdrawal is distinct and independent from the rights recognized to the consumer in the event of a lack of conformity of the goods.

If the Customer returns a Product due to a lack of conformity, only the provisions relating to the legal guarantee of conformity referred to in articles 128 et seq. of the Consumer Code apply and not the withdrawal regulations.

In such cases:

• no return costs can be borne by the Customer;
• no compensation is due for any use of the asset;
• the Customer fully retains the rights to repair, replacement, price reduction or termination of the contract, as required by law.
  

The Customer's right to exercise withdrawal remains within the terms and conditions established by law if the return of the Product is not motivated by a lack of conformity.

Guarantees

Legal guarantee of conformity

The Seller is responsible towards the Customer for any lack of conformity existing at the time of delivery of the goods and which appears within two (2) years from that moment, pursuant to articles 128 et seq. of the Consumer Code.

Unless proven otherwise, defects of conformity that appear within twelve (12) months of delivery of the goods are presumed to exist at the time of delivery.

In the event of a lack of conformity, the Customer has the right, without charge, to restore the conformity of the goods through repair or replacement, at his choice, unless the requested remedy is impossible or excessively burdensome.

The repair or replacement must be carried out within a reasonable period and in any case not exceeding 30 (thirty) days, without significant inconvenience for the Customer.

If the good is repaired within the scope of the legal guarantee, the Seller's liability period is extended by six (6) months.

In case of replacement of the good, the legal guarantee of conformity starts again for two (2) years from the date of delivery of the replacement good.

Digital contents and digital services

If the contract provides for the supply of digital content or a digital service on a continuous basis, the legal guarantee of conformity applies for the entire duration of the supply, pursuant to articles 135-octies et seq. of the Consumer Code.

The Seller is required to provide the updates necessary to maintain the compliance of the digital contents or services for the period required by law.
Price reduction or termination of the contract

In the event of a lack of conformity of the goods, the consumer has the right to a proportional reduction in the price, keeping the goods, or to termination of the contract, with full reimbursement of the price paid upon returning the goods, in the following cases:

1. the seller has not repaired or replaced the goods;
2. the repair or replacement was not carried out within a reasonable period and in any case not exceeding thirty (30) days from the consumer's request;
3. the repair or replacement has caused significant inconvenience to the consumer, in particular if he has had to bear costs that should have been borne by the seller;
4. the lack of conformity persists despite the seller's attempt to restore the conformity of the goods.

The consumer also has the right to immediately request a price reduction or termination of the contract if the lack of conformity is serious enough to justify such remedies, or if the seller has declared or it is clear that he will not proceed with restoring the conformity of the goods.

Termination of the contract is not permitted if the lack of conformity is minor.

Any period of unavailability of the goods due to repair or replacement suspends the term of the legal guarantee until the compliant goods are returned.

This clause is applied in accordance with articles 128 et seq. of the Consumer Code.

Guarantee for defects in the goods (articles 1490 et seq. of the Civil Code)

The application of the provisions on the matter remains valid, in favor of the consumer warranty for defects in the item sold referred to in articles 1490 and following of the Civil Code, where compatible with the special regulations provided for by the Consumer Code.

In such cases, the consumer has the right, at his choice, to terminate the contract with reimbursement of the price or to a proportional reduction in the price, within the limits and conditions established by law.

The exercise of rights deriving from the guarantee for defects cannot in any case lead to a reduction in the protection recognized to the consumer by the legal guarantee of conformity.

Defect management procedure

In the event of a Product defect, the Customer is invited to inform the Seller, also via the online form available on the Site, providing a description of the defect found and, where possible, useful documentation (such as photographs of the Product or proof of purchase).

The use of the online form is optional and does not prejudice the exercise of the Customer's rights through other methods of communication.

If the request for assistance falls within the scope of a valid warranty, the Seller will provide the Customer with instructions for returning the Product and, where applicable, a pre-paid shipping label.

The Product must be returned with the accessories and documentation originally supplied, unless this is impossible or excessively burdensome for the Customer.

Commercial guarantee

For some Products the Seller may recognize a commercial guarantee lasting five (5) years, the conditions, content and methods of application of which are specifically indicated in the Product sheet or in the attached documentation.

The commercial guarantee is optional and operates in addition to and without prejudice to the consumer's rights deriving from the legal guarantee of conformity and other protections provided by law.

Product Safety

The Products marketed comply with the requirements of Regulation (EU) 2023/988 relating to the general safety of products and are placed on the market in compliance with the safety obligations established by the applicable European and national legislation.

The Products are designed and manufactured to ensure an adequate level of safety under normal or reasonably foreseeable conditions of use. Each Product is accompanied by clear and comprehensible instructions relating to use, maintenance and precautions to be taken for the safety of the user, provided in Italian and available, where applicable, in the attached documentation and/or in the product data sheet.

In compliance with Regulation (EU) 2023/988, information relating to the manufacturer, importer or authorized representative responsible for the Product is made accessible to the public through the packaging, accompanying documentation and/or product sheet.

If a Product is identified as potentially dangerous to safety, the Seller will immediately adopt the measures required by law, including communication to the competent authorities and, if necessary, withdrawal or recall of the Product from the market. The Customers concerned are promptly informed and the corrective measures required by the applicable legislation are adopted, without prejudice to the rights recognized to the consumer by the legal guarantee of conformity and by the regulation on defective product liability.

