TERMS AND CONDITIONS OF SALE ONLINE
Please read the following important terms and conditions (the 'Terms') before you buy anything on our site.
1.1Your attention is particularly drawn to clause 13 of these Terms.
1.2This following Terms set out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information we need to provide to you as required by law.
1.3In this contract:
'We', 'us' or 'our' means O.Z. S.p.A; and
'You' or 'your' means the person using our site to buy products from us.
1.4If there is anything in these Terms that you don't understand, please contact us by email to OZShopUK@ozracing.com.
1.5Who are we?
We are registered in Italy.
Our registered office is at: Bassano del Grappa (VI), Via Bastion 49/4, Italy.
Our Tax Code and VAT number is: 00262760242.
2.Our contract with you
2.1If you buy products on our site you agree to be legally bound by these Terms.
2.2These Terms are for sales of products to end-user consumers only. If you are not a consumer and want to buy products from our site for business reasons, please contact us by email to OZShopUK@ozracing.com and we can supply you with a copy of our General Conditions of Sale which apply to business customers.
2.3These Terms are only available in English. Any version translated into another language will not have any effect except where applicable law in your country of residence demands otherwise.
2.4When buying any products on our site you also agree to be legally bound by:
(a)our site terms and conditions and any documents referred to in them;
(b)extra terms which may add to, or replace some of, these Terms which may be added in special circumstances for legal reasons. We will contact you to let you know if we intend to do this and you can end this contract at any time before the changes take effect and receive a refund for any products paid for but not received;
(c)specific terms or conditions which apply to certain products. If you want to see these specific terms, please visit the webpage for the product.
3.Summary of your legal rights
We are under a legal duty to supply products that are in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your 'statutory rights' as a consumer. You may also have other rights in law that are additional to these Terms (see below).
By law up to 14 days after receiving your products, in most cases, you can change your mind and get a full refund.
Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product(s) you're entitled to the following:
up to 30 days: if your products are faulty, then you can get a refund;
up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
up to six years: if the products do not last a reasonable length of time, you may be entitled to some money back.
If you live in the UK, you can contact Citizens Advice for more information. Please visit www.citizensadvice.org.uk or call 03454 04 05 06. If you live in Ireland, you can contact the Competition and Consumer Protection Commission for more information, website www.ccpc.ie/consumers/ or call the Helpline Lo-call: 1890 432 432
The information in this summary box summarises some of your key rights. It is not intended to replace these Terms which you should read carefully.
4.Information we give you
4.1By law, we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, you will find it in the 'Product Details' section of each product webpage, or you can contact us using the contact details at the top of this page.
4.2The key information we give you by law forms part of any contract we enter into in accordance with these Terms (as though set out in full here).
4.3If we have to change any key information once a legally binding contract between you and us is entered into, we can only do this if you agree.
5.Ordering products from us
5.1Below we set out how a legally binding contract is made between you and us.
5.2Please note that if we are making the product to measurements you have given us, you are fully responsible for ensuring that these measurements are correct.
5.3You place an order on the site by following the on-screen instructions on the webpage displaying the product you are interested in. Please select the product (and product options if applicable) when prompted and then add the products to your 'basket'. Once you have finished selecting the products you wish to purchase, you must enter your delivery and payment details.
5.4Please read and check your order carefully before submitting it.
5.5When you place your order at the end of the online checkout process (e.g. when you click on 'submit' or 'confirm'), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
5.6We may contact you to say that we do not accept your order. This is typically for the following reasons:
(i)the products are unavailable;
(ii)we cannot authorise your payment;
(iii)you do not have legal capacity to buy the products from us;
(iv)we are not allowed to sell the products to you (for example, you are outside the territories that we deliver to);
(v)you have ordered too many products; or
(vi)there has been a mistake on the pricing or description of the products.
5.7We will only accept your order when we email you to confirm your order ('Order Confirmation'). Upon this order confirmation, a legally binding contract will be entered into between you and us.
5.8By purchasing a product on this site, you are representing to us that you are at least 18 years of age.
6.Right to cancel this contract
6.1Except as described below in clause 6.5 in relation to custom-made products and subject to clause 7.2, you have the right to cancel this contract for any products purchased without giving any reason within a 14 day cooling-off period.
6.2The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the courier and nominated by you acquires, physical possession of the goods.
6.3To exercise the right to cancel, you must inform us of your decision to cancel this contract by completing the relevant 'return/claim' form online, or by clear statement (e.g. by email or letter sent by post).
6.4To meet the 14 day cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.5For any products you order on this site that are custom-made to your particular requirements, such as semi-finished items that are personalised to specially chosen colours or applications, the right of cancellation does not apply, although it does not affect your statutory rights in relation to faults and other problems as described in clause 10.1.
7.Effects of cancellation
7.1If you cancel this contract during the 14 day cooling off period as described in clause 6 , we will reimburse to you all payments received from you subject to any deductions we may make in the circumstances described clause 7.2. Reimbursement will include us repaying you the costs of standard delivery only (i.e. you will not be due any extra amount if you chose a type of delivery other than the standard delivery offered by us).
