Terms and Conditions
1. Subject
1.1. Gruppo Pritelli (VAT No. 02600380402), with registered office in Cattolica, Via Respighi 54, unit 4, is a long-established company operating in the production and distribution of clothing in general, as well as in the production, distribution and sale of merchandising items, with particular experience in the motorcycle sector; Gruppo Pritelli s.r.l. is the exclusive licensee of the distinctive signs of riders from the leading world track-racing championships, such as Marco Simoncelli, Jorge Lorenzo Guerrero and Nicky Hayden, as well as of the renowned motorcycle manufacturer Ducati.
1.2. These general terms and conditions of sale govern the sale and purchase agreement relating to any purchase made through the website www.spaziopritelli.com (hereinafter the “Website”). Gruppo Pritelli s.r.l. owns the Website.
1.3. Any purchase of products made through the Website is entered into between Gruppo Pritelli s.r.l., hereinafter the “Seller”, and the purchaser (hereinafter the “Consumer”) (the Seller and the Consumer hereinafter jointly referred to as the “Parties”).
1.4. Any communication from the Consumer connected and/or related to this agreement—including any reports, complaints, requests concerning the purchase and/or delivery of products, exercise of the right of withdrawal, etc.—must be sent to the Seller at the email address orders@spaziopritelli.com.
1.5. Each purchase is subject to the general terms and conditions of sale published on the Website at the time the agreement is concluded pursuant to Article 3 below.
1.6. The Website is dedicated to retail sales and, as such, is intended exclusively for consumers. The ability to purchase products on the Website is therefore reserved exclusively for a “consumer”, meaning a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out. Anyone who is not a “consumer” is requested not to place orders for products through the Website. In the event that the purchaser cannot be classified as a Consumer, the purchaser shall not be entitled either to the right of withdrawal provided for in Article 10 of these general terms and conditions of sale or to the statutory conformity warranty provided for in Article 8 of these general terms and conditions of sale; in any event, the provisions of the Consumer Code shall not apply.
1.7. By submitting the purchase order, the Consumer agrees that all information relating to the order placed and the general terms and conditions of sale contained in this agreement may be sent by email to the address provided during registration on the Website or during the purchase process. The Seller reserves the right not to fulfil orders placed by persons other than a “Consumer” or orders that do not comply with its commercial policy.
1.8. To validly enter into this agreement, the Consumer must be of legal age (18 years) and have legal capacity to act, which the Consumer declares to possess.
1.9. Any costs of connecting to the Website via the Internet, including telephone charges, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and availability in different geographical areas. 2.1. The products are sold by the Seller with the characteristics described on the Website at the time the Consumer submits the order and in accordance with the general terms and conditions of sale published on the Website when the order is transmitted, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend these general terms and conditions of sale at any time, at its discretion and in compliance with applicable law. Products are offered under the general terms and conditions of sale displayed on the Website when the order is submitted, while stocks last. Any amendments to the general terms and conditions of sale shall take effect from the date of publication on the Website and shall apply only to agreements concluded after that publication date.
2.3. Prices and goods offered for sale on the Website are subject to change without notice. Before submitting a purchase order pursuant to Section 3 below, the Consumer is therefore requested to check the final sale price.
2.4. The Seller reserves the right, without notice, to change the goods displayed on the Website or their characteristics at any time, without notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any goods offered on the Website, without any obligation to make such changes to goods already sold.
2.6. This Website may be accessed by users worldwide and may contain references to goods that are unavailable or cannot be purchased in the Website visitor’s country.
2.7. The Products displayed on the Website or intended for sale are reserved exclusively for sale in the countries listed on the Website at the time the order is submitted.
3. Conclusion of the agreement. 3.1. The presentation of products on the Website is not binding on the Seller and constitutes merely an invitation to make an offer, not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website constitutes a contractual offer and is subject to these general terms and conditions of sale, which form an integral part of the order; by transmitting the order to the Seller, the Consumer accepts the general terms and conditions of sale in full and without reservation. Before purchasing products by submitting the purchase order, the Consumer will be asked to read these general terms and conditions of sale and the Notice on the Right of Withdrawal carefully, to print a copy using the print command, and to save or reproduce a copy for personal use. The Consumer will also be asked to identify and correct any errors made when entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller when the Seller sends an order-confirmation email to the email address provided by the Consumer when registering on the Website or when submitting the order if the Consumer is not registered on the Website. The email will contain a summary of the order placed and a description of the product ordered. The Consumer’s order and the Seller’s order confirmation will be stored electronically by the Seller in its IT systems, and the Consumer may request a copy by sending an email to the Seller at
3.4. The agreement shall be deemed concluded when the Consumer receives the Seller’s order confirmation by email.
4. Product selection and purchase procedure. 4.1. The products displayed on the Website may be purchased using the purchase procedure available on the Website. This procedure involves selecting the products of interest to the Consumer and placing them in the dedicated virtual shopping cart. Once the products have been selected, in order to purchase the products selected and placed in the cart, the Consumer will be invited to provide the requested data as a “Guest”, register on the Website by providing the requested data, or log in if already registered and the requested data has already been provided.
4.2. To enable the purchase, the Consumer will be asked to verify their details (including, by way of example and without limitation, first name, surname, etc.), the address to which the selected products are to be delivered, the billing address and a telephone number at which they may be contacted regarding the purchase, if these differ from the details provided during registration.
4.3. The Consumer will then see a summary of the order to be placed and may change its contents; after carefully reading them, the Consumer must expressly approve these general terms and conditions of sale, including the individual clauses requiring specific approval, by ticking the appropriate check box on the Website. Lastly, by clicking the “place order” button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will have the effects described in Section 3 of this agreement. Submission of the order entails an obligation to pay.
4.4. The Consumer will also be asked to choose among the available payment methods: credit card or PayPal. If the Consumer chooses immediate payment (at the time of purchase) by credit card or PayPal, the relevant data must be transmitted via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged when the Seller receives the order.
