Terms of sale

General Terms and Conditions of Sale of Super Soco Vehicles Web Edition

The sale of Super Soco vehicles by New Works Webtech srl (the "Seller") according to the procedure indicated on the Website https://shop.vmotosoco.com is governed solely by the following conditions (the "Terms and Conditions"), valid at the time of the conclusion of the contract. The General Terms and Conditions are available on the Website https://shop.vmotosoco.com from which they can be downloaded, saved and printed at any time. The following Terms and Conditions apply to the sale of Super Soco vehicles made in the European Union, through the modalities indicated on the Website https://shop.vmotosoco.com, in favour of the final customer (the "Buyer").
These Terms and Conditions do not affect the validity and effectiveness of the laws in force laid down to protect the consumer (Consumer Code - (Legislative Decree no. 206/2005 and its amendments), including the provisions of Title III, Chapter I, concerning distance contracts concluded with the consumer), where applicable. The consumer is the natural person acting for purposes, which are outside the trading, business, craft or professional activities carried out.

1. Configuration of the vehicle. Quotation.

1.1 - The presentation of the product on the Website https://shop.vmotosoco.com has a purely informative purpose and does not represent a binding offer by the Seller. The images and description present on the Website https://shop.vmotosoco.com reproduce the characteristics of the vehicles as closely as possible. However, the colours of the vehicles may differ from the actual colours due to the settings of the computer systems or the computers used by the Buyer for their visualization. The images of the vehicles on the https://shop.vmotosoco.com Website may differ in size or in relation to any ancillary products. Therefore, these images must be understood as indicative and with the tolerances of use. For the purposes of the contract of sale of the vehicle, the description of the vehicle contained in the contractual documentation transmitted by the Buyer shall be considered authentic.

1.2 - The Buyer can calculate the quotation of the offer by independently carrying out the preliminary configuration of the vehicle, on the Website https://shop.vmotosoco.com.

1.3 - Once the configuration of the vehicle is completed, the Buyer will propose to the Seller the purchase of the chosen vehicle according to the modalities indicated on the Website https://shop.vmotosoco.com and providing the data of his credit card at the same time. Subsequently: the Seller will proceed immediately to make the amount of € 250,00 (twohundredandfifty/00) unavailable on the Buyer's credit card, as indicated by the same;
If the contract of sale of the vehicle is not concluded, according to the modalities and timing referred to in Art. 2 below, the same amount shall be returned by the Seller, in accordance with the terms of Art. 2.1. below. New Works Webtech will then send the Buyer the purchase order ("Order"). These contractual documents do not represent a binding offer by the Seller nor constitute the acceptance by the same Seller of an offer made by the other party.

2. Conclusion of the Contract / Transfer of rights and obligations / Transfer of the vehicle

2.1 - Sending the Order duly signed to the Seller, according to the modalities provided on the Website https://shop.vmotosoco.com, and in any case no later than 7 (seven) working days from the receipt of the same by the Buyer in the event of the purchase of the Vehicle, the Buyer submits to the Seller a binding purchase order of the configured vehicle. At the time of sending the Order, the Buyer will make the payment of the deposit according to the modalities indicated in Art. 3 below. If the Buyer does not return the Order duly signed to the Seller within and not later than the terms respectively indicated above, the initial proposal of the Buyer shall be considered ineffective and, therefore, the Seller will ensure that the amount made unavailable on the Buyer's card credit pursuant to Art. 1.3 above, be made available again, within the technical times required by the relevant credit card circuit.

2.2 - Once the Order has been sent in accordance with the previous Art. 2.1, the Buyer will receive an automatic confirmation of the receipt of the Order by email from the Seller. This confirmation as well as subsequent updates on the status of the Order, sent by e-mail to the address used to send the Order, do not constitute acceptance of the Order by the Seller.

2.3 - The purchase contract shall be considered concluded if, within three weeks of receipt of the Order duly signed by the Buyer, the Seller having verified the correctness of the data provided by the Buyer in the Order and the payment of the confirmation deposit, confirms the acceptance of the Order in writing, or the vehicle is delivered. Acceptance is communicated to the Buyer by e-mail. The Seller is obliged to communicate to the Buyer any non-acceptance of the Order within the above time.

2.4 - The acceptance of the Order by the Seller is subject to the payment of the confirmation deposit by the Buyer referred to in Art. 3 below.

