Terms and Conditions
GENERAL CONDITIONS OF SALE ELLEA ENGINEERING S.R.L.
1. Background
1.1 These general conditions of sale (the “General Conditions”) govern the manner of sale of the product
called the Quasar Inclinometer and any additional products, such as accessories for motorcycles or other types of vehicles, supplied (the
“Products”) through the website https://quasar.elleaing.com (the “Site”) by:
ELLEA Ingegneria S.r.l
Corso Vittorio Emanuele II, 83
10128 – Turin
P.IVA IT07920760720 – REA: BA-591297
Cap. soc. € 10,200 i.v.
pec: amministrazione@pec.elleaing.com
Email: info@elleaing.com
(“Ellea” or the “Seller”)
The contractual relationship between the Seller and the person making purchases through the Site who holds the status of “consumer” (the “Customer”)
pursuant to art. 3, paragraph 1, lett. a), Legislative Decree 206/2005 and ss. mm. (the “Consumer Code”) are governed by these Conditions
General, in the most recent version that will be published on the Site at the time of transmission of the order by the Customer, which form an integral and substantial part of any proposal, order and confirmation of purchase order of the Products.
1.2 These Terms and Conditions may be amended by Seller at any time, at its discretion, without
requiring that any notice be given to users of the Site. Any amendments shall be effective as of the date of
posting on the Site and shall be applicable to sales concluded on or after that date.
1.3 Customers are encouraged to print or save these General Terms and Conditions on a durable medium for future reference.
2. Order process and conclusion of the Contract
2.1 The mere presentation of Products on the Site represents a mere invitation to consumers to enter into a contract for the purchase and sale of goods and not a binding offer to Seller (the “Contract”).
2.2 The purchase order of the Products transmitted by the Customer to the Seller through the Site has the value of a contractual proposal. The
Contract shall be deemed concluded with the acceptance, even if only partial, of the order or pre-order by the Seller in the manner described in Article 5.4 below. In case of pre-order of a Product not yet available, the Seller will indicate the time
required for the availability and delivery of the Product purchased by the Customer.
2.3 By accepting these General Terms and Conditions and confirming the purchase order, the Customer declares that he/she has taken
cognizance of all the information provided to him/her during the purchase procedure and accepts in full, unconditionally and without
reservation the General Terms and Conditions and Payment Conditions transcribed below.
2.4 To purchase any of the Products on the Site, the Customer must accept these General Terms and Conditions. Failure to
accept these General Conditions will result in the inability to make purchases on the Site.
3. Site Registration
3.1 The Site allows users to register their own Account to receive newsletters and information about
Ellea’s products and services and/or to access their order history or to save personal and payment details to speed up the process
of future purchases and/or to participate in any promotional initiatives promoted by the Seller. Registration to the Site is free of charge.
To register and access their personal area within the Site, the Customer must fill out the registration form, entering
the required personal data (first name, last name, date of birth for proof of age of majority, possibly required for specific
purchases or to participate in sweepstakes, e-mail address and cell phone number) and a password (the “Credentials of
Registration”). Registration is confirmed by e-mail sent to the e-mail address provided by the Customer. Following
registration, in case of making purchases the Customer will then be required to supplement his/her account by communication of
additional information such as shipping and billing address, if different.
3.2 Customer’s Registration Credentials may be changed at any time by logging into the Site,
by clicking on the “Your Account” section located in the upper right-hand corner of the Site homepage.
3.3 Registration Credentials are to be used exclusively by the Customer and may not be transferred to third parties. The
Customer must notify the Seller without delay in case of suspected misuse of its Registration Credentials.
3.4 The Customer shall be solely responsible for accessing the Site using the Registration Credentials and shall be directly liable for
any damage or prejudice caused to the Seller or third parties by misuse, loss, misappropriation by
third parties or incorrect storage of its Registration Credentials. All transactions made using the Registration Credentials
shall be deemed to have been made by the Customer to whom the Registration Credentials relate.
3.5 The Customer shall immediately inform the Seller if the Customer has reason to believe that the Registration Credentials
have been stolen or generally used by a third party.
3.6 Seller reserves the right not to accept any order that is abnormal in relation to the number of Products
purchased, or the frequency of purchases made on the Site.
