Terms and Conditions of Sale

1. These general conditions

1.1 What do these general conditions provide?These are the general terms and conditions under which we supply products to you via our website. For Series 1 products, you will find a set of additional general terms and conditions that apply to the supply of Series 1 products in Appendix 2 below.

1.2 Why you should read themPlease read these terms and conditions carefully before placing an order with us. These terms and conditions tell you who we are, how we will provide you with products, how you can return your order, what to do if you have a problem, and other important information. If you believe there is an error in these terms and conditions, please contact us.

2. Information about us and how to contact us

2.1 Who we areWe are Harley-Davidson® Speed ​​Shop Florence – Via Pratese, 99 – 50145 Florence with VAT number 04570980484.

2.2 How to contact usYou can contact us by calling our customer service at +39 055 315879, or by email at speedshopfirenze@autosas.it.

2.3 How can we contact you?If we need to contact you, we will do so by telephone or in writing to the email address or postal address you provide when placing your order.

2.4 “In writing” includes emailsWhen we use the terms “in writing” or “written” in these terms and conditions, this includes email.

3. Our contract with you

3.1 How we will accept your orderOur acceptance of your order will occur when we send you an order confirmation by email containing the details of your order, at which point a contract will be deemed to have been formed between you and us.

3.2 If we cannot accept your orderIf we cannot accept your order, we will notify you and will not charge you for the product. This may be because the product is out of stock, due to unexpected limitations on our resources that we could not reasonably foresee, or because we have identified an error in the product's price or description.

3.3 Your order numberYour order will be assigned an order number, which will be communicated to you when we accept your order. It will be helpful if you provide us with your order number whenever you contact us about your order.

3.4 We only deliver to the following countries: Italy. Unfortunately, we do not deliver to addresses outside of these countries.

4. Our products

4.1 Products may vary slightly from the imagesProduct images on our website are for illustrative purposes only. While we have made every effort to display colors accurately, we cannot guarantee that a device's display of colors accurately reflects the color of the products. The actual product may vary slightly from the images.

4.2 Product packaging may varyProduct packaging may vary from that shown in images on our website.

5. Our right to make changes

5.1 Product ChangesWe can modify our products:

(a)         to reflect changes in relevant laws and regulatory requirements;

(B)         to implement minor technical adjustments and improvements, for example to fix a security issue;

(C)          for any other reason.

Notwithstanding the foregoing, our obligations to you under this Agreement will remain unaffected.

5.2 Changes to these general conditionsWe may make changes to these terms and conditions at any time. By placing an order, you will be deemed to have accepted the version of these terms and conditions as available on this website at the time of placing your order.

6. Supply of products

6.1 Delivery costsShipping costs are those indicated on the Shipping and Delivery page or on the checkout page before completing the order.

6.2 When we will supply the products to youDuring the order process, we will let you know when we will deliver the products. Your shipment will be tracked, and you will be provided with a tracking number in your order confirmation. Estimated delivery times are 3 to 4 business days for standard delivery. Express delivery may be available for an additional fee, with delivery within 1 to 2 business days.

6.3 We are not responsible for delays beyond our control.If the supply of the products is delayed by an event outside our control, we will contact you as soon as possible to inform you and will take steps to minimize the effect of the delay. Provided this is the case, we will not be liable for delays caused by the event, but if there is a risk of a substantial delay, you can contact us to cancel the order and receive a refund for the products you paid for but did not receive.

6.4 If you are not at home at the time of delivery of the productIf there is no one at your address to deliver and the goods cannot be placed through your letterbox, the courier will advise you on how to rearrange the delivery or collect the goods from a local depot.

6.5 If you do not agree on deliveryIf you do not collect the products as agreed or, after an unsuccessful delivery, you do not rearrange delivery or collect the products from a local depot, we may cancel your order and clause 9.2 will apply.

6.6 When you become responsible for the productsAny product ordered will be your responsibility from the moment of delivery to the address you indicate.

6.7 When the products become your propertyAny product ordered will become your property once full payment for the product has been received.

6.8 Reasons why we may suspend supply of the products. We may have to suspend supply of a product to:

(a)         address technical problems or make minor technical changes;

(B)         update the product to reflect changes in relevant laws and regulatory requirements; or

(C)          make changes to the product (only where it is reasonably necessary to make such changes) as notified to you by us.

6.9 Your rights if we stop supplying the productsWe will contact you in advance to let you know that we will suspend the supply of the product, unless the issue is urgent or emergency. You can contact us to cancel your order if we suspend it or notify you that we will suspend it and we will refund any amounts paid for unsupplied products.

6.10 We will not supply the products to you if you do not payWe will not supply any product to you until we have received full payment for that product.