Extended producer responsibility and environmental obligations

The Seller fulfills the obligations established by Italian and European legislation regarding extended producer responsibility (EPR) and waste management, pursuant to Legislative Decree 3 April 2006, n. 152 and the sectoral legislation applicable to the Products marketed.

In particular, the Seller is regularly registered, where applicable, with the competent environmental consortia and registers (such as, by way of example, those relating to packaging, waste electrical and electronic equipment, batteries and accumulators), and ensures the correct fulfillment of the obligations of prevention, collection and management of waste deriving from the Products placed on the market.

The relevant environmental information and methods of disposal of the Products and packaging are provided to the consumer in accordance with the provisions of current legislation.

Spare parts

The information relating to availability of spare parts, where applicable, and any minimum period of availability are indicated in the documentation supplied with the Product and/or in the relevant product sheet available on the Site, in compliance with current legislation.

Seller's Responsibilities

The Seller takes all reasonable measures to guarantee the correct functioning of the Site; however, it cannot guarantee the absence of interruptions or malfunctions due to technical causes not directly attributable to it, such as, by way of example, Internet network problems.

The Seller carefully ensures the accuracy of the information and images relating to the Products on the Site. Any differences in color or detail compared to the actual Product, due to the settings of the devices used by the Customer, do not affect the conformity of the Product in accordance with the applicable legislation.
The Seller is not liable for failure to fulfill or delay in fulfilling its obligations if this is due to causes of force majeure, unforeseeable events by third parties unrelated to the contractual relationship or events attributable to the Customer.

In any case, the consumer's rights deriving from the legal guarantee of conformity, liability for defective products and any other protection provided by law remain unaffected.

Any hypertext links present on the Site to third-party sites are provided for information purposes. The Seller is not responsible for the contents, services or policies adopted by third-party sites, which remain governed by the conditions of the respective operators.

Customer Responsibilities

The Customer is responsible for the availability and correct functioning of the IT resources and means of communication necessary to access the Site and use its functions.

Intellectual property rights

The Site and all the contents that compose it, including, by way of example and not limited to, trademarks, names, designs, models, logos, graphic elements, photographs, texts, databases and the overall structure of the Site, are protected by current legislation on copyright and industrial property rights and are the property of the Seller or their respective assignees.

Consultation of the Site does not involve the transfer or granting of any intellectual property rights on the contents contained therein, except as expressly permitted by law.

Reproduction of the contents of the Site is permitted within the limits and under the conditions established by current legislation, in particular for personal and non-commercial use, as well as in cases of quotation, reporting, criticism, teaching or other uses permitted by law. Any unauthorized use of the contents, in violation of intellectual property rights, is prohibited.

The creation of hypertext links to the Site that refer to freely accessible pages is permitted, provided that such links do not cause harm to the Seller, do not create confusion as to the origin of the contents and do not suggest the existence of non-existent collaboration or approval relationships. The Seller reserves the right to request the removal of links that are illegal or harmful to its rights or interests.

The Customer undertakes to use the Site and its contents in compliance with the rights of the Seller and third parties and not to engage in behavior likely to damage the Site or the intellectual property rights relating to it.

Applicable law and dispute resolution

These General Conditions of Use and Sale are drawn up in Italian.

The sales contract concluded between the Seller and the Customer is governed by Italian law, without prejudice to the application of the mandatory consumer protection rules established by European Union law.

The contract concluded with the Customer is archived by the Seller for a period of ten (10) years, in compliance with applicable legal obligations.

In the event of a dispute between the Seller and the Customer relating to the validity, interpretation, execution or termination of the contract, the parties may preliminarily attempt an amicable solution.

The Customer has the right to resort, on a voluntary basis, to alternative dispute resolution (ADR) procedures pursuant to articles 141 et seq. of the Consumer Code, making use of a dispute resolution body registered in the list kept by the competent Authority.

Pursuant to Regulation (EU) no. 524/2013, the Customer is also informed of the possibility of using the European online dispute resolution (ODR) platform, accessible at the address: https://ec.europa.eu/consumers/odr

In any case, the Customer's right to appeal to the competent judicial authority remains unaffected. Pursuant to article 66-bis of the Consumer Code, the judge of the consumer's place of residence or domicile has exclusive jurisdiction for disputes brought by the consumer.

The use of amicable settlement or alternative dispute resolution procedures does not suspend or interrupt the statute of limitations or forfeiture periods established by law for the exercise of judicial actions.

Various provisions

Should one or more clauses of these General Conditions of Use and Sale be declared null, invalid or inapplicable pursuant to a legal or regulatory provision, or following a final decision of the competent authority or judicial authority, such nullity or ineffectiveness will not lead to the nullity of the entire contract, which will continue to produce its effects for the remaining provisions, where compatible with the applicable legislation.

It is understood that the nullity or ineffectiveness of a clause cannot in any case lead to a reduction of the rights recognized to the consumer by the mandatory legislation in force.

Failure to exercise, by one of the parties, a right or option provided for in these GTUS cannot be interpreted as a waiver of such right or option, nor can it prejudice the possibility of exercising them subsequently, within the limits permitted by law.