3.7 Customer agrees to hold Seller harmless from any indemnification obligation and/or penalty arising from and/or in any way
related to Customer’s breach of the provisions set forth in this section of the General Conditions.
4. Use of the Site
4.1 Users of the Site are expressly prohibited from: (i) interfere or attempt to interfere with the proper functioning of the Site
itself through the use of malicious computer tools; (ii) use the addresses indicated on the Site for the creation of non
authorized mailing lists or illegitimately access the Site, to perform “scraping” and/or “crawling” practices, and/or in general acquire, copy,
transmit any content present on the Site; (iii) decipher, decompile, disassemble, decode or otherwise attempt to
extract codes and/or algorithms related to the Site.
4.2 The Site and all its content, including but not limited to text, directories, guides, photographs, manuals illustrations,
images, video and audio clips and advertising text, as well as trademarks, logos, domain names, firms, and any other material that may be
subject to proprietary rights and/or any other intellectual property (hereinafter, collectively, “Material”), are owned by
Ellea or other third parties of which Ellea is a licensee, and are protected against unauthorized use, copying and dissemination by the laws
national copyright, trademark, advertising and other intellectual property laws and international treaties.
4.3 Nothing contained in these Terms and Conditions and/or the Site should be construed as conferring
implicitly, by acquiescence or otherwise, a license or right to use any Material in any way without the prior
written consent of Ellea or the third party who owns the Material or intellectual property posted on the Site.
4.4 Unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing,
transmission, assignment, distribution or duplication or any other misuse of the Material is prohibited.
5. Conclusion of the Contract
5.1 Once the Customer has identified the Products that he or she intends to purchase, he or she may place them in the Shopping Cart using a special button located
on the Site (the “Shopping Cart”). When the Customer places an online order for the Products that he or she has placed in the Shopping Cart, he or she agrees to purchase them at the
price set forth in the informational material in the relevant section of the Site and under the terms contained in these Terms and Conditions
in effect at the time the order is placed.
5.2 The successful conclusion of the Contract concerning the Products selected by the Customer is confirmed by the Seller
by means of an e-mail message (the “Confirmation Message”).
5.3 The Customer may purchase only the Products in the electronic catalog of the Site at the time of placing the order, as
described in the relevant information sheets.
5.4 In the event that, due to any computer, technical, system or any other error, it appears that
Products are no longer available for purchase, the system will not allow the purchase to be completed. Where the Customer has nevertheless managed to
complete the purchase, it will be the responsibility of the Seller to promptly inform the Customer by e-mail and the Contract will not be deemed to have been concluded. If
payment has already been made, the Seller will refund the cost of the Product purchased within the period of 5 (five) days to
from the day of receipt of payment.
6. Price and shipping charges
6.1 The sale price of the Products, stated on the Site at the time of the conclusion of the Contract and set forth in the
Confirmation Message, is inclusive of standard packaging costs, VAT if applicable and any indirect taxes (if applicable). Unless
is expressly stated on the Site in relation to specific Products, the price does not include shipping costs, which will be calculated
and displayed at the time of the conclusion of the purchase process, prior to the conclusion of the Contract and the making of the
payment, according to the country of shipment.
6.2 If the Products are to be delivered to a country outside the European Union, the total price indicated
in the order and stated in the Confirmation Message, is exclusive of any customs duties and any other taxes applied locally
on sales, which the Customer agrees as of now to pay directly, if due, in addition to the price indicated in the
Confirmation Message, in accordance with the legal provisions of the country to which the Products are to be delivered. The Customer is invited
to inquire with the competent bodies in his country of residence or destination of the Products, in order to obtain information
about any duties or taxes applied in his country of residence or destination of the Products.
6.3 Any additional costs, charges, taxes and/or levies that a given country may
apply, for any reason whatsoever, to the Products covered by the Contract and ordered under these General Conditions shall also be borne exclusively by the Customer.
6.4 Failure to be aware of the costs, charges, duties, taxes and/or levies referred to in Sections 6.3 and 6.4 above at the time of sending
an order to the Seller shall not constitute cause for termination of the Contract and that Seller shall not in any way charge the aforementioned
charges to the Seller.