5. Delivery and acceptance of the goods. 5.1. The Website generally indicates the availability and delivery times of each product; however, this information is purely indicative and is not binding on the Seller.
5.2. The Seller undertakes to use all reasonable efforts to meet the delivery times indicated on the Website and, in any event, to make delivery within a maximum of 30 (thirty) days from the date on which the order confirmation is sent to the Consumer, except for goods unavailable in stock and pre-ordered by the Consumer, in which case delivery shall be made within 30 (thirty) days from the date the goods become available. In the latter case, the Consumer shall have the right to withdraw until receipt of the Seller’s notice that the goods are available in its warehouses.
5.3. As the availability of products displayed on the Website cannot be guaranteed, if a product ordered by a Consumer is unavailable, the Seller will promptly inform the Consumer and any payment already made by the Consumer will be promptly refunded.
5.4. The Seller will ship the products using the methods indicated on the Website. The Consumer undertakes to check promptly, and in any event no later than 28 (twenty-eight) days after receiving the products, that the delivery is correct and includes all and only the products purchased, and to notify the Seller within that period of any discrepancy with the order by sending an email to orders@spaziopritelli.com in accordance with the procedure set out in Article 11 below. If the packaging or wrapping of products ordered by the Consumer arrives visibly damaged, the Consumer is requested to refuse delivery by the carrier/shipping agent or accept delivery “subject to inspection”.
5.5. Once the period referred to in Section 5.4 has elapsed, the delivered products shall be deemed definitively accepted by the Consumer. 5.6. If delivery cannot be completed due to failure to clear customs, failure to pay customs duties/taxes/fees, or refusal by the Consumer to take delivery, the shipment may be returned to the sender or held in storage at the discretion of the carrier/customs authorities. In such cases, all storage, release, inspection, return and administrative handling costs shall be borne exclusively by the Consumer. 5.7. The Consumer must actively cooperate with customs clearance (e.g. by promptly providing documents, tax codes/IDs, authorisations and any requested information). Any inaction or delay attributable to the Consumer shall constitute a breach and shall not entitle the Consumer to withdraw by refusing delivery. 5.8. If the shipment is returned to the sender, the Seller may deduct from any refund due to the Consumer all amounts actually incurred and documented for: (i) customs procedures and charges already applied; (ii) storage costs; (iii) return transport costs; and (iv) reasonable administrative costs for handling the case. 5.9. If, for reasons attributable to the Consumer, the goods are confiscated, abandoned or destroyed by the competent authorities, no refund shall be due; the Seller’s right to compensation for any further loss shall in all cases remain unaffected. 5.10. Any refund due shall be issued only after the goods have physically returned to the Seller’s warehouses, their integrity has been verified and the above costs have been deducted.
6. Prices, shipping costs, duties and taxes. 6.1. The price of the products is the price displayed on the Website when the Consumer submits the order. Product prices displayed on the Website include VAT and packaging but exclude shipping costs, which are calculated before the Consumer confirms the purchase and which the Consumer undertakes to pay to the Seller in addition to the price displayed on the Website; they also exclude any taxes or duties of any nature payable in the manner and within the time limits established by each country to which the goods are delivered.
6.2. Based on the country to which the products are to be delivered, the relevant shipping costs will be displayed on the Website during the order-creation process, and the Consumer undertakes to pay those costs in addition to the price of the products ordered.
6.3. The Consumer must pay the Seller the total price stated in the order and confirmed in the order confirmation sent by the Seller to the Consumer by email.
6.4. If the products are to be delivered to a country outside the European Union, the total price stated in the order and repeated in the order confirmation, including VAT and packaging, excludes any customs duties and any other sales tax. The Consumer hereby undertakes to pay such amounts, if due, in addition to the price stated in the order and confirmed in the order confirmation, in accordance with the laws of the country in which the products are to be delivered. The Consumer is invited to contact the competent authorities in their country of residence or the product destination country for information on any duties or taxes of any kind applied there.
6.5. Any further costs, charges, taxes, customs duties and/or levies that a country may apply on any basis to products ordered under this agreement shall be borne exclusively by the Consumer.
6.6. The Consumer declares that they have been informed that customs duties, taxes and customs charges are borne exclusively by them and that lack of knowledge of those charges or an unwillingness to pay them does not constitute grounds for terminating the agreement and does not entitle the Consumer to refuse delivery or completion of customs clearance. 6.7. In the event of failure to clear customs, refusal of the goods or return to sender, the Consumer hereby authorises the Seller to deduct from any refund: (i) customs duties and taxes actually charged; (ii) customs clearance and customs-handling costs; (iii) return and initial shipping costs (where not already deducted); and (iv) storage costs and reasonable administrative expenses . 6.8. If, upon return, the products are found to be damaged, unsaleable or depreciated for reasons not attributable to the Seller, the Seller may deduct, in addition to the amounts above, an amount equal to the assessed depreciation or deny a refund in cases of total loss. 6.9. Upon a simple request sent by the Consumer to the email address specified in these terms, the Seller shall provide a documented statement of the costs deducted.
New Article 6-bis — Customs obligations, refusal and return of goods 6-bis.1. For shipments to countries outside the European Union, the Consumer is the importer and undertakes to fulfil all customs requirements imposed by the law of the destination country, including any tax registrations, provision of identification codes, declarations and documents. 6-bis.2. The Consumer undertakes not to use the right of withdrawal as a means of avoiding customs charges and acknowledges that refusal of delivery or failure to complete customs clearance does not constitute a valid exercise of the right of withdrawal. 6-bis.3. If, due to an act or fault of the Consumer, the shipment is not released within the time limits set by the customs authorities or carrier, the Seller may: (i) request the return of the goods; (ii) agree to their abandonment or destruction if required by the authorities; and (iii) charge the Consumer all related costs in accordance with Sections 5.6–5.10 and 6.7–6.9. 6-bis.4. Where necessary to release the shipment, the Consumer grants a mandate to the carrier/shipping agent and its customs brokers to submit declarations in the Consumer’s name and on the Consumer’s behalf, with all costs and liabilities remaining the Consumer’s responsibility .