2.5 - The Buyer agrees not to transfer any rights deriving from this purchase contract, nor to sell or transfer the ownership of the vehicle in the four months following the delivery of the vehicle. This time limitation on resale does not apply if the Buyer is a consumer. If the vehicle is sold in violation of the previous provisions and for commercial purposes or to a professional dealer, the Buyer will be required to pay the Seller a penalty of 15% of the net purchase price.

2.6 - In accordance with Legislative Decree of 9 April 2003, no. 70, which provides for e-commerce rules, the Seller informs the Buyer that: the purchase contract is concluded when the Buyer receives the confirmation from the Seller pursuant to Art. 2.3;

2.7 - Each Buyer may register on the Website https://shop.vmotosoco.com. It is forbidden for the Buyer to make multiple registrations using the same e-mail address. In the event that the Seller notes that the same Buyer has made several recordings on the Website https://shop.vmotosoco.com using the same e-mail address, the Seller reserves the right to proceed, immediately and without notice, to block the account.

2.8 - The purchase contract will be stored in the Seller's database for the time necessary to execute the same and, in any case, as prescribed by law. The Buyer may access the same contract and/or the relevant data through his/her personal account.

2.9 - The language available to users for the conclusion of the contract is Italian.

3. Price and payment

3.1 - All the prices shown are expressed in EURO and inclusive of VAT.

3.2 - At the same time of signing and sending the Order: (i) the Seller will proceed to the withdrawal of the amount of Euro 250,00 (twohundredandfifty/00), referred to in Art. 1.3 above, in accordance with the terms set out by the relevant credit card manager, this amount will be paid as a confirmation deposit, which - in the event of the completion of the sale - will be recognized as a deposit on the total price due for the purchase of the vehicle, by means of credit card, according to the modalities indicated on the Website https://shop.vmotosoco.com, or by means of bank transfer;

3.3 - The delivery of the vehicle will take place only after the full payment of the price, which will be made by credit card, according to the modalities indicated on the Website https://shop.vmotosoco.com, or by means of bank transfer.

3.4 - The Seller is not authorized to change the selling price agreed in the purchase contract except for changes to the VAT rate and other applicable taxes.

4. Right of withdrawal of the consumer

4.1 - Where the buyer is a consumer according to the Consumer Code (Legislative Decree no. 206/2005 - or subsequent amendments), he/she will have the right to withdraw - without any penalty and without specifying the reasons - within: 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer, acquires the physical possession of the assets or:
1) in the case of multiple assets ordered by the consumer with a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the physical possession of the last asset; 2) in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece; 3) in the case of contracts for the periodic delivery of assets during a defined period of time, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the physical possession of the first asset.

4.2 - The right of withdrawal shall be exercised by sending, within the period referred to in paragraph 4.1 above, a written communication, in accordance with the model available on the Website, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech srl
Viale Lombardia, 29 - 22032 Albese con Cassano (CO)
Mail: customercare.shopvmotosoco@e-tailor.biz
Fax: 031.525648

4.3 - The prompt sending of the communication of withdrawal shall be sufficient for the purpose of complying with the withdrawal period.

4.4 - In the event that the withdrawal is validly exercised, each party must return the services received.

4.5 - If the vehicle has been delivered, the Buyer must return it to the Seller without delay and in any case within 14 days from the date of the withdrawal. The following will apply:
a) the consumer is obliged to return the vehicle to the Seller under his own responsibility, bearing the direct costs of the return. The return must be made to the following address:
RGP Srl
Via Monte Cervino 50
20862 Arcore

The consumer acknowledges that the direct costs of the return cannot currently be calculated, depending on the place where the vehicle to be returned is situated, but in any case, they can be significant. Where the consumer decides to return the vehicle by courier, he/she agrees to use a courier that owns the equipment, facilities and means suitable for the transport of the vehicle. Where the consumer wishes to make use of a courier trusted by the Seller, always at his own cost and under his own responsibility, he may send a specific email to the seller to request a quotation; however, this is not binding. Unless the consumer decides to make use of the Seller's trusted courier, the consumer must previously agree with the Seller on the day of the actual return of the vehicle;
b) the consumer also agrees to return, within the same period of 14 days from the date of exercise of the withdrawal, all documentation (including administrative and technical) relating to the vehicle, and to cooperate actively with the Seller in order to proceed to the transfer of ownership of the vehicle in favour of the Seller (or other subject indicated by the same), delivering all necessary documents duly signed. The return shall be deemed to have been successful only on condition that the consumer respects all the commitments referred to in this Art. 4.5, Lett. a) and b).

