Terms & Conditions

This document (the “Terms and Conditions”) governs the offer and sale of products through the website https://www.grafiteoffroad.com/.

The products marketed through the Website are sold by Grafite S.r.l., having its registered office at Via Arena 27, 36045 Lonigo (VI), Italy, VAT No./Tax Code 04547820243.

Each time a User intends to place a purchase order, the User must declare that they have read, understood, and accepted these Terms and Conditions. Failure by the User to accept these Terms and Conditions shall prevent the placement of any order for products offered for sale on the Website.

1. Definitions

1.1 For the purposes of the interpretation and acceptance of these Terms and Conditions, the following terms, whether used in the singular or plural, shall have the meanings set out below:

• Seller: Grafite S.r.l., having its registered office at Via Arena 27, 36045 Lonigo (VI), Italy, VAT No./Tax Code 04547820243, Company Registration No. (REA) VI412226;
• Website: the website https://www.grafiteoffroad.com/;
• Products: the products offered for sale on the Website;
• User: any person accessing and using the Website;
• Consumer: any natural person of legal age who enters into a contract for purposes outside their trade, business, craft, or profession;
• Business Customer or Professional: any natural or legal person acting in the course of their trade, business, craft, or profession, or any intermediary acting on their behalf;
• Terms and Conditions or Conditions: this document governing the relationship between the Seller and Users, as well as the sale or supply of Products offered through the Website.

1.2 Sales made through the Website are primarily intended for Consumers. Where a sale is concluded with a Business Customer, such Business Customer shall not be entitled to rely upon any rights, protections, or time limits expressly granted under these Terms and Conditions exclusively for the benefit of Consumers.

2. Scope of Application of the Terms and Conditions

2.1 By using the Website, the User accepts these Terms and Conditions. Should the User not intend to accept these Terms and Conditions and/or any other notice, legal disclaimer, or information published on or referred to by the Website, the User must refrain from using the Website and its related services.

2.2 The Seller reserves the right to amend these Terms and Conditions at any time.

2.3 The Terms and Conditions applicable to any purchase shall be those in force on the date on which the purchase order or request for supply of a Product is submitted.

2.4 By placing an order, you represent and warrant that:

a) you are at least 18 years of age (if you are a natural person);

b) you possess the legal capacity and authority necessary to enter into a contract of sale with the Seller; in particular, and without limitation, that you are duly authorised by the competent corporate bodies where applicable, that you are not subject to any judicial or administrative order limiting your legal capacity, and/or that you have the authority to act on behalf of the person or entity identified as the actual contracting party and beneficiary of the purchase.

3. Purchase or Request for Supply through the Website

3.1 All Products offered through the Website are described on the relevant product pages (including quality, characteristics, availability, price, delivery costs, additional charges, and other relevant information). Errors, inaccuracies, or minor discrepancies may occur between the information published on the Website and the actual Product. Furthermore, any images of the Products are provided for illustrative purposes only and shall not constitute a contractual element.

3.2 The display of Products on the Website constitutes an invitation to treat, and any order submitted by the User shall constitute a contractual offer to purchase and/or request the supply of the relevant Product, subject to confirmation and/or acceptance by the Seller as described below. Accordingly, the Seller shall have the sole and absolute discretion to accept or reject any order submitted by the User, without the User being entitled to raise any claim, objection, or complaint on any grounds whatsoever.

3.3 The contract for the sale or supply of Products shall be deemed concluded upon acceptance by the Seller of the User’s contractual offer. The Seller shall communicate its acceptance by sending an order confirmation to the email address provided by the User or by displaying an order confirmation webpage indicating, among other things, the order date, the User’s details, the characteristics and availability of the Product, the price or the method of calculating the price, any applicable taxes and additional charges, the delivery address, the estimated delivery times, and any delivery costs.

3.4 No contract for the sale or supply of Products shall be deemed effective between the parties unless and until the conditions set out in the preceding clause have been satisfied.

3.5 Should a Product become unavailable, the Seller shall inform the User of the revised delivery or supply schedule and shall request confirmation as to whether the User wishes to proceed with the order. It is understood that the contract shall in any event be deemed concluded solely with respect to those Products accepted by the Seller.