7. Payments. 7.1. Orders placed through the Website may be paid for by credit card or PayPal, subject to the conditions described below.
7.2. If payment is made by credit card, the Consumer will be redirected to a secure website and the credit-card details will be communicated directly to NEXI, the payment operator acting on behalf of the Seller. The transmitted data will be sent securely using 128-bit SSL (Secure Socket Layer) encrypted data transfer. Even the Seller cannot access this data.
7.3. The Seller shall promptly provide the invoice/tax documentation relating to the purchase, enclosing it in paper form with the purchased products.
8. Seller’s statutory conformity warranty, reporting lack of conformity and warranty remedies. 8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller warrants to the Consumer that, for a period of 2 years from the date the product is delivered to the Consumer, the products are free from any lack of conformity with the sale agreement and with the information published on the Website.
8.2. Under penalty of forfeiture, the Consumer must report the lack of conformity to the Seller within 2 months of discovering it by emailing orders@spaziopritelli.com and providing proof that the product was purchased from the Seller by attaching the tax document and/or payment receipt, as well as suitable photographic evidence of the reported lack of conformity.
8.3. All warranties are excluded if the product is used in a manner inconsistent with its intended use or with the relevant instructions/warnings provided by the Seller and/or product manufacturer.
8.4. After receiving the report referred to in Section 8.2, the Seller may request further photographic evidence of the reported lack of conformity or explain how the product is to be returned or made available so that it may be examined, including by the manufacturer.
8.5. Through the product manufacturer’s support service, the Seller will carry out quality checks to verify the product’s actual lack of conformity and will reply to the Consumer by email at the address provided during Website registration or the ordering process.
8.6. If the product is found not to conform, the Seller shall refund the Consumer the product price, including the shipping costs incurred to return the non-conforming product, or alternatively, at no cost to the Consumer, repair the product or replace it with a new one; in the latter case, the replaced non-conforming product shall remain the Seller’s property.
8.7. The Seller shall issue the above refund to the Consumer using the same payment method used by the Consumer when purchasing the product.
9. Liability for damage caused by defective products. 9.1. Any damage caused by a defective product shall be governed by European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code). In its capacity as distributor of the products through the Website, the Seller disclaims all liability, without exception, by identifying the relevant product manufacturer.
10. Statutory right of withdrawal and commercial returns policy. 10.1. For distance contracts, the Consumer has the statutory right to withdraw from this agreement within 14 (fourteen) days, without giving any reason and without incurring costs other than those expressly permitted by applicable law. For goods, the withdrawal period expires 14 days after the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, acquires physical possession of the goods. Where a single order is delivered in several lots or pieces, the period begins when the last lot or piece is received. 10.2. To exercise the statutory right of withdrawal, the Consumer must, before the withdrawal period expires, inform the Seller of the decision to withdraw by an unequivocal statement sent to orders@spaziopritelli.com or by using the dedicated online withdrawal function available on www.spaziopritelli.com. Where the online function is used, the Seller shall acknowledge receipt of the withdrawal without undue delay on a durable medium. The Consumer may use the model withdrawal form made available on the Website, but its use is not mandatory.
10.3. The Consumer must send back the goods without undue delay and in any event no later than 14 (fourteen) days after communicating the decision to withdraw. The deadline is met if the goods are dispatched before that 14-day period expires.
10.4. The product must be returned to: GRUPPO PRITELLI S.r.l. E-commerce Racing Via Respighi, 54/4 47841 Cattolica (RN) Italy Customers are reminded to complete the adhesive label with the requested information and affix it to the outside of the parcel. 10.5. The Consumer shall bear the direct cost of returning goods under the statutory right of withdrawal, provided that the Seller informed the Consumer of that obligation before the agreement was concluded. The Seller shall bear return costs where required by law, including for defective or non-conforming goods.
10.6. The Consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. The absence of original packaging does not, by itself, extinguish the statutory right of withdrawal, although any proven diminution in value may be deducted where permitted by law.
10.7. The statutory right of withdrawal is excluded for sealed goods that are not suitable for return for health-protection or hygiene reasons and that were unsealed after delivery. Accordingly, perfumes, cosmetics and personal-care products may not be returned under this exception only where their protective seal has been removed or broken after delivery and the product is genuinely unsuitable for return for health or hygiene reasons. This exception does not affect rights relating to defective, damaged or non-conforming goods.
10.8. Following a valid statutory withdrawal, the Seller shall reimburse all payments received from the Consumer, including the cost of the least expensive standard delivery offered by the Seller. Any additional cost resulting from the Consumer’s choice of a more expensive delivery method is excluded. Reimbursement shall be made without undue delay and no later than 14 days after the Seller is informed of the withdrawal. The Seller may withhold reimbursement until the goods are received or until the Consumer supplies evidence of having sent them back, whichever occurs first.