4.6 - At the time of return, the vehicle will be subject to special checks to verify its state; a specific report will be drawn up, which will contain the detection of the number of kilometers travelled and the description of any damage to the vehicle, with specific indication of the sums necessary to repair the damage themselves or otherwise restore the vehicle (parts and labour). The substantial integrity of the vehicle is an essential condition for exercising the right of withdrawal, taking into account that it is however sufficient that the property is returned in normal condition, as it has been kept and used with reasonable diligence. Any sums necessary to repair the damage to the motor vehicle or in any case restore the vehicle will be borne by the consumer and will be withheld from the sums that will be returned to him in accordance with Art. 4.7. The consumer is liable for any diminished value of the assets only where that results from the handling of the assets in any way other than what is necessary to establish the nature, characteristics and functioning of the assets. In this regard, the Seller shall have the right to withhold from the sum to be returned following the withdrawal, as payment of fair compensation, €5 for each kilometre travelled by the vehicle, which exceeds the total of 50 km travelled from the time of delivery of the vehicle to that of the return of the same. In any case, it is understood that, unless otherwise indicated by the Seller, the right of withdrawal may not be exercised where the consumer has travelled more than 150 km.

4.7 - In the event that the withdrawal is validly exercised, the Seller is obliged to return the sums paid by the Buyer, including those paid as a deposit and including, where appropriate, the delivery costs, within 14 (fourteen) days from the date of return pursuant to Art. 4.5. The Seller shall carry out this refund by credit card and/or bank transfer unless the Buyer has expressly agreed otherwise and provided that he/she does not incur any cost as a result of the refund. The Buyer acknowledges that any sums necessary to repair the damage to the motor vehicle or in any case to restore the vehicle will be deducted from the refund.

4.8 - Notwithstanding the provisions of the foregoing paragraph, the Seller is not obliged to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered by the Seller.

4.9 - The consumer acknowledges that the Seller may withhold reimbursement until:
(i) the actual return pursuant to Art. 4.5; or
(ii) the consumer has demonstrated that he has returned the vehicle and has fulfilled the commitments referred to in Art. 4.5 Lett. b), whichever occurs first.

4.10 - In the event of withdrawal, the ancillary contracts related to the purchase of the vehicle will be automatically resolved, without costs for the consumer.

4.11 - In accordance with Art. 59, paragraph 1, Lett. c) of the Consumer Code (Legislative Decree no. 206/2005), the right of withdrawal is excluded, inter alia, when the purchase contract provides for a customized vehicle according to the specific needs of the customer.

5. Delivery and delay in delivery

5.1 - The dates and terms of delivery must always be established in writing. The terms of the delivery start from the conclusion of the purchase contract.

5.2 - Notwithstanding the provisions of clause 5.6 concerning force majeure, the Buyer may request immediate delivery of the vehicle once 90 days from the date or term of delivery has elapsed, as indicated in the contract concluded between New Works Webtech srl and the Buyer himself, and except for the provisions of clause 5.3 below. From the moment of receipt of such communication, the Seller will be considered in default. Without prejudice to the provisions of Art. 1229 of the Italian Civil Code, the Buyer's right to compensation for damages due to the Seller's default is limited to a maximum of 5% of the agreed purchase price.

5.3 - After the expiry of the term referred to in Art. 5.2 the Buyer is in any case obliged to grant the Seller a reasonable amount of time to make the delivery before acting for the resolution. In the event that the Buyer, in the execution, acts for the termination of the contract and compensation for damage, the latter is limited to a maximum of 15% of the purchase price in the case of slight negligence.
If the Buyer is a company, an entity or a professional who stipulates the purchase contract as part of his/her business or self-employed work, he/she may claim compensation for damages caused by the Seller with slight negligence.
If, when the Seller is already late for delivery, the latter becomes impossible due to the force of unforeseeable circumstances, the damages will be limited in accordance with the foregoing provisions. The Seller will not be liable if the damage would have occurred in case of timely delivery.

5.4 - The limitations of liability provided for in this article shall not apply in the event of harm to life, physical integrity and health.

5.5 - If the Seller does not comply with the binding terms, date or delivery period, it will be deemed to be late if such terms, dates or delivery period have expired. In this case, the Buyer may assert the rights referred to in paragraphs 5.2, 5.3 and 5.4.