7. Methods of payment
7.1 The Customer may make payment for the Products by: debit/credit card and/or digital payment applications (e.g.
Klara): the chosen payment instrument is charged at the same time as the order or pre-order is confirmed.
7.2 At no time during the purchase process does the Seller come into possession of or is able to know – nor, therefore,
store or store or use – data and information regarding the payment instrument used by the Customer, transmitted
via secure connection directly from the payment gateway service provider handling the transaction.
7.3 Under no circumstances, therefore, can the Seller be held responsible for any fraudulent and improper use of
credit cards by third parties, when paying for the purchased products. In case of cancellation of the order, either by the Customer or
in case of non-acceptance of the same by the Seller, will be requested simultaneously by the Seller to cancel
the transaction. Cancellation times, for some types of cards, depend solely on the banking system. Once
carried out the cancellation of the transaction, under no circumstances can the Seller be held liable for any damages, direct
or indirect, caused by delay in the failure of the banking system to refund the amount.
7.4 The Seller and/or the payment gateway service provider reserves the right to request from the Customer additional information
(e.g. landline phone number) or to send copies of documents proving the ownership of the card used. In the absence
of the requested documentation, the Seller reserves the right not to accept the order or the payment gateway service provider
may not process the transaction.
7.5 If payment is made by credit card, the Consumer will be transferred to a secure site of the provider of the
payment gateway service, and the credit card data will be communicated directly to the provider of the
payment gateway service that handles payments on behalf of the Seller. The transmitted data will be sent in a secure mode, through the
encrypted transfer of data using SSL (SecureSocketLayer) or TLS (Transport Layer Security).
7.6 Where required by applicable law, Seller shall issue accompanying tax receipts for the Products. For the issuance
of the tax document, the information provided by the Customer at the time of purchase shall be binding. After the issuance of the tax document not
will be possible to make changes.
8. Shipping and Delivery of Products
8.1 The cost of shipping the Products shall be borne by the Customer, to the extent communicated by the Seller prior to the completion
of the purchase.
8.2 The Site/Confirmation Message states the estimated timeframe for order fulfillment and delivery of the Products.
Seller reserves the right not to accept orders with delivery to locations not reached by its shippers, to P.O. Boxes or
post office stationary.
8.3 The purchased Products will be shipped by courier (the “Carrier”) and delivered on business days (thus excluding Saturdays,
Sundays and local and national holidays), within the timeframe communicated/indicated by the Seller (except where a force
major event or unforeseeable circumstance occurs). If delivery does not take place within the specified time, the Customer may contact
Seller, at the contact details indicated in Article 1 above.
8.4 For the purpose of delivery of the Products, the Customer shall provide all necessary information, including the
shipping address and telephone number of the person to whom it is to be delivered, if different from the person placing the order.
Delivery will be made only to the hands of the addressee indicated by the Customer at the time of purchase, which will be indicated on the waybill
. The Customer expressly agrees that the Carrier may reserve the right to request, at the time of delivery, suitable
identification documents.
8.5 Upon delivery of the Products by the Carrier, the Customer is required to check that the packaging is intact,
not damaged, or wet or otherwise altered, including the sealing materials.
8.6 Any damage to the packaging of the Products or the mismatch in the number of packages or any discrepancies from the
recipient’s references must be reported immediately to Seller by providing evidence of the presence of defects by
appropriate photographic documentation.
8.7 This is without prejudice to the Customer’s right to file complaints with reference to any defects in the Products received, subject to the conditions
set forth in Article 10 below.
8.8 The risk of loss of or damage to the Products purchased shall be transferred to the Customer only when the latter
has acquired physical possession of the same and has not timely reported the defects referred to in Article 8.5 above in accordance with
the manner set forth in Article 10 below.
8.9 The Customer will acquire ownership of the Products purchased upon full payment of the amount due for
the purchase of the Products, including any shipping costs.
8.10 In the event of non-delivery due to the absence of the recipient, instructions will be provided to the Customer by the Carrier.