10.9. Reimbursement shall be made using the same means of payment used for the original transaction, unless the Consumer expressly agrees otherwise, and the Consumer shall not incur fees as a result. 10.10. In addition to the statutory 14-day right of withdrawal, the Seller offers a voluntary commercial returns policy allowing the Consumer to request a return within a maximum of 28 (twenty-eight) days after delivery. From day 15 to day 28, this additional policy is subject to the return conditions published on www.spaziopritelli.com, including the requirement that goods be unused, unworn, undamaged and complete with original packaging, labels, accessories and documentation. Under this voluntary policy, perfumes, cosmetics and personal-care products are not returnable. This commercial policy does not restrict any mandatory statutory right, including rights concerning defective or non-conforming goods. 10.11. For returns shipped from countries outside the European Union, all customs duties, taxes, customs-clearance charges, re-importation costs and related administrative costs shall be borne exclusively by the Consumer, except where mandatory law requires the Seller to bear them, including in the case of defective, damaged or non-conforming goods. 10.12. Refusal of delivery, failure to clear customs or failure to pay duties, taxes or customs charges does not by itself constitute an unequivocal notice of statutory withdrawal. Any refund following a return to sender may be reduced only by costs and diminished value that may lawfully be charged to the Consumer and that are properly documented. 10.13. These provisions shall be interpreted in accordance with mandatory European Union and national consumer-protection law. If any provision of this Article conflicts with a mandatory consumer right, the mandatory rule shall prevail. 10.14. Model withdrawal form. (Complete and return this form only if you wish to withdraw from the agreement.) To: GRUPPO PRITELLI S.r.l., E-commerce Racing, Via Respighi 54/4, 47841 Cattolica (RN), Italy; email: orders@spaziopritelli.com. I/We hereby give notice that I/We withdraw from my/our contract of sale for the following goods: [insert description]. Ordered on/received on: [insert date]. Consumer name: [insert]. Consumer address: [insert]. Consumer signature (only if this form is submitted on paper): [insert]. Date: [insert].
11. Additional cases of return. 11.1. If the product received is defective, damaged or does not correspond to the product ordered, the Consumer should notify the Seller at orders@spaziopritelli.com and, where reasonably possible, attach photographs. The 28-day commercial returns period does not limit the Consumer’s mandatory statutory conformity rights or the applicable legal warranty period.
11.2. After carrying out the appropriate checks, the Seller shall provide return instructions and, where applicable, ask the Consumer to send the product to: GRUPPO PRITELLI S.r.l. E-commerce Racing Via Respighi, 54/4 47841 Cattolica (RN) Italy Customers are reminded to complete the adhesive label with the requested information and affix it to the outside of the parcel. 11.3. The Consumer must take reasonable care of the product and return all available components and accessories. Original packaging, labels and documentation should be included where reasonably available, but their absence shall not by itself extinguish mandatory remedies for defective, damaged or non-conforming goods.
11.4. Where the goods are defective, damaged or non-conforming, the Seller shall bear the necessary return costs and provide the remedies required by applicable law, which may include repair, replacement, an appropriate price reduction or termination of the contract and refund. Any remedy shall be provided without charge, within a reasonable time and without significant inconvenience to the Consumer.
11.5. Any refund shall be made using the same means of payment used for the original transaction, unless the Consumer expressly agrees otherwise, and without fees for the Consumer.
12. Intellectual property rights. 12.1. The Consumer declares that they have been informed that all content on the Website is protected by copyright and other applicable intellectual-property provisions: all rights are owned exclusively by Gruppo Pritelli s.r.l. (the Seller and owner of the Website).
12.2. The Website content may not be reproduced in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Gruppo Pritelli s.r.l. (the Seller and owner of the Website).
13. Consumer data and privacy protection. 13.1. To register, submit an order and thereby conclude this agreement, the Consumer is asked to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with Italian Legislative Decree No. 196/2003, as amended—the Privacy Code—to perform this agreement and, subject to the Consumer’s consent, for any additional activities described in the specific privacy notice provided to the Consumer through the Website upon registration.
13.2. The Consumer declares and warrants that the data provided to the Seller during registration is accurate and truthful.
13.3. The Consumer may update and/or change the personal data provided to the Seller at any time through the “My Account” section of the Website, accessible after authentication.
13.4. For any further information on how the Consumer’s personal data is processed, please consult the Privacy Policy section and carefully read the General Terms of Use.
14. Security. 14.1. Although the Seller adopts measures designed to protect personal data against loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations affecting the protection of electronic communications over the Internet, the Seller cannot guarantee that information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), will not be accessible or visible to unauthorised third parties.
15. Force Majeure. 15.1. The Seller shall not be liable for any total or partial failure to perform its obligations under this agreement where such failure is caused by unforeseeable events and/or catastrophic natural events, acts of terrorism, wars, civil unrest, power outages, general strikes by public and/or private-sector workers, strikes and/or traffic restrictions affecting couriers and air links.
16. Jurisdiction, competent court and applicable law. 16.1. Under these general terms and conditions of sale, this agreement shall be governed and interpreted exclusively in accordance with Italian law. In all cases, any rights granted to the Consumer by mandatory provisions in force in the Consumer’s own country shall remain unaffected.
16.2. The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement is expressly excluded.
16.3. Any dispute arising from or relating to this agreement shall be subject to Italian jurisdiction, and the Court of Rimini, Italy, shall have exclusive jurisdiction.
16.4. For any matter not expressly provided for herein, the provisions of Italian law in force shall apply and, in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005, as amended (Consumer Code).
17. Assignment. 17.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from this agreement without the other party’s prior written consent.
18. Validity of clauses. 18.1. The clause headings used herein are for reference only and shall have no effect on determining the content or interpretation of this agreement.
18.2. These terms do not prejudice the rights granted under Italian law to a Consumer acting as a consumer or the rights guaranteed by the mandatory provisions of the legal system to which the Consumer is subject.
18.3. If a clause or part of a clause in these general terms and conditions is held invalid because it conflicts with or is contrary to a provision of law, all other clauses of this agreement or the remaining parts of that clause shall remain fully valid and effective.
19. Final provisions. 19.1. This agreement supersedes all previous contracts, agreements and understandings between the Parties and, together with the order, the order confirmation and the general terms governing use of the Website, constitutes the entire agreement between the Parties concerning its subject matter.