7.2If we reimburse you, we may make a deduction from this amount to take account of any loss in value of the products being returned (up to the full amount). This is where there has been unnecessary handling by you other than the minimum needed to reasonably inspect the products (in particular, if you install or use the product on your car) or where there is damage to a product caused by your neglect.
7.3Subject to the above, we will make the reimbursement without undue delay, and not later than:
(a)14 days after the day we received back from you any products supplied; or
(b)(if earlier) 14 days after the day you provide evidence that you have returned the products; or
(c)if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.4We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.5If you have received products and decide to exercise this cancellation right:
(a)you shall send back the products to us by using a reputable international courier, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired; and
(b)you will have to bear the direct cost of returning the products as well as the risk of loss or damage to the products during transportation (unless the products are faulty or misdescibed or you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong).
8.1We use a courier service to deliver our products.
8.2The estimated date time window for delivery of the products will be set out in the Order Confirmation (see clause 5.7).
8.3If something happens which:
(a)is outside of our control; and
(b)affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the products and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by such an event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4Delivery of the products will take place when we deliver them to the address that you gave to us.
8.5Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:
(a)let you know;
(b)cancel your order; and
(c)give you a refund.
8.6If nobody is available to take delivery, please contact us using the contact details provided above.
8.7You are responsible for looking after the products once delivery has taken place. In other words, the risk in the products passes to you when you take possession of them.
8.8You will take legal ownership of a product when we have received payment in full.
8.9We do not make deliveries to any addresses outside the territories shown on our site.
9.1We accept the credit cards and debit cards displayed during the ordering process. We may also accept payment by PayPal, if specified on our site.
9.2We will do all that we reasonably can to ensure that our site and all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, transmitting information over the internet is not 100% guaranteed to be secure and in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
9.3Your credit card or debit card will only be charged when the Order Confirmation is sent to you.
9.4All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.
9.5If your payment is not received by us and you have already received the products, you:
(a)must pay for such products within 5 days; or
(b)must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
9.6If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
9.7Nothing in this clause 9 affects your legal rights to cancel the contract during the 'cooling off' period as set out under clauses 6 and 7.
9.8The price of the products:
(a)will be payable in the currency set out on the website applicable in your territory;
(b)includes VAT at the applicable rate; and
(c)does not include the cost of delivering the products.
10.Nature of the products
10.1Applicable consumer law gives you certain legal rights (also known as 'statutory rights'), in particular that the products:
(a)are of satisfactory quality;
(b)are fit for purpose;
(c)match the description given to them; and
(d)are installed properly (if we agree to install any products).
10.2However, you accept that
(a)the packaging of the products may be different from that shown on the site; and
(b)while we try to make sure that:
(i)all dimensions and measurements set out on the site are as materially accurate as possible, please note that there may be small, non-material discrepancies from time to time; and
(ii)the colours of our products are displayed accurately on the site, the colours that you see on your computer may slightly vary from the product, depending on the monitor that you use.
10.3Any products sold:
(a)at discount prices; or
(b)non-standard/used or reconditioned;
will be identified and sold as such on the site. Please check that they are of a satisfactory quality for their intended use. This does not affect your statutory rights described in clause 10.1.
10.4If we can't supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:
(a)we will let you know if we intend to do this but this may not always be possible; and
(b)you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
11.1Please contact us without delay if you have received a faulty product.
11.2Please also tell us if you want:
(a)us to repair the products;
(b)us to replace the products;
(c)a price reduction; or
(d)to reject the products and get a refund.
11.3We currently do not offer guarantees which exceed your statutory rights in respect of our products.
12.End of the contract
If your contract with us is ended it will not affect our right to receive any money which you owe to us under such contract.
13.Limit on our responsibility to you
13.1Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence), we are not legally responsible for:
(i)were not foreseeable to you and us when the contract was formed; or
(ii)that were not caused by any breach of these Terms or legal obligation on our part;
(b)loss or damage to anyone purchasing a product under these Terms who is not acting as a consumer.
14.How we may use your personal information
14.1We will use the personal details and information about you (also known as 'personal data') that you provide to us:
(a)to supply the products to you;
(b)to process your payment for the products; and
(c)in accordance with your marketing preferences, to send you communications about similar products, but you may opt-out of receiving these at any time.
15.1We will try to resolve any disputes with you quickly and efficiently.
15.2If you are unhappy with:
(b)our service to you; or
(c)any other matter relating to your purchase;
please contact us as soon as possible.
15.3If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a)let you know that we cannot settle the dispute with you; and
(b)you may use the online dispute resolution ('ODR') platform to resolve the dispute with us. For more details, please visit the website on the 'Your Europe' portal here.
15.4These Terms are governed by English law. As a consumer you will benefit from any mandatory provision of law in the territory where you reside.
15.5Nothing in these Terms is intended to affect your legal rights as a consumer or rely on mandatory provisions of local law to take action in a court or forum that has legal jurisdiction.
16.Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.