Terms and Conditions

General provisions
These Conditions of Contract govern the agreement entered into by FEEL RACING S.r.l., with registered offices at Valsamoggia loc. Crespellano (BO) Via Provinciale n. 35/C, Tax ID: 03914210376 (also referred to as “Feel Racing”) and the Customer for the sale of the licensed official products with the trademark "Ducati corse" through the website www.arubaracing.it.

Contents of the articles
1.    Definitions    
2.    Purpose of the agreement    
3.    Execution of the agreement    
4.    Consideration, payment terms and conditions    
5.    Late payment or non-payment    
6.    Guarantee and complaints    
7.    Withdrawal     
8.    Processing of personal data     
9.    Final provisions    
10.    Applicable law, jurisdiction and competent court    

1.    Definitions
Where mentioned in the Conditions, the terms set forth below shall have the following meaning:
Consumer: any natural person who submits an order for purposes other than for any business or professional activities conducted, pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code");
Professional: any natural person or legal entity who submits an order as part of the business or professional activities thereof;
Customer: the natural person or legal entity identified in the Order Form.
Conditions: these Supply Conditions;
Order Confirmation: the notification given by Feel Racing to the Customer in which the receipt of the order and its acceptance are confirmed.
Order Form: the electronic form available at
http://shop.arubaracing.it , which, when fully completed by the Customer and sent by the Customer on-line or delivered by another means to Feel Racing after signing; the Order Form constitutes a contractual offer and formalises the order to purchase the Products;
Products: the official licensed products bearing the trademark "Ducati corse"
placed for sale through the website, www.arubaracing.it

2.    Purpose of the Agreement
The purpose of this Agreement is the sale to the Customer of the Products according to the pricing characteristics, type, terms and conditions set forth in the Order Form and on the website www.arubaracing.it

3.    Execution of the Agreement
3.1    Submitting the Order Form, together with payment of the consideration, implies full acceptance by the Customer of the Conditions and constitutes a contractual offer pursuant to Art. 1326 of the Civil Code, in relation to Feel Racing, which is free to accept or refuse this offer. In the event of acceptance, the Agreement shall be deemed to have been executed upon submitting the Order Confirmation.
3.2    The Customer is responsible for the accuracy of the information provided and acknowledges that Feel Racing has the right to have recourse to any further information for the purpose of executing the agreement, in compliance with current legislation.

4.    Consideration, payment terms and conditions, shipment
4.1    Unless otherwise specifically and separately agreed between the Parties, the payment of the consideration for the Products, as indicated in the Order Form shall be made by the Customer when submitting the Order Form itself and in any case prior to submission thereof.
4.2    Any payment made by the Customer shall bear a specific identification number and for this Feel Racing shall issue the respective invoice within the month in question. VAT due shall be applied to all invoiced amounts, which, together with any other fiscal charge arising pursuant to execution of the agreement, shall be borne by the Customer. In any case, the Customer hereby releases Feel Racing from all and any liability resulting from transactions or payments undertaken.
4.3    The Customer acknowledges and accepts that the payment of the price
for the Products must be carried out in accordance with the conditions indicated at
http://shop.arubaracing.it
4.4    The Customer expressly acknowledges and accepts that the invoice may be sent to him/her/it and/or made available in electronic format.
4.5    Feel Racing reserves the right to refuse or not to fulfil orders involving the delivery of the respective Products outside of Italian territory. For deliveries, Feel Racing shall use carriers of its choice. If a Product is marked on the Website as "available", Feel Racing shall undertake to ship said item as soon as possible.
4.6    Feel Racing shall not be responsible for non-delivery or late delivery in the event that it is not able to replace unavailable Products, due to circumstances unrelated to its responsibility and if said unavailability of Products is notified in a timely manner to the Customer. In any case, if the Customer is a Consumer and the unavailability of Products, due to the provisions pursuant to this paragraph, makes it impossible to proceed with the delivery of the Product within 30 (thirty) days from the date of the Order by the respective Consumer, Feel Racing shall undertake to refund to the Customer any payments made in advance of the price within 30 (thirty) days from the date following that on which the Order Form was sent.
4.8 In the event of a purchase made by a Consumer, the risk of accidental loss of the Products shall be borne by Feel Racing until their delivery to the Consumer or to another party indicated by the latter, regardless of whether or not the shipment of the respective Products is insured. In the event of purchase by a party other than a Consumer, the risk of accidental loss of the item shall be borne by the Customer upon delivery of the Product by Feel Racing to the first carrier.

5.    Late payment or non-payment
5.1 In the event that, for any reason, the payment of the price is not valid or is revoked or cancelled by the Customer, or is not completed, confirmed or credited to Feel Racing itself, the latter reserves the right to suspend and/or cancel the shipment and/or shipment of the Products effective immediately.

