Terms and Conditions of Sale

 1. General

These general terms and conditions of sale (hereinafter referred to simply as the “Terms”) apply to purchases of products made through the e-commerce website www.actiomoto.it by users qualifying as “consumers” pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 206/2005.

The website is owned and managed by LCR di Messi Leandro – Via Lorenzo Nina no. 13, 62019 Recanati (MC) – VAT No. 01778690436 and Tax Code MSSLDR86M22E690G – (hereinafter referred to simply as the “Owner” or “LCR di Messi Leandro”).

Purchases of products made through the website www.messiart.com shall involve LCR di Messi Leandro as the seller and the person purchasing one or more products – for purposes unrelated to their entrepreneurial, commercial, craft or professional activity (see Article 3, paragraph 1, letter a), Legislative Decree 206/2005) – as the buyer/consumer (the seller and consumer hereinafter jointly referred to as the “Parties”).

Any communication from the consumer concerning the purchase of products, including any reports, requests, instructions, as well as the exercise of the right of withdrawal, must be sent using the contact details and methods described on the website and to the email address: info@messiart.com.

Purchases are subject to the general terms and conditions of sale as set out in the general terms and conditions of sale published on the platform. 

1.5. The Website is dedicated to retail sales and, as such, is intended exclusively for Consumers. Persons who do not qualify as Consumers are requested not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms shall apply; however, by way of derogation from the provisions herein:

- 1 the buyer shall not be entitled to the right of withdrawal referred to in Article 10;

- 2 the buyer shall not be entitled to benefit from the warranty on the Products referred to in Article 8;

- 3 the buyer shall not be entitled to any other protections provided herein in favour of Consumers that reflect or comply with mandatory provisions of law;

- 4 the sales contract concluded between the Seller and the buyer shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

By submitting the purchase order, the consumer agrees that confirmation of the information relating to the order placed and these Terms may be sent by email to the address provided by the consumer during registration on the website or during the purchase process.

For transactions carried out on the website to be valid, the consumer must have legal capacity, which, as provided for by Article 2 of the Italian Civil Code, is acquired upon reaching the age of majority.

Any costs incurred by the consumer for 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 Purchasing Methods.

The products shall be sold with the characteristics and under the terms of sale specified on the website at the time the buyer submits the order, to the exclusion of any other condition or term.

The Seller reserves the right to amend the terms of sale at any time, at its sole discretion, without any obligation to provide prior notice to users of the website. Any amendments shall, however, take effect only from the date of publication on the website and shall therefore apply only to sales concluded after that date.

The characteristics of the products offered for sale and the corresponding prices may be changed without prior notice; such changes shall, of course, apply only to orders placed after the changes have taken effect.

In any event, before proceeding with the purchase order, the consumer shall be required to check the final sale price.

Under the applicable provisions of the Italian Civil Code, the products displayed for sale constitute a mere invitation to make an offer addressed to the consumer, who shall submit a contractual proposal. Consequently, the purchase order sent by the consumer to the Seller in accordance with the procedures described on the website constitutes a contractual offer to purchase and is governed by these Terms, which the consumer, by placing the order, is required to accept in full and without reservation.

Before purchasing the products, the consumer undertakes to carefully read these terms of sale and the information concerning the right of withdrawal. The consumer may also print a copy using the print command and 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.

The sales contract with LCR di Messi Leandro shall be deemed concluded when the consumer is sent the email accepting the purchase proposal (Order Confirmation), which shall also contain information relating to shipment of the product.

The Order Confirmation email shall also include a link to the aforementioned Terms, a summary of the order placed, including detailed information on the price, shipping costs and applicable taxes, and a description of the product ordered.

The consumer's order, the Seller's Order Confirmation and the terms applicable to the relationship between the Parties shall be stored electronically by the Seller in its IT systems, and the consumer may request a copy by sending an email to: info@messiart.com

Although the website is accessible worldwide, products may only be purchased by users requesting delivery to the countries indicated on the platform.