3.6 The User undertakes to verify the accuracy of the information contained in the order confirmation and to promptly notify the Seller of any errors. The User shall retain a copy of their order, the relevant order confirmation, and these Terms and Conditions for future reference.

4. Registration

4.1 To place orders, Users may either register by providing all information requested in the registration form in a complete and truthful manner and accepting the Privacy Policy in full, or proceed as a guest user.

4.2 Users are responsible for safeguarding their login credentials, which must be used exclusively by the User and may not be transferred to any third party. Users undertake to keep such credentials confidential, to ensure that no third party gains access to them, and to immediately notify the Seller if they suspect or become aware of any unauthorised use or disclosure thereof.

5. Account Deletion and Closure

5.1 Registered Users may cease using the Website at any time and may deactivate their account or request its deletion through the Website interface, where available, or by sending a written communication to info@grafiteoffroad.com or by contacting Customer Service at +39 3316514866.

5.2 In the event of any breach by the User of these Terms and Conditions or any applicable law, the Seller reserves the right to suspend or terminate the User’s account at any time and without prior notice.

6. Prices and Payments

6.1 The price of each Product is indicated inclusive of VAT, where applicable.

6.2 Any applicable taxes, additional charges, and delivery costs shall also be indicated. Such costs may vary depending on the destination, the selected delivery method, and/or the payment method used.

6.3 The Seller reserves the right to amend the prices of the Products and any additional costs at any time. Any such amendments shall not affect contracts already concluded prior to the relevant price change.

6.4 The User undertakes to pay the price of the Product within the timeframes and by the methods indicated on the Website and to provide all information that may be required for processing the order.

6.5 The Website uses third-party payment processing services and does not in any way access or store the payment details provided by Users (including credit card numbers, account details, passwords, or similar information).

6.6 Should any third-party payment service provider refuse payment authorisation, the Seller shall not be obliged to supply the Products and shall not be liable in any respect for such refusal.

7. Invoicing

7.1 Users wishing to receive an invoice will be required to provide the necessary billing information. The invoice shall be issued on the basis of the information supplied by the User, who represents and warrants that such information is true, accurate, and complete, and agrees to indemnify and hold the Seller harmless from any claims, liabilities, or losses arising therefrom.

8. Delivery of Products

8.1 Products shall be delivered to the address specified by the User, using the method and within the timeframe selected by the User or otherwise indicated on the Website and confirmed in the order confirmation. Unless otherwise specified, delivery times indicated in the order confirmation represent the period normally required for delivery of the Product from the moment the carrier takes charge of the shipment.

8.2 If the requested Products cannot be supplied, the User shall be informed promptly by email and provided with an indication of the expected delivery date or the reasons preventing supply.

8.3 If the User does not wish to accept the revised delivery date, or if delivery has become impossible, the User may request a refund of any amounts paid. Such refund shall be made without undue delay using the same payment method used for the original purchase and, in any event, no later than fourteen (14) days from the date on which the Seller becomes aware of the refund request.

8.4 Upon receipt of the Product, the User shall verify that the Product conforms to the order placed and that the packaging is intact. If any visible damage to the packaging and/or the Product is identified, the User may refuse delivery and return the Product at no cost. Once the delivery documentation has been signed, the User shall no longer be entitled to raise objections concerning the external condition of the delivered Products.

8.5 The Seller shall not be liable to any party or third party for any damage, loss, or costs arising from failure to perform the contract where such failure results from events of force majeure.

9. Right of Withdrawal for Consumers Purchasing Physical Products

9.1 The Consumer shall have the right to withdraw from the Contract, without providing any reason and without incurring any costs other than those provided for by applicable law, within fourteen (14) days from the date on which the Consumer acquires physical possession of the Product.

The right of withdrawal may be exercised by completing and submitting the return request form available in the relevant section of the Website via the “Returns” button and filling in the designated form, or by means of any other unequivocal statement expressing the consumer’s decision to withdraw from the contract, to be sent to the following e-mail address: info@grafiteoffroad.it.