5.6 - In the event of force majeure or other events affecting the business activity of the Seller or his suppliers and such as to prevent the Seller from providing - temporarily and without his fault - the timely delivery of the products purchased, the terms and dates referred to in this Article paragraphs 5.2 to 5.5 shall be suspended for the duration of these events. If such events involve an interruption of more than four months, the Buyer will have the right to withdraw from this purchase contract. This clause does not affect other withdrawals.

5.7 - Provided that they are reasonable for the Buyer and taking into account the interests of the Seller, any constructive or model changes, variations of colours or variations in the delivery block made by the manufacturer during the delivery period will not give rise to withdrawal or termination, nor will they incorporate a breach of the purchase contract.

6. Acceptance and collection

6.1 - The buyer is required to communicate his/her availability for the collection of the ordered vehicle within 7 days following the communication with which the Seller informs him/her that the vehicle is ready for shipment.

6.2 - If the Buyer does not collect the vehicle within that time limit, the Seller may exercise the rights recognized to him by law. The Seller will be entitled to claim compensation for damages, to the extent of 15% of the gross selling price. The compensation may be determined to a greater or lesser extent depending on whether the Seller proves to have suffered greater damage or that the Buyer proves that the Seller has suffered minor damage or has not suffered any damage.

7. Ownership of the vehicle

7.1 - The Buyer acquires ownership of the vehicle at the time he/she fulfils all the obligations arising from the purchase contract, including the full payment of the purchase price.

7.2 - Until the Seller retains ownership of the vehicle, he will be entitled to withhold all the documents relating to the registration of the vehicle.

7.3 - In the event that the Buyer does not fulfil the payment obligations on time, the Seller will have the right to withdraw from the purchase contract, withholding the confirmation deposit, or resolving the purchase contract in accordance with the law, requesting compensation for damages.

7.4 - Until he has not acquired the ownership of the vehicle, the Buyer may not sell or transfer ownership of the vehicle or transfer any rights of use to third parties.

8. Defects

8.1 - The warranty for defects of the vehicle, unless otherwise agreed, is prescribed according to the provisions of the law. Except as otherwise provided by law, in the case of sale to the consumer, if a defect is detected within six months of delivery, it is assumed that it was already existing at the time of delivery of the vehicle unless the type of defect is such as to exclude such assumption. Limited to the right of the Buyer to ask to remedy the defect, such assumption shall apply even if the defect occurs for the first time in the second year following delivery.

8.2 - The Buyer shall have no right if the defect or damage is attributable to the common use of the vehicle or to the fact that:
a) the Buyer did not report the defect without delay after discovering it;
b) the vehicle has been used in conditions other than those for which it was approved (for example, in a country other than the country where the first delivery took place and where different approval requirements are in force);
c) the vehicle has not been properly used or has been used in a manner that exceeds its normal use (e.g. for sports competitions);
d) the vehicle was repaired or taken for service assistance to a workshop, which is not authorized by the manufacturer and the Buyer was aware of it or should have been;
e) components which are not approved by the manufacturer have been installed on the vehicle, or the vehicle or parts thereof (for example, the software) have been modified without the manufacturer's approval;
f) the Buyer did not comply with the instructions for the maintenance and handling of the vehicle (e.g. the Buyer did not follow the instructions given in the user manual).

The additional rights of the Buyer under the law or the contract, in particular in relation to the warranty, remain valid.

8.3 - The procedure for the removal of defects is as follows:

a. requests for removal of defects may be addressed to the Manufacturer or to a member of the network of workshops authorised by the manufacturer. If the Buyer forwards the request to a member of the network of workshops authorized by the manufacturer, the Buyer must notify the Seller if the first repair of the defect was unsuccessful. If the Buyer makes the request orally, a written confirmation must be sent to him.
b. If the vehicle becomes unusable due to a defect, the Buyer must notify the Manufacturer or the nearest member of the network of workshops authorized by the manufacturer in service at that time.
c. The Buyer's warranty rights in accordance with this purchase contract also apply to the parts incorporated in the vehicle being repaired, provided that the warranty on the vehicle has not expired.
d. All replaced parts become the property of the Seller.

8.4 - The right to request the repair of defects shall not be affected by the change of ownership of the vehicle.

8.5 - This Article 8 does not cover cases of civil liability even for defective products.

