SEM Motobike Best Electric Dirt Bike | Racing Electric Bike | Tour du Mont Bland E-Bike | SEM Motobike | Sales Conditions
GENERAL TERMS AND CONDITIONS
E-COMMERCE WWW.SEM-MOTOBIKE.COM
Definitions
In addition to other terms and expressions elsewhere defined in these GSC, words and expressions beginning with a capital letter shall have the meaning specified below:
a) Support: the support offered to Customer by SEM, directly and through its Sales Network of partners on the territory.
b) Customer: the person who purchases the Product(s) sold by SEM in the online catalogue and visible on the Website.
c) Order Confirmation: SEM’s acceptance of the Customer’s Order, by email, showing the Order summary.
d) Contract: the agreement between SEM and Customer following the Order Confirmation.
e) Shipping Costs: the Costs in addition to the Price of the Product for delivering to the address indicated by Customer.
f) Business Days: the working days from Monday to Friday, from 9 a.m. to 7 p.m., on which SEM is at Customer’s disposal.
g) Price List: Products offered for sale through SEM’s e-commerce, showing the Price and specifications of each Product.
h) Order: Customer’s request to purchase the Product(s) via SEM’s e-commerce platform.
i) Price: the amount due by Customer to SEM for the purchase of each Product selected.
j) Product: the item selected by Customer from the Website’s price list including, but not limited to, Venom Purple, Evolution 2.022, etc.
k) Registration: Customer’s registration on SEM’s Website, to carry out once only, by entering their personal data, such as first name, last name, date of birth, email address, data necessary to allow the Customer log in and proceed to purchase.
l) Sales network: the team of SEM’s partners in the territory to offer a widespread service to Customer on the purchased Products.
m) Website of SEM S.r.l.: https://www.sem-motobike.com.
n) Shipment – Insurance on shipment: the delivery of the Product for which Customer has placed the Order, to the destination indicated by Customer; the shipment is at Customer’s full risk, and Customer may request that the same be made on an insured basis, with costs set out in the Order.
o) Delivery terms: the delivery time of the Product to Customer, depending on the delivery address indicated by Customer.
Article 1: Products – Assembly - Release
We produce SEM Products entirely in our factory: design, chassis and electronics come from us with handcrafted processes and attention to detail, using top-quality components.
The materials and technical specifications of the Products are provided in their relevant data sheets, which Customer should read before purchasing, published on SEM’s Website.
The Products may differ from Customer’s own visual, as well as sensory, perception of that Product in terms of how it shows in SEM’s e-commerce. In particular, the colour rendering may not match the previews displayed on the Customer’s screen. Therefore, Customer acknowledges that the Product referred to in the Order may not correspond to the image viewed during the Order phase.
SEM Products are delivered with some parts to assemble (such as front wheel, handlebar, throttle, and pedals) which Customer must install in accordance with the user manual. Customer releases and discharges SEM from any liability in case of assembly differing from the instructions.
Article 2: Registration - Order
When placing the Order from SEM’s e-commerce platform, Customer must carry out the Registration procedure.
Registration is possible only to natural persons who are of age and have full legal capacity.
After Registration, Customer may proceed with an Order of Products in the online catalogue of the Website.
Upon placing the Order, Customer will receive an email Order confirmation from SEM.
Article 3: Price – Shipping costs
The Price of the Product is shown in the Price List when Customer places the Purchase Order, and excludes VAT and packaging costs. The Price does not include any Shipping Costs.
Shipping Costs must be paid by Customer and vary depending on the weight of the Product and the delivery address, as will be set forth in the Order.
In case of non-EU shipments, any customs duties will be at Customer’s charge, in addition to the Shipping Costs that will be specified via email to Customer after registration and Order confirmation.
Any discounts or promotions do not apply to the shipping costs.
Article 4: Payment conditions
Payment, including the Shipping Costs, needs to be in accordance with the order procedures: Customer can pay by bank transfer or through the Soisy platform.
Article 5: Order confirmation
Once Customer has placed the Order, SEM will send Customer an Order Confirmation within 1 Working Day after Order receipt, unless the Product is not in stock. In that case, SEM will make sure to notify a different delivery time.
Article 6: Delivery terms – Shipment
Delivery Terms are purely indicative. The delivery of the Product will take place within approximately 30 days after Order Confirmation.
SEM is not responsible for any delays in the delivery of the Product referred to in the Order. In case of delays in relation to the estimated terms, SEM will promptly notify Customer, where possible.
Article 7: Insurance on shipment
The Shipment of Products is at Customer’s risk. Customer may request an insurance on the shipment of the Product, with costs set forth in the Order; below are special insurance covenants:
SPECIAL COVENANTS
These Special Covenants supplement the General Conditions of the "Italian Insurance Policy for Shipping Goods"-Ed. 1983 and the Clauses recalled and attached prevailing over them in case of discrepancy.
Insurance of goods
This insurance policy covers the transport of goods, for which the Contractor has received an order for shipment together with the assignment to provide an insurance coverage.