3. Acceptance and Conclusion of the Contract

For the purpose of making a purchase, the products available on the website must be selected by the consumer and added to the appropriate virtual shopping cart.

To complete the purchase of products previously added to the cart, the consumer shall be required to register on the website by providing the requested data or to log in if already registered.

In any event, it remains possible to proceed with the purchase as a guest, after entering the data required to complete the contract.

If the data indicated in the order differ from those provided when registering on the website, the consumer shall be asked to confirm their details (including, by way of example but not limitation: first name, last name, etc.), as well as the address to which the selected products are to be delivered, the billing address and, optionally, a telephone number at which the consumer may be contacted for any communications relating to the purchase.

The consumer will then be shown an order summary, the contents of which may still be modified.

After reading them, the consumer shall be required to accept these terms of sale by selecting the appropriate check box on the website and, finally, by clicking the “Complete Your Order” button, the consumer shall be asked to confirm the order, which shall then be definitively sent to the Seller and shall produce the effects described above.

The consumer shall also choose from the available payment methods and delivery options.

If the consumer chooses immediate payment (at the time of purchase) by credit card, PayPal or PayPlug, the relevant details must be provided via a secure connection on the payment service provider's website. 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 shall be charged only when the Seller sends the Order Confirmation to the consumer.

Finally, although the Seller undertakes to check the accuracy of the prices and descriptions of the products offered for sale, the possibility of errors cannot be completely excluded. Therefore, if due to mistakes or other issues the price indicated on the website is lower than the correct selling price of a product, the Seller reserves the right to contact the buyer to verify whether the buyer wishes to proceed with the order at the correct price.

If the consumer identifies an incorrect price, a report may be sent to: info@messiart.com

4. Discount Vouchers and Exclusive Offers

Discount vouchers and offers reserved for registered customers are granted as temporary promotions, shall not be refunded in the event of withdrawal and may not be combined with other promotions.

The Seller also reserves special discounts for regular customers upon request by email to: info@messiart.com

5. Order Delivery

The website indicates product availability and delivery times; however, such information is to be regarded as indicative and is not binding on the Seller.

Delivery times are indicated on the product page. They are also displayed at Checkout when the courier is selected. Delivery times may vary from a minimum of 24 hours to a maximum of 72 hours, barring complications.

Nevertheless, the Seller undertakes to comply with the delivery times previously indicated on the website and, in any event, to make delivery within a maximum period of 30 (thirty) days starting from the day following submission of the order.

If the order cannot be fulfilled due to the unavailability, even temporary, of the product, the Seller shall provide appropriate written notice to the buyer and shall simultaneously refund the amounts paid by the consumer.

If the consumer has chosen bank transfer from among the available payment methods, the delivery period shall begin only upon receipt of payment in the bank account held by LCR di Messi Leandro.

The products ordered by the consumer shall be shipped using the method selected by the consumer from those available and indicated on the website when the order is submitted. The consumer undertakes to check promptly and as soon as possible that the delivery contains all and only the products purchased and to promptly inform the Seller, through the Seller's contact channels, of any defects in the products received or any discrepancy with the order placed; otherwise, the products shall be deemed accepted.

If the packaging or wrapping of the products ordered by the consumer arrives at its destination visibly damaged, the consumer is advised to refuse delivery by the carrier/courier or to accept delivery “subject to inspection”.

In any event, when submitting the order, the consumer may choose to have the product delivered to our retail store for collection.

After receiving the “order ready for in-store collection” email, the consumer shall go to the retail store to collect the order, presenting a copy of the Order Confirmation email and a valid identity document.

If the consumer fails to collect the goods covered by the purchase order within 7 (seven) days following receipt of the aforementioned email, the Seller shall initiate the order cancellation procedure and shall be entitled to sell the products covered by the cancelled order to third parties.

In the event of advance payment, the consumer shall be sent an order cancellation confirmation email and the amount paid shall be refunded no later than 14 (fourteen) days after the aforementioned email is sent.

The Seller shall use the same payment method selected by the consumer for the initial transaction. 