9.2 Where multiple Products ordered in a single order are delivered separately, the fourteen (14)-day withdrawal period shall commence on the day on which the Consumer receives the last Product.

9.3 In the event of withdrawal, the Consumer shall return the Product to the Seller without undue delay and, in any case, no later than fourteen (14) days from the date on which the Consumer communicated the decision to withdraw from the contract. The Consumer shall bear only the direct cost of returning the Product.

9.4 Where the right of withdrawal has been validly exercised, the Seller shall reimburse all payments received from the Consumer using the same payment method used for the initial transaction, without undue delay and in any event within fourteen (14) days from the date on which the Consumer communicated the decision to withdraw.

9.5 The Seller shall not be required to reimburse any supplementary delivery costs where the Consumer has expressly chosen a type of delivery other than the least expensive standard delivery option offered by the Seller.

9.6 Unless the Seller has offered to collect the Product directly, the Seller may withhold reimbursement until the Product has been received or until the Consumer has supplied evidence of having returned the Product, whichever occurs first.

9.7 The Seller reserves the right to refuse returned Products that are found to be damaged or defective as a result of improper use, negligence, physical, aesthetic or superficial damage, unauthorised alterations, tampering, improper maintenance, normal wear and tear, or the absence of integral components of the Product (including accessories, parts, or similar items). In such cases, the Seller shall return the Product to the sender and charge the relevant shipping costs to the Consumer.

10. Exclusion of the Right of Withdrawal for Business Customers

10.1 Business Customers shall not be entitled to exercise any right of withdrawal from contracts for the sale or supply of Products. The User expressly acknowledges and agrees that the inclusion of a VAT number in the order automatically qualifies the purchaser as a Business Customer, for whom no statutory right of withdrawal is available.

11. Optional Withdrawal Form

11.1 The User may exercise the right of withdrawal by using the following form, which must be sent to info@grafiteoffroad.com before the expiry of the withdrawal period:

Notice of Withdrawal

I hereby give notice that I withdraw from my contract of sale and/or supply relating to the following Product:

Product: __________________________

Order Number: _____________________

Ordered on: _______________________

Name and Surname: _________________

Address: __________________________

Email address associated with the account used to place the order:

Date: _____________________________

12. Legal Guarantee of Conformity for Consumers

12.1 All Products sold through the Website are covered by the statutory legal guarantee of conformity provided for under Articles 128 to 135-septies of the Italian Consumer Code (Codice del Consumo).

12.2 The legal guarantee of conformity applies exclusively to Consumers.

12.3 The Seller is obliged to deliver Products that conform to the sales contract. Products shall be presumed to conform to the contract where, where relevant, they:

• are fit for the purposes for which goods of the same type are normally used;
• correspond to the description given by the Seller and possess the qualities of any sample or model presented to the Consumer;
• possess the quality and performance that are normal in goods of the same type and which the Consumer may reasonably expect, taking into account the nature of the Product and, where applicable, any public statements regarding the specific characteristics of the Product made by the Seller, the manufacturer, or their representative, particularly in advertising or labelling;
• are suitable for any particular purpose required by the Consumer and made known to the Seller at the time of conclusion of the contract, which the Seller has accepted, whether expressly or by implication.

12.4 The legal guarantee of conformity shall not apply to defects or malfunctions resulting from accidental events, acts or omissions attributable to the Consumer, or use of the Product that is inconsistent with its intended purpose and/or with the instructions contained in the accompanying technical documentation.

12.5 The legal guarantee covers any lack of conformity that becomes apparent within twenty-four (24) months from the date of delivery of the Product.

12.6 Unless proven otherwise, any lack of conformity that becomes apparent within one (1) year from delivery shall be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the Product or the nature of the defect. After the expiry of such one-year period, the Consumer shall bear the burden of proving that the defect was not caused by improper or incorrect use of the Product.