19.2. The Consumer declares that they were not induced to enter into this agreement by any prior oral representations.
19.3. Any variation or amendment to this agreement must be accepted in writing by both Parties. After rereading them, the following clauses of the general terms and conditions of sale are specifically approved: 4 (product selection and purchase procedure), 6 (prices, shipping costs, taxes and customs duties), 10 (right of withdrawal), and 16 (jurisdiction, competent court and applicable law).
1.2. These general terms and conditions of sale govern the sale and purchase agreement relating to any purchase made through the website www.spaziopritelli.com (hereinafter the “Website”). Gruppo Pritelli s.r.l. owns the Website.
1.3. Any purchase of products made through the Website is entered into between Gruppo Pritelli s.r.l., hereinafter the “Seller”, and the purchaser (hereinafter the “Consumer”) (the Seller and the Consumer hereinafter jointly referred to as the “Parties”).
1.4. Any communication from the Consumer connected and/or related to this agreement—including any reports, complaints, requests concerning the purchase and/or delivery of products, exercise of the right of withdrawal, etc.—must be sent to the Seller at the email address orders@spaziopritelli.com.
1.5. Each purchase is subject to the general terms and conditions of sale published on the Website at the time the agreement is concluded pursuant to Article 3 below.
1.6. The Website is dedicated to retail sales and, as such, is intended exclusively for consumers. The ability to purchase products on the Website is therefore reserved exclusively for a “consumer”, meaning a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out. Anyone who is not a “consumer” is requested not to place orders for products through the Website. In the event that the purchaser cannot be classified as a Consumer, the purchaser shall not be entitled either to the right of withdrawal provided for in Article 10 of these general terms and conditions of sale or to the statutory conformity warranty provided for in Article 8 of these general terms and conditions of sale; in any event, the provisions of the Consumer Code shall not apply.
1.7. By submitting the purchase order, the Consumer agrees that all information relating to the order placed and the general terms and conditions of sale contained in this agreement may be sent by email to the address provided during registration on the Website or during the purchase process. The Seller reserves the right not to fulfil orders placed by persons other than a “Consumer” or orders that do not comply with its commercial policy.
1.8. To validly enter into this agreement, the Consumer must be of legal age (18 years) and have legal capacity to act, which the Consumer declares to possess.
1.9. Any costs of connecting to the Website via the Internet, including telephone charges, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and availability in different geographical areas. 2.1. The products are sold by the Seller with the characteristics described on the Website at the time the Consumer submits the order and in accordance with the general terms and conditions of sale published on the Website when the order is transmitted, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to amend these general terms and conditions of sale at any time, at its discretion and in compliance with applicable law. Products are offered under the general terms and conditions of sale displayed on the Website when the order is submitted, while stocks last. Any amendments to the general terms and conditions of sale shall take effect from the date of publication on the Website and shall apply only to agreements concluded after that publication date.
2.3. Prices and goods offered for sale on the Website are subject to change without notice. Before submitting a purchase order pursuant to Section 3 below, the Consumer is therefore requested to check the final sale price.
2.4. The Seller reserves the right, without notice, to change the goods displayed on the Website or their characteristics at any time, without notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any goods offered on the Website, without any obligation to make such changes to goods already sold.
2.6. This Website may be accessed by users worldwide and may contain references to goods that are unavailable or cannot be purchased in the Website visitor’s country.
2.7. The Products displayed on the Website or intended for sale are reserved exclusively for sale in the countries listed on the Website at the time the order is submitted.
3. Conclusion of the agreement. 3.1. The presentation of products on the Website is not binding on the Seller and constitutes merely an invitation to make an offer, not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website constitutes a contractual offer and is subject to these general terms and conditions of sale, which form an integral part of the order; by transmitting the order to the Seller, the Consumer accepts the general terms and conditions of sale in full and without reservation. Before purchasing products by submitting the purchase order, the Consumer will be asked to read these general terms and conditions of sale and the Notice on the Right of Withdrawal carefully, to print a copy using the print command, and to save or reproduce a copy for personal use. The Consumer will also be asked to identify and correct any errors made when entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller when the Seller sends an order-confirmation email to the email address provided by the Consumer when registering on the Website or when submitting the order if the Consumer is not registered on the Website. The email will contain a summary of the order placed and a description of the product ordered. The Consumer’s order and the Seller’s order confirmation will be stored electronically by the Seller in its IT systems, and the Consumer may request a copy by sending an email to the Seller at
3.4. The agreement shall be deemed concluded when the Consumer receives the Seller’s order confirmation by email.
4. Product selection and purchase procedure. 4.1. The products displayed on the Website may be purchased using the purchase procedure available on the Website. This procedure involves selecting the products of interest to the Consumer and placing them in the dedicated virtual shopping cart. Once the products have been selected, in order to purchase the products selected and placed in the cart, the Consumer will be invited to provide the requested data as a “Guest”, register on the Website by providing the requested data, or log in if already registered and the requested data has already been provided.
4.2. To enable the purchase, the Consumer will be asked to verify their details (including, by way of example and without limitation, first name, surname, etc.), the address to which the selected products are to be delivered, the billing address and a telephone number at which they may be contacted regarding the purchase, if these differ from the details provided during registration.
4.3. The Consumer will then see a summary of the order to be placed and may change its contents; after carefully reading them, the Consumer must expressly approve these general terms and conditions of sale, including the individual clauses requiring specific approval, by ticking the appropriate check box on the Website. Lastly, by clicking the “place order” button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will have the effects described in Section 3 of this agreement. Submission of the order entails an obligation to pay.
4.4. The Consumer will also be asked to choose among the available payment methods: credit card or PayPal. If the Consumer chooses immediate payment (at the time of purchase) by credit card or PayPal, the relevant data must be transmitted via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged when the Seller receives the order.
5. Delivery and acceptance of the goods. 5.1. The Website generally indicates the availability and delivery times of each product; however, this information is purely indicative and is not binding on the Seller.
