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Terms of sales

By utilising Malossistore.com.au (the Service) users acknowledge and accept the following terms and conditions:

 

Owner of Malossistore.com.au & related Services

(the Owner)

Malossi S.p.A.
Via Roma, 118/I – 40012 Calderara di Reno (BO), Italy
VAT Number: IT00612981209
Chamber of Commerce of Bologna
amm@malossi.com

 

Information about Malossistore.com.au

Malossistore.com.au is the official website of Malossi, producer of items and accessories related to motorbikes and motors in general. Users can find information about the brand and purchase products online.

 

Content provided by the User

The User is responsible for their own content and that of any third parties that they share through Malossistore.com.au, that they upload and post on or through Malossistore.com.au, or that they transfer by any other means. The User confirms that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.

The Owner does not moderate the content provided by the User or by third parties but will act if complaints are received from other users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

 

Rights over content provided by the User

The only rights granted to the Owner in relation to content provided by the User are those necessary to operate and maintain Malossistore.com.au.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Malossistore.com.au. The Owner is not responsible for the content provided by third parties or for its availability.

 

Registration

In order to use the Service or any part of it, the User must register in a truthful and complete manner by providing all the required data in the relevant registration form. The User must also accept the Privacy Policy and these Terms and Conditions in full. The User is responsible for keeping their login credentials secret.

 

Purchasing Process

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
The User must select the products and complete the check-out, after having verified the information in the order summary. The order is finalised by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.

The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.

 

Availability of products

Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are for representation purposes only and do not constitute a guarantee of the quality of the products.

 

Order Completion

The Order is completed in accordance with the details specified on the Order Summary Page and within the Order Confirmation email, subject to availability of the product ordered. The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.

 

Delivery

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the Purchase Order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.

 

The Service is provided “as is”

The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.

 

Service interruption

The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.

 

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Malossistore.com.au or its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

 

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

 

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

·      reverse engineer, decompile, disassemble, modify or create derivative works based on Malossistore.com.au or any portion of it;

·      circumvent any technology used by Malossistore.com.au or its licensors to protect content accessible via it;

·      copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Malossistore.com.au;

·      use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Malossistore.com.au or its content;

·      rent, lease or sublicense Malossistore.com.au;

·      defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);

·      disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

·      use Malossistore.com.au in any other improper way that violates these Terms.

·       

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Malossistore.com.au or by directly contacting the Owner.

The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

 

Privacy Policy

For information about the use of their personal data, Users must refer to the privacy policy of Malossistore.com.au which is hereby considered to be part of these Terms.

 

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Malossistore.com.au are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

 

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 18 use Malossistore.com.au.

 

Limitations of liability

The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Malossistore.co.uk.

The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

The Owner is not responsible for the improper use of the products and therefore not liable for the damages arising from such behaviour.

 

Use of the products

Some of the products sold on malossistore.com.au are goods designed exclusively for the purpose of racing or other competition use and may only be used for such purpose. The Owner does not guarantee that goods designed for the purpose of completion use comply with the traffic laws and codes of the various nations in which they are situated.

 

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Malossistore.com.au.

Users who continue to use Malossistore.com.au after the publication of the changes accept the new Terms in their entirety.

 

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

The User may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

 

Contacts

All communications relating to Malossistore.com.au must be sent using the contacts stated in this document.

 

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

 

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases where the law provides a sole place of jurisdiction for consumers.

 

Definitions

Service

The service provided by Malossistore.com.au as described in these Terms and as provided on the Malossistore.com.au website

User

Any user of the Service, whether a human being or legal entity.

 

Terms and Conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

 

Order Processing Receipt

Indicates the email that the Owner sends upon receipt of the Order.

 

Order Confirmation

Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.