7. Your cancellation and return rights

7.1            Your cancellation and return rights depend on the product purchased, the presence of any defects, and when you decide to cancel or return your order:

(a) If the product is faulty or misdescribed, you may have a legal right to return your order (or to have it repaired or replaced or to obtain a refund of part or all of the price), please refer to clause 10;

(b) If you wish to cancel or return your order because of something we have done or told you we would do, please refer to clause 7.2;

(c) If you have simply changed your mind about the product, Please refer to clauses 7.3 and 7.4. You may be entitled to a refund during the cooling-off period, but this may be subject to deductions.

7.2 Cancelling or returning your order because of something we have done or are about to doIf your order is cancelled or returned for one of the reasons set out in points (a) to (e), we will refund you in full for the price of any undelivered products. The reasons are as follows:

(a)         we have communicated to you an imminent change to the product or to these general conditions that you do not accept (refer to the clause Error! Bookmark not defined.Error! Reference source not found.);

(B)         we have communicated to you an error in the price or description of the product you ordered and you do not wish to proceed with the order;

(C)          there is a risk that supply of the products may be significantly delayed due to events outside our control;

(D)         we have suspended supply of the products or have notified you of our intention to suspend them (see clause 6); or

(E)         You have the legal right to cancel or return your order due to our error.

7.3 Exercising the right of withdrawalFor most products purchased online, you have a legal right to change your mind within 14 days and receive a refund.

7.4 Our guarantee of good faithThe guarantee of good faith offered by Harley-Davidson Speed ​​Shop Florence to its customers extends your statutory rights in the ways set out in the table below. However, please note that our guarantee of good faith does not prevent you from exercising your statutory rights: you will always have the right to cancel your order by exercising your statutory rights under the law, in addition to our guarantee of good faith.

This good faith guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2).

7.5 When you don't have the right to change your mindYou do not have the right to reconsider with respect to:

(i) products sealed for health protection or hygiene reasons, once the seals have been removed after receiving such products;

(ii) products customized for you;

(iii) products with a limited shelf life or expiry date; and

(iv) products that have been mixed with other products and no longer retain their original condition at the time of delivery.

8. How to cancel or return an order

8.1 Let us know that you want to cancel or return your orderTo cancel or return your order, please notify us by completing one of the following steps:

(a) Online (fastest method)Follow the instructions on the Shipping and Returns page of our website.

(b) Telephone or emailCall customer service on 055 315879 or send an email to speedshopfirenze@autosas.itPlease include your name, address, order details, and, if available, your phone number and email address.

(c) By mailPrint the return form as shown in Appendix 1 and send it to the address indicated on the form.

8.2 Returning your orderIf you wish to return your order and receive a refund, you must return it. You must send the products back to us following the instructions on the Shipping and Returns page (see clause 8.1(a)) or (if, in our opinion, the products are not suitable for shipping) you must allow us to collect them from you. If you are exercising your legal right to change your mind, as described in clauses 7.3 and 7.4, you must send the products back to us within 14 days of notifying us that you wish to cancel or return your order.

8.3 When will we pay the return costs?We will cover the return costs:

(a)         if the products are defective or misdescribed;

(B)         if you are cancelling or returning your order for one of the reasons set out in clause 7.2; or

(C)          if you are exercising your right to change your mind under our good faith guarantee under clause 7.4.

In all other circumstances, you are responsible for the return costs.

8.4 How we will refund youIn the event of a refund, we will refund the price you paid for the products, including delivery costs, via the payment method you used. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds in case of exercise of the right of withdrawalIf you exercise your legal right to change your mind, as described under clauses 7.3 and 7.4:

(a)         We may reduce your refund (excluding delivery charges) to reflect any reduction in the value of the product caused by your use of the product in a manner that would not be permitted in a store. If we refund the price paid before we are able to inspect the products and we subsequently discover that you have used them inappropriately, you will owe us an appropriate amount.

(B)         The maximum refund for delivery costs will be equal to the cost of delivery using the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-4 business days at a certain cost, but you choose to have the product delivered within 24 hours at a higher cost, we will only refund the amount you would have paid for the cheaper delivery option.

8.6 When will the refund be made?We will process any refund due to you as soon as possible. If you exercise your legal right to change your mind under clauses 7.3 and 7.4, your refund will be made within 14 days of you returning the product to us or, if earlier, from the day you provide evidence of having sent the product back to us.

9. Our rights to cancel your order

9.1 We may cancel your order at any time by writing to you. if you do not allow us, within a reasonable time, to deliver the products to you or collect them from us.

9.2 You may have to compensate usIf we cancel your order under clause 9.1, we will refund you the price you paid for any products we have not supplied, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breach of contract.

9.3             We can collect a productWe may write to you to notify you that we intend to stop supplying a product. We will inform you in advance of the suspension and will refund any sums paid in advance for products that will not be supplied.

10. In case of problems with the product

10.1 How to report problems to usIf you have any questions or complaints about the product, please contact us (see clause 2.2).