9. Right of withdrawal
9.1 Pursuant to articles 52 ff. of the Consumer Code, the Customer has the right to withdraw from the Purchase Agreement for any
reason, without the need to provide explanations and without any penalty, within 14 (fourteen) days from the date of delivery, understood as
the date on which Customer, or the person appointed by him, acquires physical possession of the Product by sending to the Seller a communication
written to the contact details indicated in the previous art. 1, prior to the deadline for withdrawal, also possibly using
standard withdrawal form.
9.2 Following the exercise of the right of withdrawal in the manner provided for in Article 9.1, the Customer is required to return to the Seller the Products
for which the Customer has exercised the right of withdrawal within the term of 14 (fourteen) days from the date of communication4
of the withdrawal to the Seller. The Customer is entitled to exercise the right of withdrawal with respect to the purchased Product in its entirety,
therefore, it is not possible to exercise the right of withdrawal only on a part and/or component of the purchased Product.
9.3 The Products for which the Customer has exercised the right of withdrawal must be returned to the Seller with shipping costs
borne by the Seller, complete with everything originally delivered to the Customer, as well as packaged in the original wrappings, under penalty of not
accepting the return. A copy of the Confirmation Message sent by the Seller must be included inside the packaging.
9.4 The Seller shall proceed to refund the amount paid by the Customer by re-crediting the means of payment used by the
Customer at the time of purchase, without undue delay and in any event within 14 (fourteen) days of receipt of the goods
purchased.
9.5 Upon their arrival at the warehouse, the Products for which the Customer has exercised the right of withdrawal will be examined to assess
any damage or tampering not resulting from transport. The Customer shall be responsible for any decrease in the value of the Products
resulting from handling the same other than what is necessary to establish the nature, characteristics and functioning
of the same and, in this regard, the Seller reserves the right to retain an amount it deems fair by reason of the decrease in
value.
9.6 If the returned Products are damaged (e.g. with signs of wear and tear, abrasion, nicks, scratches, deformations,
etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not
accompanied by the enclosed instructions/notes/manuals, original packaging and packing and warranty certificate, if any, the return
of the Product will not be accepted and the Seller will therefore not proceed with the relevant refund.
10. Legal warranty
10.1 All Products purchased by the Customer are covered by the warranty of 24 (twenty-four) months, starting from the date of delivery of the
same, for conformity defects, pursuant to articles 130 ff. of the Consumer Code. It is excluded the application of any warranty in
case of use of the Product in a manner that does not conform to that proper to the Product itself and/or to the instructions/warnings (attached to the product) in this regard provided
by the Seller, or reported in the illustrative reference documentation, including the case of tampering and/or replacement of
parts of the Product and/or damage to the Product caused by the intentional or accidental intervention of the Customer or third parties.
10.2 If a purchased Product has manufacturing defects or, in any case, an alleged non-conformity, the Customer
is required to contact the Seller, at the contact details indicated in art. 1, transmitting suitable photographic documentation relating to the defect or
defect found. Failing the above, the return will be rejected by the Seller.
10.3 The Customer has the right to request, free of charge, the repair or replacement of the Product that has defects or non
conformity within the limits provided by law. Alternatively, where one of the above remedies is not available, the Customer may
obtain a reduction in the price of the Products purchased (by partial refund by the Seller on the means of payment
used for the purchase), or terminate the Contract. Where the Customer fails to notify the Seller of the non-conformity within 2
(two) months from the date he/she becomes aware of it, the Customer shall forfeit his/her rights under this Article, in accordance with
provisions of the Consumer Code.
10.4 Defective Products may be returned by courier, with shipment addressed to Seller, to the addresses listed
in Article 1.
10.5 In case of return by courier, the shipping costs for the return of the Products to be repaired or replaced in accordance
with the provisions of this clause will be borne by the Seller, as well as the costs related to the redelivery to the Customer of the repaired or replacement Product
. In the event that the defects or non-conformities reported are not actually found by the Seller at
verification of the Product returned under warranty, the costs of shipping, intervention and redelivery will be charged to the Customer, in the manner of
from time to time indicated by the Seller.
10.6 The Seller shall provide, at no cost to the Customer, for the restoration of the conformity of the Product or its replacement within the time
reasonable from time to time indicated by the Seller. It is understood that in cases of unavailability of the Product, the Seller shall communicate the
termination of the Contract providing for the consequent refund of the price.