Territorial Limits
Coverage is valid for shipments made worldwide.
It should be noted that the guarantee does not apply to shipments destined for, coming from or in transit through:
• Montenegro, Serbia, Bosnia, Macedonia and Albania;
• belligerent countries and/or with socio/political situations at risk as per the "Global Cargo Watch List" that the Insured/Contractor undertakes to view on the Website http://watch.exclusive- analysis.com/lists/cargo/
• Countries subject to sanctions, prohibitions and/or restrictions established by the United Nations, the European Union, Great Britain, and the United States.
Any transportation to the above countries may be covered, at Insurer’s discretion, only if requested in advance, at terms and rates to determine from case to case.
Operation of warranty.
The insurance guarantee shall begin when the Contractor (or, in any case, the designated parties) pick up the goods from the shipper and shall end when they are redelivered to the recipient.
The guarantee shall also remain in force during any interruptions occurring during the trip, such as ordinary storage in transit at the Contractor’s warehouse, owing to the carrier and/or their employees, which became necessary for carrying out the transport and/or distribution, but excluding any stop directly requested by the Insured Party.
Compensation
Any damage will be settled as follows:
• subject to application of 10% overdraft with a minimum of Euro 25.00 for all shipments over Euro 80.00.
• in full for all shipments with a value of Euro 80.00 or less.
Replacement Clause
In the event of damage to any part of the goods in connection with any of the events guaranteed under this policy, the Insurers shall be liable only for the value of the damaged portion, even if it had not been separately assessed, and shall reimburse only the cost of repair and replacement of that portion, excluding any depreciation of the goods to which it belonged.
Damage to packaging
In the event of damage to labels, capsules, boxes, cases, wrappings, or other material making up the packaging of the insured goods, the Insurers shall be liable only for the amount relating to the cost of new packaging.
Article 8: Delivery
Upon delivery of the Product by the carrier, Customer is required to check that the packaging is intact and undamaged.
Customer must immediately report any damage of the Product resulting from transport to the shipping company, as well as to SEM within 48 hours after delivery.
Any communication received by SEM after this deadline will not be taken into consideration.
Article 9: Maintenance
SEM’s Products are subject to periodic maintenance, in accordance with the maintenance schedule supplied, which Customer undertakes to comply with, and must undergo servicing coupons in accordance with the deadlines stipulated therein.
In default of full compliance with the maintenance and coupon schedule, SEM will not be able to accept any complaint of Non-compliance on the Products under warranty.
You must keep the Warranty booklet with care and show it to the official dealer of SEM’s Sales Network or in any case to appropriate and competent mechanical workshops carrying out the servicing, for them to fill-in and validate.
Only the official dealer of SEM’s Sales Network or in any case, appropriate and competent mechanical workshops carrying out the intervention are entitled to fill in the overhaul coupons.
In case of transfer of ownership, Customer must use the relevant coupon in the booklet.
Article 10: Right of withdrawal
If Customer is a consumer, pursuant to art. 52 of the "Consumer Code" (Legislative Decree no. 206/2005), the discipline in favour of Customer providing for the Right of Withdrawal (so-called "reconsideration"), to exercise within fourteen days from the Product Delivery, applies to the sale of SEM Products.
However, the right of withdrawal is subject to certain conditions:
- The returned Product must not have been used.
- The returned Product must be intact, in the same conditions as it was delivered.
The exercise of the right of withdraw must be formalized by Customer by sending an email to SEM: info@sem-motobike.com.
Customer must return the Product by carrier shipment to the registered office of SEM: 21030 Mesenzana (VA), Via Provinciale n. 26.
Shipping costs for the return under Warranty by carrier are at Customer’s charge.
A suitable insurance should cover shipment to protect and safeguard against any shipping damage.
SEM is not liable in any way for damage, theft or loss of Products returned with non-insured shipments.
In the event of a withdrawal, once the Product is back, having ascertained that the above conditions apply, SEM will refund Customer the full amount paid within fifteen days after return of the Product. In that case, the refund operation will be carried out by SEM by re-crediting the amount due, including the costs anticipated by Customer for the return, which will be paid to Customer by bank transfer or PayPal.
In case of non-compliance of the Product, no refund will take place.
Article 11: Non-compliance - Warranty
SEM is responsible towards Customer, who is a consumer in accordance with law, for any fault or non-compliant defect in the Products, manifesting upon delivery or otherwise within a maximum of twenty-four months after Delivery date.
Customer declares knowing, in accordance with art. 133, paragraph 3 of the Consumer Code, the action aimed at asserting faults/defects not maliciously concealed by the seller as prescribed, in any case, within the term of twenty-six months after delivery date.
If Product is faulty or damaged, Customer, under penalty of forfeiture, must file a complaint within 8 days after delivery date or discovery of the fault/defect, by sending an email to SEM to assistenza@sem-motobike.com.
After checking the Product, also through their Sales Network, SEM will submit possible solutions of the problem to Customer.