6.    Guarantee and complaints
6.1.    Guarantee-related legal provisions, including therein, if applicable, the provisions set forth in the Consumer Code on guarantees with respect to Consumers, shall apply to purchases made by Consumers.
6.2.    In any case, the Customer acknowledges and accepts that he/she/it shall be exclusively responsible for verifying the existence of any allergens in the Products that may cause adverse reactions in specific persons and for adopting the respective measures, without this giving rise to any burden and/or liability for Feel Racing.
6.3 Any claims concerning the supply of the Service shall be sent to:
FEEL RACING S.r.L.
Via Provinciale n. 35/C
40056 Valsamoggia loc. Crespellano (BO)
by registered letter with confirmation of receipt within and no later than 14 days from
the date of the issue on which the complaint is based.

7.    Withdrawal
The Customer, whether or not qualified as a Consumer, shall always have the right to withdraw from the Agreement at any time, without any penalty and without indicating the reasons, by written notification and by attaching a copy of an identification document, to be sent according to the terms and conditions in the attached Information relating to the right of withdrawal issued by Feel Racing.

8.    Processing of personal data
The processing of personal data communicated by the Customer to Feel Racing for the purpose of performing this Agreement and the subsequent delivery of Products shall occur in compliance with Legislative Decree 193/2004, the privacy disclosure issued by Feel Racing at the time of registration with the General Register Office or with respect to and by virtue of consent to processing of data provided on such event by the Customer. For the purpose of performing the Agreement, the data being processed may be communicated to third parties, partners and/or suppliers of Feel Racing, even those with headquarters outside of the European Union, in compliance with and according to the limits of art. 42 of Legislative Decree no. 196/2003 and abroad in non-EU countries according to the limits set forth in art. 43 of Legislative Decree no. 196/2003. Notwithstanding the foregoing, any use of the Customer's personal data shall be subject to the provisions contained in the aforementioned privacy disclosure.

9.    Final provisions
9.1    Under no circumstance may any breaches and/or non-compliant actions of the Customer with respect to the Agreement be considered as exceptions thereto or tacit acceptance thereof, even if not challenged by Feel Racing. Any failure by Feel Racing to exercise or assert any right or clause of the Agreement shall not constitute the waiver of such rights or clauses.
9.2    Unless expressed otherwise in the Agreement, all communications sent to the Customer may be undertaken by Feel Racing without exception by hand, e-mail, whether certified or not, registered letter with confirmation of receipt, ordinary post or by fax using the details indicated by the Customer when placing the order and, as a consequence, they shall be considered to be acknowledged by the latter. Any changes to the Customer's addresses and details, including the address and e-mail indicated when placing the order, not notified to Feel Racing according to the conditions set forth in the Agreement may not be the subject of a complaint thereto.
9.3    Any total or partial ineffectiveness and/or invalidity of one or more clauses of the Agreement shall not give rise to the invalidity of the others, which shall be considered fully valid and effective.

10.    Applicable law, jurisdiction and competent court
10.1    The Agreement is exclusively governed by Italian law, with the exclusion of any application of the United Nations Convention on Contracts for the International Sale of Goods.
These Conditions were drafted and prepared in observance and in compliance with the provisions contained in Legislative Decree 206/2005 (Consumer Code), in Law 40/2007 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses) and in Legislative Decree 70/2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market); they shall be understood to be automatically modified and/or adjusted in line with the provisions on the matter in subsequent provisions of the law and/or regulations.
10.2    For anything not specifically set forth in the Conditions, the Parties shall refer expressly, as far as possible, to current legal provisions.
10.3    Italian Courts shall have exclusive jurisdiction to settle and decide upon any and every dispute relating to the interpretation, performance and/or application of the Agreement, unless the Customer acted and executed the Agreement in the capacity of Consumer for purposes other than for any business or professional activities conducted; in this case, the Courts of the country where the Consumer was domiciled at the time of entering into the Agreement shall have jurisdiction, unless the respective Consumer prefers to apply to Italian Courts.
10.4    When, based on the preceding paragraph 2, jurisdiction to settle and decide upon any and every dispute relating to the interpretation, performance and/or application of the Agreement shall relate:
a)    to the Italian Courts, the Court where the defendant is domiciled or is headquartered shall have territorial jurisdiction, unless the Customer acted and entered into the Agreement in the capacity of Consumer for purposes other than for any business or professional activities conducted; in this case, the Court of the District where the Customer was domiciled at the time of entering into the Agreement, if located in Italy, shall have exclusive jurisdiction. Otherwise, the Court of the District where the Supplier is headquartered shall have exclusive jurisdiction.
b)    to the Courts of a country other than Italy, the Court of the district where the Customer is domiciled shall have exclusive territorial jurisdiction, if still located in the territory of the country, where domiciled at the time of entering into the Agreement. Otherwise, if the Customer prefers to apply to Italian Courts, the Court where the Supplier is headquartered shall have exclusive jurisdiction.