5.2. The Seller undertakes to use all reasonable efforts to meet the delivery times indicated on the Website and, in any event, to make delivery within a maximum of 30 (thirty) days from the date on which the order confirmation is sent to the Consumer, except for goods unavailable in stock and pre-ordered by the Consumer, in which case delivery shall be made within 30 (thirty) days from the date the goods become available. In the latter case, the Consumer shall have the right to withdraw until receipt of the Seller’s notice that the goods are available in its warehouses.
5.3. As the availability of products displayed on the Website cannot be guaranteed, if a product ordered by a Consumer is unavailable, the Seller will promptly inform the Consumer and any payment already made by the Consumer will be promptly refunded.
5.4. The Seller will ship the products using the methods indicated on the Website. The Consumer undertakes to check promptly, and in any event no later than 28 (twenty-eight) days after receiving the products, that the delivery is correct and includes all and only the products purchased, and to notify the Seller within that period of any discrepancy with the order by sending an email to orders@spaziopritelli.com in accordance with the procedure set out in Article 11 below. If the packaging or wrapping of products ordered by the Consumer arrives visibly damaged, the Consumer is requested to refuse delivery by the carrier/shipping agent or accept delivery “subject to inspection”.
5.5. Once the period referred to in Section 5.4 has elapsed, the delivered products shall be deemed definitively accepted by the Consumer. 5.6. If delivery cannot be completed due to failure to clear customs, failure to pay customs duties/taxes/fees, or refusal by the Consumer to take delivery, the shipment may be returned to the sender or held in storage at the discretion of the carrier/customs authorities. In such cases, all storage, release, inspection, return and administrative handling costs shall be borne exclusively by the Consumer. 5.7. The Consumer must actively cooperate with customs clearance (e.g. by promptly providing documents, tax codes/IDs, authorisations and any requested information). Any inaction or delay attributable to the Consumer shall constitute a breach and shall not entitle the Consumer to withdraw by refusing delivery. 5.8. If the shipment is returned to the sender, the Seller may deduct from any refund due to the Consumer all amounts actually incurred and documented for: (i) customs procedures and charges already applied; (ii) storage costs; (iii) return transport costs; and (iv) reasonable administrative costs for handling the case. 5.9. If, for reasons attributable to the Consumer, the goods are confiscated, abandoned or destroyed by the competent authorities, no refund shall be due; the Seller’s right to compensation for any further loss shall in all cases remain unaffected. 5.10. Any refund due shall be issued only after the goods have physically returned to the Seller’s warehouses, their integrity has been verified and the above costs have been deducted.
6. Prices, shipping costs, duties and taxes. 6.1. The price of the products is the price displayed on the Website when the Consumer submits the order. Product prices displayed on the Website include VAT and packaging but exclude shipping costs, which are calculated before the Consumer confirms the purchase and which the Consumer undertakes to pay to the Seller in addition to the price displayed on the Website; they also exclude any taxes or duties of any nature payable in the manner and within the time limits established by each country to which the goods are delivered.
6.2. Based on the country to which the products are to be delivered, the relevant shipping costs will be displayed on the Website during the order-creation process, and the Consumer undertakes to pay those costs in addition to the price of the products ordered.
6.3. The Consumer must pay the Seller the total price stated in the order and confirmed in the order confirmation sent by the Seller to the Consumer by email.
6.4. If the products are to be delivered to a country outside the European Union, the total price stated in the order and repeated in the order confirmation, including VAT and packaging, excludes any customs duties and any other sales tax. The Consumer hereby undertakes to pay such amounts, if due, in addition to the price stated in the order and confirmed in the order confirmation, in accordance with the laws of the country in which the products are to be delivered. The Consumer is invited to contact the competent authorities in their country of residence or the product destination country for information on any duties or taxes of any kind applied there.
6.5. Any further costs, charges, taxes, customs duties and/or levies that a country may apply on any basis to products ordered under this agreement shall be borne exclusively by the Consumer.
6.6. The Consumer declares that they have been informed that customs duties, taxes and customs charges are borne exclusively by them and that lack of knowledge of those charges or an unwillingness to pay them does not constitute grounds for terminating the agreement and does not entitle the Consumer to refuse delivery or completion of customs clearance. 6.7. In the event of failure to clear customs, refusal of the goods or return to sender, the Consumer hereby authorises the Seller to deduct from any refund: (i) customs duties and taxes actually charged; (ii) customs clearance and customs-handling costs; (iii) return and initial shipping costs (where not already deducted); and (iv) storage costs and reasonable administrative expenses . 6.8. If, upon return, the products are found to be damaged, unsaleable or depreciated for reasons not attributable to the Seller, the Seller may deduct, in addition to the amounts above, an amount equal to the assessed depreciation or deny a refund in cases of total loss. 6.9. Upon a simple request sent by the Consumer to the email address specified in these terms, the Seller shall provide a documented statement of the costs deducted.
New Article 6-bis — Customs obligations, refusal and return of goods 6-bis.1. For shipments to countries outside the European Union, the Consumer is the importer and undertakes to fulfil all customs requirements imposed by the law of the destination country, including any tax registrations, provision of identification codes, declarations and documents. 6-bis.2. The Consumer undertakes not to use the right of withdrawal as a means of avoiding customs charges and acknowledges that refusal of delivery or failure to complete customs clearance does not constitute a valid exercise of the right of withdrawal. 6-bis.3. If, due to an act or fault of the Consumer, the shipment is not released within the time limits set by the customs authorities or carrier, the Seller may: (i) request the return of the goods; (ii) agree to their abandonment or destruction if required by the authorities; and (iii) charge the Consumer all related costs in accordance with Sections 5.6–5.10 and 6.7–6.9. 6-bis.4. Where necessary to release the shipment, the Consumer grants a mandate to the carrier/shipping agent and its customs brokers to submit declarations in the Consumer’s name and on the Consumer’s behalf, with all costs and liabilities remaining the Consumer’s responsibility .
