This document sets out the general terms and conditions on the basis of which users are offered the use of the website and application https://www.wobdesign.it/, which offers physical products and services through WOB Design Srl such as: Custom graphics, seat covers, and clothing. Creation of graphic elements and resale of third-party motorcycle components.

1 – Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:

      • Owner: WD RACING s.r.l., with registered office in VIA BEATO ANGELICO, 12 – 21047 SARONNO (VA), VAT / Tax code 03700890126 – PEC address wdracing@pec.it
      • Application: the website and application https://www.wobdesign.it/
      • Products: the products and services provided to the user by the Owner
      • User: any person who accesses and uses the Application
      • Consumer User: the adult natural person who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity possibly carried out
      • Non-Consumer User: the adult natural person or legal entity who concludes a contract for the purpose of their entrepreneurial, commercial, artisanal or professional activity
      • Conditions: this contract that governs the relationship between the Owner and the Users and the sale or provision of the Products offered by the Owner through the Application.

2 – Detailed information on the Application’s offer

The Application provides users with the opportunity to purchase motorcycle components from WOB Design SRL, such as custom graphics, seat covers, and clothing, with a “standard” or “custom” level of personalization. It is possible to contact WOB Design Srl directly for the development of graphic elements. Finally, WOB Design Srl resells third-party components to offer a complete service to its customers.

3 – Scope of application of the Conditions

The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, they may not use the Application or the related services.

The Conditions may be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.

The Owner reserves the right to vary at its discretion, at any time even after the User’s registration, the graphic interface of the Application, the Content and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the related instructions.

4 – Purchase or supply request through the Application

All Products offered through the Application are described in detail on their product pages (quality, features, availability, price, delivery times and costs, supply times, additional charges, etc.). There may be some errors, inaccuracies, or small differences between what is published on the Application and the actual Product. Additionally, any images of the Products are for representation purposes only and do not constitute a contractual element

Purchases and/or supply requests of one or more Products through the Application are allowed for both Consumer and Non-Consumer Users.

For natural persons, purchases and/or supply requests are allowed only if they are of legal age. For minors, every purchase and/or supply request of Products through the Application must be evaluated and authorized by the parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered a contractual proposal for purchase and/or supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at their sole discretion, the right to accept or reject the User’s order without the User being able to object or complain for any reason.

The contract of sale or supply of Products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address indicated by the User or by displaying a web page confirmation order, in which the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and taxes, supply and execution times, the delivery address, delivery times, any delivery costs, the methods to exercise the right of withdrawal or its possible exclusion and warranty will be shown.

The contract of sale or supply of Products will not be considered effective between the parties in the absence of what is indicated in the previous paragraph.

n case the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking if they wish to confirm the order or not. It is understood that the contract will be deemed finalized only with respect to the Products accepted by the Owner.

The User agrees to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the related confirmation, and the Conditions.

5 – Registration

To use the functionalities of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accepting the privacy policy (https://www.iubenda.com/privacy-policy/67505029) and the Conditions.

The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner in case of suspected or known misuse or undue disclosure of the same.

he User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to indemnify and hold the Owner harmless from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the User’s violation of the rules on registration to the Application or the storage of registration credentials.

6 – Account Cancellation and Closure

The registered User may interrupt the use of the Application at any time and deactivate their account or request its cancellation through the Application interface if possible or by sending a written communication to the email address info@wobdesign.it.

In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

7 – Prices and Payments

For each Product, the price inclusive of VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

n addition, all possible taxes, additional charges, and delivery costs will be indicated, which may vary depending on the destination, the chosen delivery method, and/or the payment method used. If such expenses cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and all additional costs. It is understood that any changes in price will not in any case affect contracts already concluded before the modification.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all the necessary data if required.

The Application uses third-party tools for payment processing and does not come into any contact with the payment data provided (credit card number, name of the holder, password, etc.).

If these third-party tools should deny authorization for payment, the Owner will not be able to provide the Products and cannot be considered in any way responsible.