10.7 Any refund due as a result of termination of the Contract or price reduction will be made on the same
means of payment used by the Customer at the time of purchase.
11. Limitations of Seller’s Liability
11.1 The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Products in an improper manner and/or
not in accordance with the instructions provided (attached to the product), or in violation of specific applicable rules and regulations. The Seller may be
held liable only for breach of its contractual obligations.
11.2 The Customer is obliged to scrupulously follow the instructions in the manuals and installation guides for the Products, for the
purpose of their correct and safe use. Ellea, moreover, urges Customers to comply with the provisions of the national highway code
and any additional regulations in force in their own country.
11.3 Ellea disclaims all liability for any damage, of any kind, which may directly or indirectly,
result to persons or property, as a result of incorrect assembly or failure to follow all assembly instructions
given in the installation and use manual and guides.
11.4 Notwithstanding the provisions of Article 10 above, the Seller makes no form of representation and/or warranty,
express or implied, as to whether the Products offered are suitable to meet the Customer’s needs.
11.5 In no event shall the Seller be held liable for:
11.5.1 errors in payment through the service offered by the third-party provider, which occurred due to the Customer’s failure to connect
or due to interruption of the same;
11.5.2 any damage caused by the suspension or interruption of the operation of the payment service provider’s site
payment;
11.5.3 any damage resulting from third-party cyber attacks on the payment service provider’s site that change the
information shown on it.
11.6 It is the Customer’s responsibility to verify the completeness of the Product kit before assembling it, Seller shall not
be liable in the event of damage, of any nature whatsoever, resulting from incorrect or incomplete assembly of the Products.
12. Force majeure
12.1 The Seller shall not be liable for any non-performance or delayed performance of any of its
contractual obligations that is caused by events beyond its reasonable control (force majeure), to the extent set forth in Articles 1463 and 1464
of the Civil Code.
12.2 A force majeure event includes any action, event, omission, or accident occurring beyond the reasonable
control of Seller; specifically, but not limited to:
(i) strikes, lockouts, or other industrial action;
(ii) fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, or other natural disasters;
(iii) inability to use railroads, shipping, aircraft, motor transportation, or other means of public or
private transportation;
(iv) acts, decrees, rules, regulations or limitations imposed by governmental authority;
(v) civil insurrections, riots, invasions, terrorist attacks or threats of terrorist attacks, wars or preparation for armed
conflicts.
12.3 The Seller’s performance of its obligations under the Sale and Purchase Agreement shall be deemed to be suspended for
the period during which the force majeure event continues; therefore, the time limit for performance shall be extended by the duration
of such period. The Seller shall do everything reasonably within its power in order to be able to fulfill its contractual obligations
notwithstanding the force majeure event.
13. Customer data and privacy protection
13.1 In order to proceed with the placing of the order and thus the conclusion of the Contract on the basis of these Terms
General Conditions, certain personal data are required through the Site from the Customer.
13.2 The Customer acknowledges that the personal data provided will be recorded and used by the Seller to execute each
purchase made through the Site in the manner set forth in the privacy policy available on the Site (“Policy”), in compliance with
regulations under Italian law and the General Data Protection Regulation (GDPR 679/2016), and, subject to the Customer’s consent, for
any further purposes as set forth in the Policy.
13.3 The Customer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and
true.
13.4 The Customer may at any time update and/or modify his/her personal data provided to the Seller through the appropriate
section of the Site “Account” accessible after authentication.
13.5 For any further information on how the Client’s personal data is processed, please access
the Privacy Policy section.
13.6 The Seller, with regard to credit card payment data uses the services of third party companies which in any case
guarantee to adopt technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the
transmission of information via the web.
14. Applicable law and place of jurisdiction
14.1 The Sale and Purchase Agreement between the Seller and the Customer and these General Conditions are governed by Italian law
and in particular by the Consumer Code, without prejudice to any necessary application rules applicable to Customers residing in
countries other than Italy.
14.2 Any disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions and/or
of the individual contracts of sale between the Seller and the Customer shall be subject to the mandatory territorial jurisdiction
of the court of competent jurisdiction in the place of residence or domicile of the Customer.