9. Liability

9.1 - If the Seller - on the basis of the provisions of the law or this contract - is liable for damages caused by slight negligence, the compensation obligation of the Seller is limited as follows. The Seller will be liable only if the damages are caused by the violation of one of the essential interests of the parties for the non-performance of one of the main services. The liability of the Seller, in this case, is limited to the damage, which can be predicted at the time of the stipulation of the contract in accordance with the provisions of Art. 1223 of the Italian Civil Code. If the specific damage is covered by the Buyer's insurance (with the exception of fixed-sum amounts), the Seller will only be liable for the damages related to, for example, the increase in the premiums or the interest rate until the damage has been liquidated by the insurance.

9.2 - The Seller shall remain liable for fraudulent concealment of defects, acceptance of the quality assurance or default attributable to the Seller, as well as any other right recognized by the Consumer Code and the Civil Code.

9.3 - Any liability due to delay in delivery is exclusively governed by Art. 5.

9.4 - The personal liability of the legal representative, agents, external collaborators, consultants and employees of the Seller is excluded for damages caused by slight negligence.

9.5 - The limits on liability provided for in this article shall not apply in the event of death, harm to physical integrity or health.

10. Applicable law and contractual language

10.1 - This contract is governed by Italian law and, inter alia, Title III, Chapter I, Section II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions).

10.2 - The language of the contract will be Italian.

11. Out-of-court resolution of disputes. Jurisdiction

11.1 - Pursuant to Art. 141-sexies, paragraph 3 of Legislative Decree of 6 September 2005, no. 206 (Consumer Code), the Seller informs the Buyer that holds the status of consumer in accordance with Art. 3, paragraph 1, Lett. a) of the Consumer Code, which, in the event that he has lodged a complaint directly with the Seller, as a result of which it was not possible to resolve the dispute as such, the Seller will provide information in relation to the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions (so-called ADR, as indicated in Articles 141-bis and subsequent amendments of the Consumer Code). The Seller also informs the Buyer that he holds the status of consumer in accordance with Art. 3, paragraph 1, Lett. a) of the Consumer Code that a European platform for the on-line resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the Website of each of them and start an online resolution procedure of the dispute in which they are involved. It shall be without prejudice, in any case, the right of the consumer to commence legal proceedings of the dispute arising from these General Terms and Conditions, regardless of the outcome of the out-of-court settlement procedure, and the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The Buyer who is resident in an EU member state other than Italy may, furthermore, also have access, in any dispute concerning the application, implementation and interpretation of the present General Terms and Conditions of Sale, to the European procedure established for modest disputes, by Regulation (EC) no. 861/2007 of the Council, 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, entitlements and expenses, Euro 2,000.00. The text of the regulation is available on the Website www.eur-lex.europa.eu.

11.2 - All disputes relating to relationships with professionals, including those relating to cheques, will be assigned to the judge of the place where the Seller is located. The foregoing provision also applies if the Buyer is not domiciled in Italy, if he has transferred his domicile outside Italy after the conclusion of the contract or if the domicile is unknown at the time of the establishment of the judgement.

11.3 - Where the Buyer is a consumer within the meaning and for the effects referred to in the Consumer Code, for any dispute concerning the interpretation, execution, termination and/or resolution of the contract is the exclusive jurisdiction of the judge of the place where the Buyer resides or is domiciled, if located in the Italian territory.

12. Complaints

12.1 - Il Compratore potrà presentare eventuali reclami a:
New Works Web Tech srl
Viale Lombardia, 29 - 22032 Albese con Cassano (CO)
Mail: customercare.shopvmotosoco@e-tailor.biz
Fax: +39 031525648
Certified e-mail address: webtech@postacertificata.eu

13. Disclosures

13.1 - The Buyer expressly acknowledges that he has received from New Works Webtech srl communication, pursuant to and for the purposes of Art. 49 of the Consumer Code, concerning:
a) the main features of the purchased asset;
b) the identity of the trader, the geographic address at which he is established and the telephone number
c) the total price of the purchased asset including taxes, additional shipping costs, delivery or, where such expenses cannot reasonably be calculated in advance, the indication that such expenses may be charged to the same Buyer;
the methods of payment, delivery and execution, the date by which the seller agrees to deliver the asset and the handling of complaints by New Works Webtech srl;
e) the existence of the legal guarantee of conformity for the asset, the existence and the conditions of the after-sales service and of the commercial guarantees";
f) the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54, paragraph 1, of the Consumer Code and the withdrawal form
g) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.