8 – Invoicing

The User who wishes to receive the invoice will be asked for the necessary billing information. For the issuance of the invoice, the information provided by the User will be considered valid, and the User declares and guarantees that such information is true, releasing the Owner from any liability in this regard.

9 – Delivery methods for physical products

Physical products and/or digital goods provided on a physical support will be delivered to the address indicated by the User, using the methods and within the time chosen or indicated on the Application and reported in the order confirmation. If not specified otherwise, the delivery terms specified in the order confirmation indicate the usual period of time necessary to deliver the Product from the moment the courier takes charge of it.

Standard products will be shipped within 14 days, except for holidays or force majeure events. For products that require customization, delivery times may vary depending on the customizations and project approvals.

In the event that it is not possible to provide the requested Products, the User will be promptly notified via email, with an indication of when they are expected to be delivered or the reasons why the supply is impossible.

If the User does not intend to accept the new term or delivery has become impossible, they may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In case of evident damages to the packaging and/or the Product, the User can refuse delivery of the Product and return it at no cost. Once the delivery document has been signed, the User cannot make any claims regarding the external characteristics of the delivered Products.

The Owner will not be liable to any party or third party regarding damages, losses and costs suffered as a result of the failure to execute the contract due to force majeure.

10 – Methods of providing digital products and services

The Owner will provide digital products and/or services to the User, using the methods and within the time indicated on the Application and reported in the order confirmation.

In the event that it is not possible to provide the requested digital products and services within that timeframe, the User will be promptly notified via email, with an indication of when they are expected to be provided or the reasons why the provision is impossible.

If the User does not intend to accept the new term or the provision has become impossible, they may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner became aware of the refund request.

11 – Exclusion of withdrawal right for non-Consumer Users

Non-Consumer Users are not granted the right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies them as a non-Consumer User, for whom the right of withdrawal is not provided.

12 – Right of withdrawal of Consumer Users from the purchase of physical Products

Only the Consumer User who, for any reason, is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address info@wobdesign.it, using the optional withdrawal form provided in the following article or any other written statement.

In the case of separate delivery of several Products ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.

Returns cannot be accepted for all products in the “Plastics” category that are purchased to be mounted on a motorcycle model that is not expressly specified in the title or description of the product. Indeed, these can only be mounted on the indicated models.

In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which they communicated their decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to bear the cost.

In case of correctly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated their decision to withdraw from the contract.

The Owner is not obliged to refund the delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent back the Product.

The Owner will not accept the return in case the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering, improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging them for the shipping costs.

13 – Right of withdrawal of Consumer Users from the purchase of digital Products and services

Only the Consumer User who, for any reason, is not satisfied with the Product, has the right to withdraw from the contract without penalty and without specifying the reason within 14 days from the conclusion of the contract, by sending a written communication to the email address info@wobdesign.it, using the optional withdrawal form provided in the following article or any other written statement.

In case of withdrawal correctly exercised, the Owner will refund to the Consumer User the payments received, using the same means of payment used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated the withdrawal from the contract.

In case of purchase of a digital Product, the Consumer User acknowledges and accepts to lose the right of withdrawal if the execution or download of the digital Product has begun with his express agreement and acceptance to lose the right of withdrawal after the execution or download has begun, pursuant to art. 59, letter o) of the Consumer Code.

In case of request for the provision of a service, the Consumer User acknowledges and accepts to lose the right of withdrawal after the full provision of the service if the provision has begun with his express agreement and acceptance to lose the right of withdrawal after the service has been performed, pursuant to art. 59, letter a) of the Consumer Code. Furthermore, the Consumer User acknowledges and accepts to lose the right of withdrawal if he has requested that the performance begin during the withdrawal period, pursuant to art. 51, paragraph 8.

Where the service provision has not been completely executed and the Consumer User wishes to withdraw from the contract, he is still obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Owner a proportional amount of what has been performed up to the moment in which he exercised the right of withdrawal.