12.7 Pursuant to Article 135-bis of the Italian Consumer Code, in the event of a lack of conformity, the Consumer shall be entitled to have the Product brought into conformity free of charge. For this purpose, the Consumer may normally choose between repair and replacement. This right of choice shall not apply where the chosen remedy is impossible or would impose disproportionate costs on the Seller compared with the alternative remedy, taking into account all relevant circumstances as provided by Article 135-bis of the Italian Consumer Code.

12.8 In accordance with Article 135-bis, paragraph 4, of the Italian Consumer Code, the Consumer shall be entitled to a proportionate reduction of the price or to terminate the sales contract only where repair or replacement has not been carried out, it is evident that such remedy will not be provided, or the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. Termination shall not be available where the lack of conformity is minor.

12.9 Consumers wishing to exercise their rights under the legal guarantee of conformity must submit a written notice to info@grafiteoffroad.com or contact Customer Service at +39 3316514866.

12.10 The Seller shall promptly respond to any notification of an alleged lack of conformity and shall inform the Consumer of the procedure to be followed, taking into account the category of Product concerned and/or the nature of the defect reported.

13. Limitation of Liability

13.1 Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable to the User for any service interruptions or malfunctions connected with the use of the internet network that are beyond the Seller’s reasonable control or the control of its service providers.

13.2 The Seller shall not be liable for any damages, losses, or costs incurred by the User as a result of failure to perform the contract due to causes not attributable to the Seller. In such circumstances, the User shall only be entitled to reimbursement of any amounts paid and any ancillary charges incurred.

13.3 The Seller accepts no liability for any fraudulent or unlawful use by third parties of credit cards or other payment methods, as the Seller does not have access to or process the payment information used for purchases (including credit card numbers, account details, passwords, or similar information).

14. Force Majeure

14.1 The Seller shall not be held liable for any failure or delay in the performance of its obligations where such failure or delay results from circumstances beyond the Seller’s reasonable control, including events of force majeure or other unforeseen and unforeseeable events beyond its control.

14.2 The performance of the Seller’s obligations shall be suspended for the duration of any force majeure event.

14.3 The Seller shall take all reasonable measures within its power to identify solutions enabling the proper performance of its obligations notwithstanding the continuation of any force majeure event.

15. Links to Third-Party Websites

15.1 The Website may contain links to third-party websites and/or applications. The Seller exercises no control over such websites or applications and therefore accepts no responsibility whatsoever for their content.

15.2 Some of these links may direct Users to third-party websites and/or applications that provide services through the Website. In such cases, the terms and conditions governing the use of those websites, applications, and services shall apply, and the Seller shall not assume any responsibility in relation thereto.

16. Privacy

16.1 The collection and processing of personal data shall be carried out in accordance with the Privacy Policy, which is available at:

https://www.grafiteoffroad.com/

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy.

17.2 For Consumers, any dispute relating to the application, execution, or interpretation of these Terms and Conditions shall be subject to the jurisdiction of the court of the Consumer’s place of residence or elected domicile, provided that such residence or domicile is located within Italy, without prejudice to the Consumer’s right to bring proceedings before another competent court pursuant to Article 66-bis of the Italian Consumer Code and Articles 18, 19, and 20 of the Italian Code of Civil Procedure.

17.3 Consumers who do not habitually reside in Italy shall remain entitled to any mandatory and more favourable provisions of the law of their country of habitual residence, particularly with regard to withdrawal rights, deadlines for returning Products, the procedures and formalities for exercising such rights, and the legal guarantee of conformity.

18. Complaints and Alternative Dispute Resolution

18.1 Consumers may submit complaints relating to Products purchased and/or the Contract by contacting the Seller using the contact details provided in these Terms and Conditions and on the Website.

The Seller shall examine the complaint and provide a response within a reasonable period of time.

Where a dispute is not resolved following a complaint submitted directly by the Consumer, the Seller shall provide the Consumer, on a durable medium, with information concerning the Alternative Dispute Resolution (ADR) body or bodies competent pursuant to Articles 141-bis et seq. of the Italian Consumer Code and shall indicate whether it intends to participate in such ADR procedures for the resolution of the dispute.

Nothing in this clause shall prejudice the Consumer’s right to bring proceedings before the competent judicial authority.