10.2 Return of defective productsWe are committed to delivering products in accordance with the contract and as required by law. However, if a product you receive proves to be faulty (for example, a manufacturing defect), you will be entitled to a full refund. Please return all products following the instructions on the Shipping and Returns page (see clause 8.1(a)). Faulty products will be handled on a case-by-case basis and we will respect your legal rights.

10.3 Obligation to return rejected productsIf you wish to exercise your legal rights to reject the products, you must return them to us as directed on our Shipping and Returns page (see clause 8.1(a)), or (if they are unsuitable for shipping) allow us to collect them from you. We will cover the return shipping costs for faulty products.

11. Price and payment

11.1 Where to find the product priceThe price of the product (which includes VAT or any other similar local tax on goods and services) will be the price indicated on the order pages at the time of ordering. We take every care to ensure that the price of the product communicated to you is correct. However, please refer to clause 11.3 to find out what happens if we discover an error in the price of the product you ordered.

11.2 Application of VAT rate changesIf the rate of VAT changes between the date of your order and the date we supply the product, we will adjust the rate of VAT you pay, unless you have already paid for the product in full before the change in VAT rate takes effect.

11.3 What happens if we got the price wrong?Despite our best efforts, some of the products we sell may be incorrectly priced. We usually check prices before accepting your order, so if a product's correct price at your order date is lower than our stated price at the order date, we will charge the lower amount. If a product's correct price at your order date is higher than our stated price, we will contact you for instructions before accepting your order. If the price is higher than the original price agreed, you will have the right to cancel your order. If we accept and process your order where the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we will be entitled to cancel your order, refund the price paid, and request the return of any products supplied to you.

11.4 When and how to proceed with paymentWe accept several payment methods, which will be displayed when you place your order. Payment for products must be made before they are shipped.

11.5 What to do if you think you have received an incorrect chargeIf you believe you have been charged an incorrect amount, please contact us promptly to let us know (see clause 2.2).

12. Our liability to you for loss or damage

12.1 We are liable to you for losses and damages caused by us which are reasonably attributable to us pursuant to Section 6:95 and other articles of the Dutch Civil Code.If we breach these terms and conditions, we will be responsible for any loss or damage you suffer that is reasonably attributable to our breach of this contract or our failure to use reasonable care and skill, but we will not be responsible for any loss or damage that is not reasonably attributable to us. Generally, loss or damage is not reasonably attributable to us if it is obvious that it will occur or if, at the time the contract was made, both we and you knew that it might occur, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where this would be unlawful.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products that are: as described and match the information we have given you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose known to us; supplied with reasonable care and skill and, if fitted by us, properly fitted; and for defective products.

12.3 We are not responsible for trading lossesWe supply the products exclusively for domestic and private use. Therefore, any business losses cannot reasonably be attributed to us since, as a consumer, you understand that these products are supplied to you exclusively for domestic and private use. If you use the products for commercial, business, or resale purposes, we will not be liable to you for any loss of profit, business losses, business interruption losses, or loss of business opportunity.

13. Your liability to us for loss or damage suffered

13.1 IndemnityYou agree to indemnify, defend, and hold us, our officers, directors, employees, agents, our group companies, and suppliers, harmless immediately upon demand, from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from any breach by you of these terms and conditions.

14. How we may use your personal data

14.1 How we may use your personal dataWe will use your personal data only as indicated on the Privacy and Cookies page of our website.

15. Other important general conditions

15.1 We may transfer this Agreement to any third party with your consent.We may transfer our rights and obligations under this agreement to another organization with your consent. However, we do not require your consent to transfer this agreement as a result of a business acquisition that includes both the rights and obligations under this agreement.

15.2 To transfer your rights to another person, you need our consent.You may only transfer your rights or obligations under these terms and conditions to another person if we agree to this in writing.

15.3 No other person has any rights under this Agreement.This contract is between you and us. No other person will have any rights to enforce any of its terms and conditions. Neither you nor we need anyone else's consent to cancel or return an order or to make changes to these terms and conditions.

15.4 If a court finds any part of this agreement to be unlawful, the remainder of this agreement will continue in effect.Each paragraph of these terms and conditions operates separately. If a court or competent authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we are still entitled to enforce it later.If we do not immediately force you to do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breach of this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

15.6 What laws apply to this agreement and where you can bring legal action?These terms and conditions are governed by Dutch law and you may bring legal proceedings in relation to these terms and conditions and the products in the Dutch courts.

15.7 Your rights. The above law and jurisdiction shall not apply to you to the exclusion of any mandatory consumer rights under the laws of your country of residence.

Attachment 1 – Cancellation Form

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

At Harley-Davidson Speed ​​Shop Florence, located in Via Pratese, 99, 50145 Florence.

I/we [*] hereby give notice that I/we [*] withdraw from my/our [*] contract for the sale of the following goods [*]/for the provision of the following service [*]

Ordered on [*]/received on [*]

Order number

Name of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is notified on paper)

Date

Note: Follow the instructions on the Shipping & Returns page to return items. Any items sent to this address will be returned to you.