14 – Exclusion of the right of withdrawal of the Consumer User

The right of withdrawal from the sales or supply contract of the Products by the Consumer User is excluded with respect to:

  • the supply of Products made to measure or clearly personalized

In cases of exclusion of the right of withdrawal, the Owner will return to the User the purchased Products, charging him the shipping costs.

For further clarification, please contact the Owner at the email address info@wobdesign.it.

15 – Optional form to exercise the right of withdrawal

  • The User may exercise the right of withdrawal by using the following form, which must be filled out in its entirety and sent to the email address info@wobdesign.it before the end of the withdrawal period:

I hereby give notice of my withdrawal from the contract of sale or supply relating to the following product __________
Order number:_______
Ordered on: _______
Name and surname: _______
Address:: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

16 – Warranty of physical products for non-Consumer Users

In relation to physical Products, non-Consumer Users will be subject to warranties for defects in the sold item, the warranty for promised and essential quality defects, and other warranties provided by the Civil Code, with their respective terms, expiration dates, and limitations (Articles 1490 et seq. of the Civil Code).

17 – Warranty of conformity for material Products for Consumer Users

The legal warranty of conformity provided for in articles 128-135 of the Consumer Code is recognized for all Products sold through the Application that fall within the category of “consumer goods”, as regulated by art. 128, 2nd paragraph of the Consumer Code: any movable property, even if assembled, except for i) goods subject to forced sale or sold in other ways by judicial authorities, also through notarial delegation, ii) water and gas, when not packaged for sale in a limited volume or determined quantity, iii) electricity.

The legal warranty of conformity is reserved for Consumer Users only.

The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. It is presumed that the Products are in conformity with the contract if, where relevant, the following circumstances coexist:

  • they are suitable for the use for which goods of the same type are habitually used;
  • they comply with the description given by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model;
  • they have the usual quality and performance of a good of the same type that the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, in particular in advertising or labeling;
  • they are also suitable for the particular use desired by the Consumer User and brought to the attention of the Owner at the time of conclusion of the contract and that the Owner has accepted also by conclusive acts.

Any malfunctions or defects determined by accidental events or the responsibility of the Consumer User or due to use of the Product not compliant with its intended use and/or with what is provided in the technical documentation attached are therefore excluded from the scope of the conformity warranty.

The lack of conformity that manifests within 24 months from the date of delivery of the Product must be reported within the following 2 months from the date of discovery of the defect.

Unless proven otherwise, it is presumed that defects of conformity that occur within 6 months from the delivery of the Product already existed on that date, unless such hypothesis is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, the Consumer User will have to prove that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User is entitled to have the conformity of the Product restored, free of charge. To this end, the Consumer User can choose between repairing the Product or replacing it.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. In addition, the Consumer User is entitled to an appropriate price reduction or to the resolution of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not carried out the repair or replacement within a reasonable period; iii) the replacement or repair has caused considerable inconvenience to the Consumer User.

If the Consumer User intends to avail themselves of the remedies provided for by the conformity warranty, they must send a written communication to the email address info@wobdesign.it.

The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the defect reported.

18 – User-Generated Content

The User may upload Content on the Application, provided that they are not unlawful (i.e., obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal or violating the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, or do not contain viruses, political propaganda, commercial solicitation, mass emails, or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and agrees to indemnify and hold harmless the Owner from any damage, loss, or expense.

The User guarantees that the Content is submitted to the Application through their account by individuals over the age of majority. For minors, the submission of Content must be reviewed and authorized by their parents or legal guardians.

The User is solely and exclusively responsible for the use of the Application regarding the functions of publication, consultation, management of Content, and contact between Users, and is, therefore, the sole guarantor and responsible for the accuracy, completeness, and legality of the Content and their own behavior.

It is prohibited to use an email address that is not owned by the User, use personal data and credentials of another User to appropriate their identity, or otherwise make false statements about the origin of the Content.