7. Payments. 7.1. Orders placed through the Website may be paid for by credit card or PayPal, subject to the conditions described below.
7.2. If payment is made by credit card, the Consumer will be redirected to a secure website and the credit-card details will be communicated directly to NEXI, the payment operator acting on behalf of the Seller. The transmitted data will be sent securely using 128-bit SSL (Secure Socket Layer) encrypted data transfer. Even the Seller cannot access this data.
7.3. The Seller shall promptly provide the invoice/tax documentation relating to the purchase, enclosing it in paper form with the purchased products.
8. Seller’s statutory conformity warranty, reporting lack of conformity and warranty remedies. 8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller warrants to the Consumer that, for a period of 2 years from the date the product is delivered to the Consumer, the products are free from any lack of conformity with the sale agreement and with the information published on the Website.
8.2. Under penalty of forfeiture, the Consumer must report the lack of conformity to the Seller within 2 months of discovering it by emailing orders@spaziopritelli.com and providing proof that the product was purchased from the Seller by attaching the tax document and/or payment receipt, as well as suitable photographic evidence of the reported lack of conformity.
8.3. All warranties are excluded if the product is used in a manner inconsistent with its intended use or with the relevant instructions/warnings provided by the Seller and/or product manufacturer.
8.4. After receiving the report referred to in Section 8.2, the Seller may request further photographic evidence of the reported lack of conformity or explain how the product is to be returned or made available so that it may be examined, including by the manufacturer.
8.5. Through the product manufacturer’s support service, the Seller will carry out quality checks to verify the product’s actual lack of conformity and will reply to the Consumer by email at the address provided during Website registration or the ordering process.
8.6. If the product is found not to conform, the Seller shall refund the Consumer the product price, including the shipping costs incurred to return the non-conforming product, or alternatively, at no cost to the Consumer, repair the product or replace it with a new one; in the latter case, the replaced non-conforming product shall remain the Seller’s property.
8.7. The Seller shall issue the above refund to the Consumer using the same payment method used by the Consumer when purchasing the product.
9. Liability for damage caused by defective products. 9.1. Any damage caused by a defective product shall be governed by European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code). In its capacity as distributor of the products through the Website, the Seller disclaims all liability, without exception, by identifying the relevant product manufacturer.
10. Statutory right of withdrawal and commercial returns policy. 10.1. For distance contracts, the Consumer has the statutory right to withdraw from this agreement within 14 (fourteen) days, without giving any reason and without incurring costs other than those expressly permitted by applicable law. For goods, the withdrawal period expires 14 days after the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, acquires physical possession of the goods. Where a single order is delivered in several lots or pieces, the period begins when the last lot or piece is received. 10.2. To exercise the statutory right of withdrawal, the Consumer must, before the withdrawal period expires, inform the Seller of the decision to withdraw by an unequivocal statement sent to orders@spaziopritelli.com or by using the dedicated online withdrawal function available on www.spaziopritelli.com. Where the online function is used, the Seller shall acknowledge receipt of the withdrawal without undue delay on a durable medium. The Consumer may use the model withdrawal form made available on the Website, but its use is not mandatory.
10.3. The Consumer must send back the goods without undue delay and in any event no later than 14 (fourteen) days after communicating the decision to withdraw. The deadline is met if the goods are dispatched before that 14-day period expires.
10.4. The product must be returned to: GRUPPO PRITELLI S.r.l. E-commerce Racing Via Respighi, 54/4 47841 Cattolica (RN) Italy Customers are reminded to complete the adhesive label with the requested information and affix it to the outside of the parcel. 10.5. The Consumer shall bear the direct cost of returning goods under the statutory right of withdrawal, provided that the Seller informed the Consumer of that obligation before the agreement was concluded. The Seller shall bear return costs where required by law, including for defective or non-conforming goods.
10.6. The Consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. The absence of original packaging does not, by itself, extinguish the statutory right of withdrawal, although any proven diminution in value may be deducted where permitted by law.
10.7. The statutory right of withdrawal is excluded for sealed goods that are not suitable for return for health-protection or hygiene reasons and that were unsealed after delivery. Accordingly, perfumes, cosmetics and personal-care products may not be returned under this exception only where their protective seal has been removed or broken after delivery and the product is genuinely unsuitable for return for health or hygiene reasons. This exception does not affect rights relating to defective, damaged or non-conforming goods.
10.8. Following a valid statutory withdrawal, the Seller shall reimburse all payments received from the Consumer, including the cost of the least expensive standard delivery offered by the Seller. Any additional cost resulting from the Consumer’s choice of a more expensive delivery method is excluded. Reimbursement shall be made without undue delay and no later than 14 days after the Seller is informed of the withdrawal. The Seller may withhold reimbursement until the goods are received or until the Consumer supplies evidence of having sent them back, whichever occurs first.