It is understood that staff at our retail store are not authorised to forward to another address an order for which the consumer selected in-store collection in the Order Confirmation form.

If collection is made by a third party who is not the person named on the order, the person collecting the order must present at the retail store a written authorisation signed by the order holder, a copy of the latter's valid identity document, and a copy of the Order Confirmation or invoice received by the consumer via email.

6. Prices, Shipping Costs, Duties and Taxes

The price of the products is indicated on the website when the consumer submits the order.

Prices include packaging costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping and/or cash-on-delivery charges, which shall be calculated before the Order Confirmation is sent to the consumer and which the consumer undertakes to pay to the Seller in addition to the price of the goods as indicated on the website.

The consumer shall pay the Seller the total price (including any shipping costs), as specified in the order and in the Order Confirmation sent to the consumer by email.

If the products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the Order Confirmation, including indirect taxes (where applicable), excludes any customs duties and any other sales taxes, which the consumer hereby undertakes to pay, where due, in addition to the price indicated 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 advised to contact the competent authorities in their country of residence or the destination country of the products in order to obtain information about any duties or taxes applicable in that country.

Any additional costs, charges, duties and/or taxes imposed for any reason by a given country on products ordered under these Terms shall be borne exclusively by the consumer.

The consumer declares that lack of knowledge of the costs, charges, duties and/or taxes referred to above at the time an order is submitted to the Seller shall not constitute grounds for termination of this contract and that such charges may in no way be charged to the Seller.

7. Payment Methods.

LCR di Messi Leandro accepts the following payment methods:

- Cash on delivery: when paying cash on delivery, the customer shall pay the amount due directly to the courier upon receipt of the parcel. Customers are advised that the courier does not accept cheques or credit/debit cards; therefore, the amount due must be paid in cash.

- Credit Card Payment: for payments by credit card, LCR di Messi Leandro uses the PayPlug or PayPal direct payment gateway (without the need to create an account); the customer can make the payment securely.

All credit card payment transactions are carried out using SSL (Secure Socket Layer).

- PayPal Payment: when paying with PayPal, LCR di Messi Leandro will redirect the “Complete Order” process to PayPal’s secure page. The buyer must enter the email address and password already registered and proceed with payment; in any event, payment as a guest remains available.

- Bank Transfer: payment must be made within 10 days of the Order Confirmation using the following bank details:

1. Account holder: Messi Leandro

POSTE ITALIANE

IBAN: IT75H0760102600000095776613

Where required by applicable law, the Seller shall promptly send the consumer the tax receipt electronically by email to the address provided by the consumer, or shall enclose the receipt in paper form or, upon request, a courtesy invoice relating to the purchase made. 

8. Returns Procedure

A return may only be requested for online orders delivered to the customer's address.

To submit a return request, an email must be sent to info@messiart.com containing the following information:



- First name

- Last name

- Telephone number

- Order number

Please note that return shipping costs are borne by the Customer and the product must be returned in its original packaging accompanied by a copy of the email sent. Careful packaging is recommended, as the goods must arrive undamaged at our warehouse at the following address:

LCR di Messi Leandro
Via Lorenzo Nina n.13
62019, Recanati (MC)

If the goods arrive undamaged at our warehouse in Recanati (MC), we shall issue the refund within 10 days.

8.1 The User has the full right to exercise the right of withdrawal in relation to the goods purchased. However, the period within which an exchange/return may be made is 14 days from the date of delivery of the purchase. If the User has already submitted an exchange/return request during this period, the User shall no longer be entitled to further exchanges or returns.

9. Right of Withdrawal and Order Cancellation

9.1 Subject to the exceptions set out in Article 59 of the Italian Consumer Code, the Consumer has the right to withdraw from any contract concluded under these Terms, without having to provide any reason and without any penalty, within 14 (fourteen) days from the date on which (i) the Product was delivered or (ii), in the case of the purchase of multiple Products delivered separately under a single order, the last Product was delivered.

