General conditions of sale

Art. 1 – General provisions

1. The user navigating in this area accesses the booking / purchase service of the TOP RACE Park, accessible via the url:

https://booking.sms-timing.com/driver/book/product-list

Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.

2. These General Conditions of Sale apply to the provision of services with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Company: EFFEPARK srl
Headquarters: Via Pasquale Paoli 114
VAT number: 03408340135
Registered in the REA, number CO-313088

3. The user is required, before accessing the services provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which EFFEPARK srl reserves the right to modify unilaterally and without notice.

5. It is possible to use the site and therefore access services provided by the same and purchase these in the following languages:

Italian / English

Art. 2 – Object

1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for services on TOP RACE Park and do not, however, regulate the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.

2. Before placing orders and purchasing products and services from different parties, we recommend that you check their conditions of sale.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.

2. It contains the reference to the General Conditions of Sale, the information on each service purchased, the means of payment that can be used, the conditions for exercising the right of withdrawal.

3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.

4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.

5. The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the “PAY NOW” button at the end of the wizard.

6. Once the contract is concluded, the seller takes charge of the order for its evasion.

Art. 4 – Registered users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.

2. EFFEPARK srl is exempt from any responsibility regarding the data provided by the user. The user undertakes to promptly inform EFFEPARK srl of any variation of his data at any time communicated.

3. If the user then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, EFFEPARK srl will have the right not to activate or suspend the service until the relative deficiencies are rectified.

4. On the occasion of the first request for activation of a profile by the user, EFFEPARK srl will assign the same username and password. On the occasion of each online purchase, the user will receive in the email indicated a code necessary to proceed with the purchase. The user acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect towards you.

5. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 – Methods of payment and prices

1. The price of the services will be that indicated from time to time on the site, except where there is an obvious error.

2. In the event of an error, TOP RACE Park will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, TOP RACE Park will not be obliged to supply what is sold at the lower price incorrectly indicated.

3. The prices of the site include VAT. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.

4. Once the desired services have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.

5. 5. Payment can be made by:
Credit cards (Visa and Mastercard)
Paypal

Art. 6 – Delivery

1. The services provided by the web page will be delivered to the customer immediately and in any case no later than 30 days from the purchase made on the site.

2. The services will be available online or sent to the email address that the customer provided at the time of purchase.

3. If the delivery cannot take place for reasons not attributable to either party, the user will be fully refunded of the payment.

Art. 7 – Transfer of risk

1. The risks relating to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to the same, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.

Art. 8 – Warranty and commercial compliance

1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.

2. If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 24 months from delivery date of the products; that the buyer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled in.

3. In case of non-compliance, the user who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent return of the price.

4. All return costs for defective products will be borne by the seller.

Art. 9 – Withdrawal

1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 14-day term starts from the date of receipt of the last product.

3. The user who intends to exercise the right of withdrawal from the purchase can send an email, indicating the order number and name of the user, to:
info@topracecomo.it

4. The goods can be returned to the Como DRIVER in Via Pasquale paoli 114 in Como.

5. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.

6. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods.

7. The right of withdrawal will not apply if the TOP RACE Park services and products are included in the categories of art. 59 of Legislative Decree 206/2005.

8. The site will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.

Art. 10 – Data processing

1. The purchaser’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the the Information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 11 – Safeguard clause

1. In the event that one of the clauses of these General Conditions of Sale is null for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 12 – Contacts

1. Any request for information can be sent by email to the following address info@topracecomo.it, by telephone to the following telephone number: 0315375766, and by post to the following address:
Via Pasquale Paoli 114
22100 Como (CO)

Art. 13 – Applicable law and competent court

1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.

2. Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drawn up on 19/02/2021.