The Warranty does not cover normal wear and tear and deterioration for using the Product on the following components:
• Engine transmission chain
• Brake pads and disks
• Tyres
• Transmission and control cables
• Hoses and all other rubber parts
• Bearings
• Transmission chain and gears
• Lubricants, oils, and greases.
With reference to the saddle and plastic parts, the Warranty period is restricted to six months.
The Warranty shall not cover the cost of maintenance, couponing, and/or overhaul, or the cost of spare and/or consumable parts needed for these operations.
The Warranty shall not cover expenses resulting from the Warranty claim such as: additional expenses for notices, any room and board, or other related expenses or allowances, such as compensation for lost time, business losses, rental expenses for substitute vehicle, travel costs, etc.
The Warranty shall not apply in the following cases:
- Deterioration resulting from failure to comply with periodic maintenance operations prescribed by SEM.
- Repairs made with spare parts that do not conform to the original or alteration with additional components not prescribed.
- Faults/defects of Products for which the periodic maintenance schedule has not been complied with and all coupons have not been stamped.
- Faults/defects of Products used for competitions, rental, or heavy off-road use or crashed.
Customer is also aware that to be "compliant" with the Contract, the Product must meet the following subjective requirements, where relevant: 1) correspond to the contractual description, type, quantity, and quality, and possess the functionality, compatibility, interoperability, and other characteristics as set forth in the Contract. 2) be suitable for the particular use for which it is produced, which has been brought to SEM’s attention at the latest when the Order was placed, and which SEM accepted. 3) be supplied together with all accessories, instructions, including those pertaining to installation, where applicable.
In addition, to be "in compliance" with the Contract, the Product must meet the following objective requirements, where relevant: 1) be suitable for the purposes for which products of the same type are normally used, possibly taking into account other provisions of national legislation and EU law, technical standards or, in the absence of such technical standards, the codes of conduct of the industry applicable to the specific sector. 2) be delivered together with such accessories, including packaging, installation instructions or other instructions, which the consumer may reasonably expect to receive. 3) enjoy the qualities and other characteristics, also in terms of durability, functionality, compatibility, and safety, ordinarily present in a product of the same type and which the consumer can reasonably expect, considering the nature of the goods and public statements made by or on behalf of SEM, or by other persons in previous steps of the chain of sales transactions, particularly in advertising or labelling.
In the event of Non-conformity of the Product, Customer has the right to have it restored to conformity, or to receive a proportional price reduction, or to Contract termination upon the conditions set forth in the following subparagraphs.
For the purpose of recovery following a Non-conformity Product complaint, the best solution between repair and replacement will be evaluated, choosing the possible remedy that does not impose disproportionate costs on SEM, taking into account all the circumstances and, in particular, of the following: 1) the value that the Product would have in the absence of lack of conformity; 2) the extent of the lack of conformity; 3) the possibility of carrying out an alternative remedy without significant inconvenience to Customer.
Customer does not have the right to terminate the Contract if the lack of conformity is only minor.
The repair or replacement of Products shall be made: 1) without charge to Customer; 2) within a reasonable period after SEM has received the complaint of Non-conformity or Warranty; 3) without significant inconvenience to Customer, bearing in mind the nature of the Product and the purpose for which Customer wanted the Product.
The price reduction is proportional to the decrease in value of the Product received by Customer compared to the value it would have had if it had been compliant.
In any case, Customer shall return the Product by carrier shipment to the registered office of SEM: 21030 Mesenzana (VA), Via Provinciale n. 26.
Shipping costs for the return of the Product under Warranty are borne by Customer.
SEM is not liable in any way for damage, theft or loss of Products returned with non-insured shipments.
Article 12. After-sales assistance
Notwithstanding the provisions of Article 9, Customer may contact SEM for any information or support regarding the Contract by e-mail under: hello@sem-motobike.com.
Article 13. Discharge of responsibility - Release
Customer acknowledges that SEM shall not be liable to him or to third parties, in case of using the Product in breach of law or else, in case of use differing from the instructions in the User Manual of the specific Product and in a way not in line with the characteristics of the Product.
Article 14: Intellectual Property
SEM has full rights over all the Products developed and manufactured by them.
SEM are also the owner of all rights over trademarks, names and in general, any other distinctive sign associated with SEM or present on the Website.
Customer undertakes not to carry out any reverse engineering, de-compilation, or disassembly operation of the software with which the Product is equipped and agrees not to make changes and/or variations to any of the software itself, nor create any derivative works.
Article 15: Personal Data Protection
SEM will process the personal data in compliance with current law, according to the privacy policy on the Website: https://www.sem-motobike.
Article 16: Change of the GSC
SEM reserves the right to make any changes to these GSC at any time and without notice to Customer.
The amended GSC will be effective as soon as they appear on SEM’s Website, therefore it is the Customer’s responsibility to check the current GSC before placing an Order.
SEM s.r.l.
Date 01/04/2023