Terms and Conditions of Sale

General Terms and Conditions of Sale for online purchases on the website www.motostorm.it

Motostorm srl (Motostorm), Largo Centro Studi 11, 47833 Morciano di Romagna, Motostorm.it invites users to review these General Terms and Conditions of Sale which govern the purchase of products and the management of orders placed on the website www.motostorm.it.

• 1. Conclusion of the contract and delivery of products
  • 1.1 When the Customer places a purchase order through the website www.motostorm.it, these Terms and Conditions will apply to the related sales contract between the Customer and Motostorm srl, and specifically according to the Terms of purchase mentioned below.
  • 1.2 By clicking on Confirm, the customer places a binding order regarding the items contained in the virtual shopping cart. Once the order has been transmitted, Motostorm reserves the right to approve the order proposal with a separate confirmation email, which will indicate the bank details to which the payment must be made; the order proposal has no value without acceptance or confirmation by the selling company. The sales contract is therefore concluded between Motostorm and the customer only when the latter receives confirmation of the order. Orders in relation to which the customer has opted for advance payment will be shipped as soon as Motostorm srl receives full payment of the purchase price and any shipping costs. Motostorm therefore invites the customer to pay the price as soon as the order confirmation is received and in any case within 7 days.
  • 1.3 If the products covered by the order are not available for reasons independent of Motostorm's conduct, the latter must promptly notify the customer. In this case, Motostorm will not be obliged to deliver the ordered goods, unless Motostorm has assumed the risk of procurement in relation to the products that form the order in question.
    In any case, if the products ordered are not available, Motostorm will reimburse the customer without delay for any sums already paid.
  • 1.4 Motostorm does not assume the responsibility of having to search for and obtain unavailable products from other suppliers. This provision also applies to orders relating to fungible goods (for which only the type and characteristics of the products are described). Motostorm is only obliged to deliver what is available in the warehouse and what has been ordered from its suppliers. The Motostorm warehouse also includes the warehouses of the respective Motostorm Partners from whom the products ordered by the customer come. If the delivery time is expressed in working days, this means all those between Monday and Friday inclusive, with the express exclusion of any public holidays.
• 2. Prices, shipping costs and express delivery
  • 2.1 The customer is required to pay the price published on the product page at the time of sending the order. The price indicated is final and inclusive of VAT (where applicable).
  • 2.2 Shipping costs are calculated in the cart after selecting the destination country, based on the contents of the order.
• 3. Payment
  • 3.1 Motostorm accepts various payment methods including, but not limited to: credit card, bank transfer, Paypal and cash on delivery. Motostorm reserves the right to refuse certain payment methods and to request different payment methods for certain orders. In the case of payment by bank transfer, please note that the customer is responsible for any costs associated with the transaction.
  • 3.2 In case of purchase made with a credit card, the charge is made at the time of order registration.
  • 3.3 The buyer agrees to receive invoices and credits exclusively in electronic format.
  • 3.4 The buyer who pays with Scalapay receives his order immediately and pays in the number of installments he has chosen. Please note that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that this transfer is authorized.
• 4. Use of discount vouchers
  • 4.1 Discount vouchers cannot be purchased, they are offered by Motostorm as part of promotional campaigns and can be used for a limited period of validity (2 years). Discount vouchers can only be used once in relation to a single order. It is possible that the possibility of using discount vouchers is excluded for the purchase of some products. Discount vouchers cannot be used to purchase gift vouchers. The use of a discount voucher is subject to a minimum purchase amount of 200 Euro.
  • 4.2 The value of the products purchased must be at least 200 Euro. Discount vouchers are not refundable in cash and no interest is accrued on the credit they represent. Discount vouchers will not be refunded if the buyer decides to return the products ordered in part or completely.
  • 4.3 Discount vouchers can only be used if the order is finalized, cannot be used retroactively and cannot be transferred to third parties. It is possible to combine several discount vouchers for the same order provided that each discount voucher can be used on a fraction of 200 Euro of the order.
  • 4.4 The use of discount vouchers may be suspended at Motostorm's discretion during some promotional campaigns (e.g. black friday) and/or for products that already enjoy other offers (Outlet).
• 5. Use of gift vouchers
  • 5.1 Gift vouchers can be purchased, and can only be used for the purchase of Products on the website www.motostorm.it, but not for the purchase of additional gift vouchers. If the value of the gift vouchers is not sufficient to cover the value of the products ordered, the difference can be paid using any of the accepted payment methods.
• 6. Right of withdrawal for Motostorm Products

  The customer has the right to withdraw from any order placed on www.motostorm.it, without providing any reason and with any declaration, provided it is explicit, delivered to Motostorm.
  If the customer intends to return the products purchased, he can use the return procedure on www.motostorm.it. If the customer encounters problems in completing the return procedure or if he needs assistance, he can contact Customer Service (contacts at the bottom of the page). Please always follow the return procedure on www.motostorm.it in order to avoid delays and unnecessary additional costs.