9.2 To exercise the right of withdrawal, the Consumer must inform LCR di Messi Leandro of their decision before expiry of the period referred to in point 9.1 above by sending an email to info@messiart.com

9.3 Following the procedure set out in point 9.2 above, the Consumer shall receive an email confirming exercise of the right of withdrawal which, if the Consumer has already received the ordered product, shall contain instructions for returning the product, which must be sent back no later than the following 14 days.

9.4 If the Consumer has received the product, they must return it to LCR di Messi Leandro without undue delay and, in any event, within 14 days from the day on which withdrawal was communicated. The deadline is met if the Consumer returns the goods before expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of return, shall be borne by the Consumer. 

9.4 In the event of withdrawal, the Consumer shall be reimbursed for the payments made, with the exception of the shipping costs for the return itself, which shall be borne by the Consumer. 

9.6 The Consumer is responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, showing signs of wear, abrasion, chipping, scratches, deformation, etc.), are not complete with all their components and accessories (including labels and tags that are unaltered and attached to the product), are not accompanied by the enclosed instructions/notes/manuals, original packaging and wrapping, and warranty certificate where applicable, the Consumer shall be liable for the reduction in the value of the goods and shall be entitled to reimbursement of an amount equal to the residual value of the Product. For this purpose, the Consumer is therefore advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning, and to cover the original Product packaging with additional protective packaging that preserves its integrity and protects it during transport, including from writing or labels.

9.7 The User has the full right to exercise the right of withdrawal in relation to the goods purchased. However, the period within which an exchange/return may be made is 14 days from the date of delivery of the purchase. If the User has already submitted an exchange/return request during this period, the User shall no longer be entitled to further exchanges or returns.

9.9 When returning items belonging to the Helmets, Motorcycle Clothing, Top Cases and Luggage categories, the consumer is required to return the item with the Actionmoto warranty seal intact (numbered red pull-tight seal). If this seal is missing and/or has been tampered with, we reserve the right to reject the return request.

10. Protection of Intellectual Property

The consumer acknowledges that all trademarks, names, distinctive signs, designations, images, photographs, written text or graphics used on the Website or relating to the Products are and shall remain the exclusive property of LCR di Messi Leandro and/or its successors in title, and that access to the Website and/or purchase of the Products shall not grant the consumer any rights over them.

The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of LCR di Messi Leandro.

11. Consumer Data and Privacy Protection

In order to register, submit an order and therefore conclude the contract under these Terms, the consumer is required to provide certain Personal Data through the Website. The consumer acknowledges that the Personal Data provided shall be recorded and used by the Seller in accordance with Italian Legislative Decree No. 196/2003, as amended (Privacy Code), in order to process each purchase made through the Website and, subject to the consumer's consent, for any further activities indicated in the relevant privacy notice provided to the consumer through the Website at the time of registration.

The consumer declares and warrants that the data provided to the Seller during the registration and purchase process are accurate and truthful.

The consumer may at any time update and/or modify the Personal Data provided to the Seller through the “My Account” section of the Website, accessible after authentication.

For any further information on how the consumer's Personal Data are processed, please refer to the Privacy Policy section.

12. Security

Although the Seller adopts measures intended to protect Personal Data against possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations associated with protecting electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the consumer on the Website, even after the consumer has authenticated (logged in), cannot be accessed or viewed by unauthorised third parties.

13. Applicable Law and Jurisdiction.

Every sales contract concluded between the Seller and consumers pursuant to these Terms shall be governed by and interpreted in accordance with Italian law and, in particular, the Italian Consumer Code, with specific reference to the legislation governing distance contracts, and Legislative Decree No. 70 of 9 April 2003 with regard to aspects concerning electronic commerce. In any event, any rights granted to consumers by mandatory provisions of law in force in their country shall remain unaffected.

In the event of disputes between the Seller and a consumer, an attempt at amicable settlement with the consumer shall first be made; however, if the conciliation attempt is not pursued, the dispute shall be submitted to the court having jurisdiction over the consumer's place of residence or domicile.

For all matters not expressly governed by these terms of sale, the provisions of the current version of Legislative Decree 206/2005 shall apply, insofar as applicable.