10.9. Reimbursement shall be made using the same means of payment used for the original transaction, unless the Consumer expressly agrees otherwise, and the Consumer shall not incur fees as a result. 10.10. In addition to the statutory 14-day right of withdrawal, the Seller offers a voluntary commercial returns policy allowing the Consumer to request a return within a maximum of 28 (twenty-eight) days after delivery. From day 15 to day 28, this additional policy is subject to the return conditions published on www.spaziopritelli.com, including the requirement that goods be unused, unworn, undamaged and complete with original packaging, labels, accessories and documentation. Under this voluntary policy, perfumes, cosmetics and personal-care products are not returnable. This commercial policy does not restrict any mandatory statutory right, including rights concerning defective or non-conforming goods. 10.11. For returns shipped from countries outside the European Union, all customs duties, taxes, customs-clearance charges, re-importation costs and related administrative costs shall be borne exclusively by the Consumer, except where mandatory law requires the Seller to bear them, including in the case of defective, damaged or non-conforming goods. 10.12. Refusal of delivery, failure to clear customs or failure to pay duties, taxes or customs charges does not by itself constitute an unequivocal notice of statutory withdrawal. Any refund following a return to sender may be reduced only by costs and diminished value that may lawfully be charged to the Consumer and that are properly documented. 10.13. These provisions shall be interpreted in accordance with mandatory European Union and national consumer-protection law. If any provision of this Article conflicts with a mandatory consumer right, the mandatory rule shall prevail. 10.14. Model withdrawal form. (Complete and return this form only if you wish to withdraw from the agreement.) To: GRUPPO PRITELLI S.r.l., E-commerce Racing, Via Respighi 54/4, 47841 Cattolica (RN), Italy; email: orders@spaziopritelli.com. I/We hereby give notice that I/We withdraw from my/our contract of sale for the following goods: [insert description]. Ordered on/received on: [insert date]. Consumer name: [insert]. Consumer address: [insert]. Consumer signature (only if this form is submitted on paper): [insert]. Date: [insert].
11. Additional cases of return. 11.1. If the product received is defective, damaged or does not correspond to the product ordered, the Consumer should notify the Seller at orders@spaziopritelli.com and, where reasonably possible, attach photographs. The 28-day commercial returns period does not limit the Consumer’s mandatory statutory conformity rights or the applicable legal warranty period.
11.2. After carrying out the appropriate checks, the Seller shall provide return instructions and, where applicable, ask the Consumer to send the product to: GRUPPO PRITELLI S.r.l. E-commerce Racing Via Respighi, 54/4 47841 Cattolica (RN) Italy Customers are reminded to complete the adhesive label with the requested information and affix it to the outside of the parcel. 11.3. The Consumer must take reasonable care of the product and return all available components and accessories. Original packaging, labels and documentation should be included where reasonably available, but their absence shall not by itself extinguish mandatory remedies for defective, damaged or non-conforming goods.
11.4. Where the goods are defective, damaged or non-conforming, the Seller shall bear the necessary return costs and provide the remedies required by applicable law, which may include repair, replacement, an appropriate price reduction or termination of the contract and refund. Any remedy shall be provided without charge, within a reasonable time and without significant inconvenience to the Consumer.
11.5. Any refund shall be made using the same means of payment used for the original transaction, unless the Consumer expressly agrees otherwise, and without fees for the Consumer.
12. Intellectual property rights. 12.1. The Consumer declares that they have been informed that all content on the Website is protected by copyright and other applicable intellectual-property provisions: all rights are owned exclusively by Gruppo Pritelli s.r.l. (the Seller and owner of the Website).
12.2. The Website content may not be reproduced in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Gruppo Pritelli s.r.l. (the Seller and owner of the Website).
13. Consumer data and privacy protection. 13.1. To register, submit an order and thereby conclude this agreement, the Consumer is asked to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with Italian Legislative Decree No. 196/2003, as amended—the Privacy Code—to perform this agreement and, subject to the Consumer’s consent, for any additional activities described in the specific privacy notice provided to the Consumer through the Website upon registration.
13.2. The Consumer declares and warrants that the data provided to the Seller during registration is accurate and truthful.
13.3. The Consumer may update and/or change the personal data provided to the Seller at any time through the “My Account” section of the Website, accessible after authentication.
13.4. For any further information on how the Consumer’s personal data is processed, please consult the Privacy Policy section and carefully read the General Terms of Use.
14. Security. 14.1. Although the Seller adopts measures designed to protect personal data against loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations affecting the protection of electronic communications over the Internet, the Seller cannot guarantee that information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), will not be accessible or visible to unauthorised third parties.
15. Force Majeure. 15.1. The Seller shall not be liable for any total or partial failure to perform its obligations under this agreement where such failure is caused by unforeseeable events and/or catastrophic natural events, acts of terrorism, wars, civil unrest, power outages, general strikes by public and/or private-sector workers, strikes and/or traffic restrictions affecting couriers and air links.
16. Jurisdiction, competent court and applicable law. 16.1. Under these general terms and conditions of sale, this agreement shall be governed and interpreted exclusively in accordance with Italian law. In all cases, any rights granted to the Consumer by mandatory provisions in force in the Consumer’s own country shall remain unaffected.
16.2. The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement is expressly excluded.
16.3. Any dispute arising from or relating to this agreement shall be subject to Italian jurisdiction, and the Court of Rimini, Italy, shall have exclusive jurisdiction.
16.4. For any matter not expressly provided for herein, the provisions of Italian law in force shall apply and, in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005, as amended (Consumer Code).
17. Assignment. 17.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from this agreement without the other party’s prior written consent.
18. Validity of clauses. 18.1. The clause headings used herein are for reference only and shall have no effect on determining the content or interpretation of this agreement.
18.2. These terms do not prejudice the rights granted under Italian law to a Consumer acting as a consumer or the rights guaranteed by the mandatory provisions of the legal system to which the Consumer is subject.
18.3. If a clause or part of a clause in these general terms and conditions is held invalid because it conflicts with or is contrary to a provision of law, all other clauses of this agreement or the remaining parts of that clause shall remain fully valid and effective.
19. Final provisions. 19.1. This agreement supersedes all previous contracts, agreements and understandings between the Parties and, together with the order, the order confirmation and the general terms governing use of the Website, constitutes the entire agreement between the Parties concerning its subject matter.
19.2. The Consumer declares that they were not induced to enter into this agreement by any prior oral representations.
19.3. Any variation or amendment to this agreement must be accepted in writing by both Parties. After rereading them, the following clauses of the general terms and conditions of sale are specifically approved: 4 (product selection and purchase procedure), 6 (prices, shipping costs, taxes and customs duties), 10 (right of withdrawal), and 16 (jurisdiction, competent court and applicable law).