  • 6.1 Information regarding the right of withdrawal (pursuant to art. 49, paragraph 1, letter (h) of Legislative Decree no. 206/2005 "Consumer Code")

    The customer has the right to withdraw from the contract, without stating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the customer in a single order and delivered separately, the period of 14 days starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good. To exercise the right of withdrawal, it is necessary to inform Motostorm srl ([email protected]) of the decision to withdraw from this contract by means of any explicit declaration to that effect (for example, with a letter sent by post, fax or e-mail). To this end, it is sufficient to present any explicit declaration of the decision to withdraw from the contract.

    
    It is also possible to fill in and send the standard withdrawal form electronically or any other explicit declaration to that effect via the motostorm.it website. In this case, Motostorm will transmit a confirmation of receipt of the withdrawal without delay on a durable medium (for example by e-mail). The deadline set for withdrawal is considered respected if the customer sends his declaration before the expiry of the term of 14 days from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the customer in a single order and delivered separately, the period of 14 days starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good.
  • 6.2 Effects of withdrawal

    Following withdrawal from this contract, Motostorm will reimburse all payments made by the buyer, excluding delivery costs, without undue delay and in any case no later than 30 days from the day on which Motostorm is informed by the customer of the decision to exercise the right of withdrawal. These refunds will be made using the same payment instrument used by the customer during the purchase phase, unless otherwise agreed. The refund may be suspended until receipt, by Motostorm, of the products covered by the return.
    The customer is required to return or deliver the products without undue delay and in any case within 30 days from the day on which he communicated his intention to withdraw from the sales contract.

    The Products must be returned:
    • correctly packed in their original packaging, not ruined, damaged or soiled and equipped with all accessories, instructions for use and documentation;
    • equipped with the document obtainable at the end of the return procedure, in order to allow Motostorm to identify the customer (Order number, name, surname and address);
    • without obvious signs of use, if not those compatible with carrying out a normal test of the article (they must not bear traces of prolonged use or in any case exceeding the time necessary for a test and must not be in a state that does not allow resale).

    If the returned product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective. The costs of returning the goods, for orders delivered in Italy, are borne by Motostorm provided that the customer uses the return documents provided by Motostorm and ships the goods from the country in which the delivery took place. Otherwise, the return costs will be borne by the customer. The customer is responsible for any decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the products themselves.

• 7. Possibility of returning the products up to 30 days from receipt
  • 7.1 Without prejudice to the right of withdrawal provided for by law, Motostorm offers the possibility of returning the products purchased up to 30 days from receipt thereof. This possibility allows the customer, after the expiry of the 14-day period provided for withdrawal (see the previous point "Information regarding the right of withdrawal"), to terminate the contract by returning the products ordered to Motostorm within 30 days from the date of receipt of the products themselves.
  • 7.2 To return the products, the customer can use the return procedure to be completed online on the website www.motostorm.it. The customer can contact Customer Service in case of problems with the return procedure.
  • 7.3 The deadline is considered respected if the customer ships the goods before the expiry of the 30-day deadline. However, the possibility of extended return can only be used if the customer has tested/tried the products in the same way and with the same care that he would have used in a physical store and always provided that the products are returned in their original condition, intact, without damage and in the original packaging. In any case, in the short term of 14 days from receipt of the products, the provisions of Legislative Decree 206/2005 (Consumer Code) on withdrawal apply. The possibility of returning the products does not limit in any way the legal guarantee that belongs to the customer without any reservation.
• 8. Refunds
  • 8.1 The customer can decide whether to request a refund, or transform the refund amount into a credit that will be registered on the customer's account, which can be spent in a subsequent order.
  • 8.2 Refunds are credited directly to the account or payment instrument used during the purchase. For payments made by bank transfer, the refund will be made to the account used for the payment after communication of the IBAN on which to make the refund by the customer. For payments made via Paypal or credit card, the refund will be made to the Paypal account or credit card. For payments made by cash on delivery, the refund will be made, alternatively, to the current account that the customer will indicate to Motostorm or by crediting the customer's account.
• 9. Customer Service For any questions, consult our help page or contact us.
• 10. Guarantee for defects and non-conformities of the products and supplementary information
  • 10.1 Purchases made on Motostorm are subject to the rules of the Consumer Code regarding the guarantee for defects and non-conformities of the products. The customer will therefore be recognized the rights referred to in art. 130 of the Consumer Code and these rights must be exercised within the terms referred to in art. 132 of the same Consumer Code.
  • 10.2 These General Conditions of Sale can be consulted on the website www.motostorm.it and can be saved using the relative browser command (usually, File -> Save as). It is also possible to print the page using the browser command.
  • 10.3 It is possible to archive the order details and download the General Conditions of Sale using the relative browser command to save the order summary that appears in the last screen of the purchase procedure, or by waiting to receive the automatic order confirmation message that Motostorm sends via email following completion of the order. This confirmation message includes the order details, and can easily be printed or saved using the functions made available by e-mail programs.
• 11. Applicable law
  • 11.1 These General Conditions of Sale and the sales contracts are governed by Italian law (and in particular by the Consumer Code - which in articles 46 to 67 governs distance contracts - and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and must be interpreted in light of this.
  • 11.2 For any dispute that may arise in connection with the General Conditions of Sale and/or the sales contracts, customers may activate an out-of-court dispute resolution procedure that complies with the requirements of articles 141 et seq. of the Consumer Code.

Last update: 01.09.2025