The Owner cannot ensure a punctual control of the received Content and reserves the right to delete, move, or modify those that, in its sole discretion, appear illegal, abusive, defamatory, obscene, or infringing on copyright and trademarks or in any case unacceptable.

Users grant the Owner a non-exclusive right to use the submitted Content without geographic limitations. Therefore, the Owner may directly or through trusted third parties use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, code, modify, and adapt (including without limitation, the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that is sent by the User, also through third parties.

The submitted Content will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of the transmitted Content.

It is expressly prohibited, except with the explicit authorization of the Owner: i) the use of automatic uploading systems for ads, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or methods, iii) the resale of the Owner’s services to third parties.

19 – Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or belonging to the Application and/or to the Contents available on the Application. Therefore, all trademarks, figurative or nominative, and all other signs, trade names, service marks, denominative marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain owned by the Owner or its licensees and are protected by the laws in force on trademarks and related international treaties.

The Terms and Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise specified.

Any reproductions in any form of explanatory texts and contents of the Application, if not authorized, will be considered as violations of the Owner’s industrial and intellectual property rights.

20 – Warranty Disclaimer

The Application is provided “as is” and “as available”, and the Owner provides no express or implied warranty regarding the Application, nor does it provide any warranty that the Application will meet Users’ needs or will be uninterrupted, error-free, or free from viruses or bugs.

The Owner will make every effort to ensure that the Application is available 24 hours a day without interruption, but cannot be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended and without notice in the event of a system failure, maintenance, repairs, or for reasons beyond the Owner’s control or for force majeure events.

21 – Limitation of Liability

The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for malfunctions or other issues related to the use of the internet outside of his or her control or that of his or her suppliers.

Furthermore, the Owner shall not be liable for any damages, losses, or costs incurred by the User due to the failure to fulfill the contract for reasons beyond his or her control. The User shall only have the right to a possible full refund of the price paid and any related charges.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, as he or she does not come into contact in any way with the payment data used (credit card number, cardholder name, password, etc.).

The Owner shall not be liable for:

  • any loss of business opportunity or any other indirect loss suffered by the User that is not a direct consequence of the Owner’s breach of contract
  • improper or inappropriate use of the Application by Users or third parties
  • issuance of incorrect tax documents or data due to errors related to the data provided by the User,

as the User is solely responsible for providing accurate information In no event shall the Owner be liable for an amount greater than double the cost paid by the User.

22 – Force Majeure

The Owner shall not be liable for any failure or delay in performance of its obligations due to circumstances beyond its reasonable control, including but not limited to force majeure events or any other unforeseen and unpredictable events, and in any event, beyond the Owner’s control.

The Owner’s performance of its obligations shall be suspended for the period during which force majeure events occur.

The Owner shall take any action within its power to identify solutions that allow the proper performance of its obligations despite the persistence of force majeure events.

23 – Links to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and therefore is in no way responsible for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general terms and conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, for which the Owner assumes no responsibility.

24 – Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://www.iubenda.com/privacy-policy/67505029

25 – Applicable law and competent court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, performance, and interpretation of these Conditions will be submitted to the jurisdiction of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the Consumer User’s right to bring an action before a judge other than that of the “consumer forum” under Article 66 bis of the Consumer Code, competent for territory according to one of the criteria referred to in Articles 18, 19, and 20 of the civil procedural code.

Consumer Users who do not have their habitual residence in Italy are subject to the potentially more favorable and non-derogable provisions of the law of the country in which they have their habitual residence, in particular regarding the term for exercising the right of withdrawal, the term for the return of Products in case of exercising such right, the methods and formalities of communicating the same, and the legal guarantee of conformity.

For non-Consumer Users, any dispute relating to the application, performance, and interpretation of these Conditions will be submitted to the jurisdiction of the place where the Owner has its registered office.

26 – Online Dispute Resolution for Consumer Users

The Consumer User resident in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and supply of services entered into online. Therefore, the Consumer User can use this platform for the resolution of any dispute arising from the online contract. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 21/04/2023