General terms and conditions of sale

Article 1 – General provisions

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

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

Browsing and placing a purchase order on the website imply acceptance of the Terms and Data Protection Policies adopted by the website as indicated therein.

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

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

3. Before accessing the services provided by the site, the user is required to read these General Conditions of Sale, which are deemed to be 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 prior notice.

5. It is possible to use the website and therefore access the services provided by it and purchase them in the following languages:

Italian / English

Art. 2 – Subject Matter

1. These General Conditions of Sale govern the offer, submission and acceptance of purchase orders for services on TOP RACE Park and do not govern, instead, the provision of services or the sale of products by parties other than the seller that are present on the same website via links, banners or other hypertext links.

2. Before forwarding orders and purchasing products and services from different entities, we suggest checking their terms and conditions of sale.

Article 3 – Conclusion of the contract

1. To conclude the purchase contract, you will need to fill in the electronic form and transmit it by following the relative instructions.

2. It contains the reference to the General Conditions of Sale, information on each service purchased, the payment methods that can be used, and 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 completed by the user, subject to verification of the accuracy of the data contained therein.

5. The user shall be obliged to pay the price from the moment the online order submission procedure is completed. This will take place by clicking on the “PAY NOW” button at the end of the guided procedure.

6. Once the contract has been concluded, the seller processes the order for fulfilment.

Art. 4 – Registered users

1. When completing the registration procedures, the user undertakes to follow the instructions on the website and to provide their personal data in a correct and truthful manner.

2. EFFEPARK srl is exempt from any liability regarding the data provided by the user. The user undertakes to promptly inform EFFEPARK srl of any changes to their data communicated at any time.

3. Furthermore, should the user communicate inaccurate or incomplete data, or in the event of a dispute by the interested parties regarding the payments made, EFFEPARK srl shall have the right not to activate or to suspend the service until the relevant deficiencies have been remedied.

4. Upon the user's initial request to activate a profile, EFFEPARK srl will assign them a username and a password. For each online purchase, the user will receive a code at the specified email address, which is necessary to proceed with the purchase. The user acknowledges that these identifiers constitute the validation system for the user's access to the Services and the sole system capable of identifying the user, and that actions performed through such access shall be attributed to them and shall have binding effect upon them.

5. The user agrees to keep their login details secret, to store them with due care and diligence, and not to transfer them, even temporarily, to third parties.

Art. 5 – Terms of payment and prices

1. The price of the services shall be that indicated from time to time on the website, 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 them to either confirm the order at the correct amount or cancel it. In any case, TOP RACE Park shall not be under any obligation to supply the goods sold at the incorrectly indicated lower price.

3. The prices on the website are inclusive of VAT. Prices are subject to change at any time. Changes do not apply to orders for which an order confirmation has already been sent.

4. Once you have selected the desired services, they will be added to your shopping basket. Simply follow the instructions for purchase by entering or checking the required information at each stage of the process. Order details can be modified before payment.

5. Payment can be made via:
Credit cards (Visa and Mastercard)
PayPal

Art. 6 – Delivery

1. The services provided by the webpage will be delivered to the customer immediately and in any case within no more than 30 days of the purchase made on the website.

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

3. If delivery cannot take place due to reasons for which neither party is responsible, the user shall receive a full refund of the payment.

Art. 7 – Passing of risk

1. Risk of loss or damage to the products shall pass to the buyer upon delivery. Ownership of the products shall be deemed to be acquired as soon as full payment of all amounts due in respect thereof, including shipping costs, has been received, or upon delivery, if this occurs at a later date.

Art. 8 – Guarantee and commercial conformity

1. The seller is liable for any defect in the products offered on the website, including the non-conformity of the items to the ordered products, pursuant to the provisions of Italian law.

2. If the buyer has entered into the contract as a consumer, meaning any natural person acting on the website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, this warranty shall be valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognised by the latter; and that the online return form is correctly completed.

3. In the event of a lack of conformity, the user who has entered into the contract as a consumer shall be entitled to have the conformity of the products restored free of charge, by means of repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the disputed goods and the consequent refund of the price.

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

Art. 9 – Cancellation

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 period 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 in a single order and delivered separately, the 14-day period shall run from the date of receipt of the last product.

3. Users intending to exercise their right to cancel the purchase may send an email, stating the order number and user name, to:
info@topracecomo.it

4. Goods may be returned to DRIVER Como at Via Pasquale Paoli 114 in Como.

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

6. As provided for by Article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the website may withhold the refund until the goods have been received or until the buyer has provided proof of having sent the goods back.

7. The right of cancellation shall not apply in the event that TOP RACE Park services and products fall within the categories under Article 59 of Legislative Decree 206/2005.

8. The site will issue the refund using the same payment method chosen by the purchaser at the time of purchase. If payment was made by bank transfer, and should the user intend to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT and BIC codes necessary for processing the refund.

Art. 10 – Data processing

1. The buyer's data is processed in accordance with the provisions of personal data protection legislation, as specified in the relevant Privacy notice pursuant to Art. 13 of EU Regulation 2016/679 (Privacy Policy).

Article 11 – Safeguard clause

Should any of the clauses of these General Conditions of Sale be void for any reason whatsoever, this shall in no way compromise the validity of and compliance with the other provisions contained in these General Conditions of Sale.

Art. 12 – Contacts

1. Any request for information may be sent by email to the address info@topracecomo.it, by phone on 031 5375766, or by post to the following address:
114 Via Pasquale Paoli
22100 Como (CO)

Art. 13 – Applicable law and jurisdiction

1. These General Conditions of Sale are governed by and construed in accordance with Italian law, without prejudice to any other prevailing mandatory rule of the buyer's country of habitual residence. Consequently, the interpretation, performance and termination of the General Conditions of Sale shall be subject exclusively to Italian law.

2. Any disputes relating to and/or arising from them shall be exclusively resolved by the Italian judicial authority. In particular, if the user qualifies as a Consumer, any disputes shall be resolved by the court of their place of domicile or residence in accordance with applicable law.

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