1. Preamble and Definitions
These General Terms and Conditions of Sale (hereinafter, 'General Conditions') govern the distance offering and sale of products, spare parts, and accessories for motorcycles and mopeds via the Tommaselli e-commerce platform.
For the purposes of these General Conditions, the following definitions shall apply:
- Seller: Tommaselli S.r.l., having its registered office at Via Lecco n. 2, Sirtori (LC), Italy, Tax Code 02684130012, VAT No. 01976490134, Certified Email (PEC) tommaselli@pec.domino-group.com, owner of the Tommaselli trademark.
- Customer / Consumer: the natural person acting for purposes which are outside his or her trade, business, craft, or profession, pursuant to Article 3, paragraph 1, letter a) of Italian Legislative Decree No. 206/2005 (Consumer Code).
- Website: the e-commerce web portal domino-group.com/tommaselli dedicated to B2C sales.
- Products: products, spare parts, and accessories for motorcycles and mopeds offered via the Tommaselli e-commerce platform.
These General Conditions apply exclusively to purchases made by Consumers. Any amendment or update to the General Conditions shall be applicable solely to orders submitted subsequent to the date of publication thereof on the Website.
2. Registration and Use of the Website
In order to complete a purchase, the Customer may proceed either by creating a personal account or via 'guest checkout' mode. During registration, the Customer undertakes to provide truthful, accurate, and updated personal data.
The Customer shall be solely and exclusively responsible for maintaining the confidentiality and custody of their access credentials (username and password) and shall be held liable for all activities conducted through their account. The following actions are strictly prohibited:
- Using the platform for unlawful, fraudulent purposes, or in violation of third-party rights.
- Performing automated data extraction operations (scraping), or duplicating/copying content protected by intellectual property rights (trademarks, images, technical data sheets, logos) without prior written authorization.
- Carrying out acts intended to alter, compromise, or overload the IT security and integrity of the platform.
3. Execution of the Contract
The display of products on the Website does not constitute a binding offer to the public, but rather an invitation to treat (invitatio ad offerendum). The placement of an order by the Customer constitutes a binding contractual purchase offer, subject to explicit acceptance by the Seller.
The sales contract shall be deemed concluded and effective solely upon transmission by the Seller to the Customer, via email, of the Order Confirmation, containing a summary of the purchased goods, total price, shipping costs, and delivery address.
The Seller expressly reserves the right not to accept or to cancel orders in the following cases:
- Orders that are anomalous in terms of quantity or purchase frequency.
- Suspected fraudulent activity or improper use of payment instruments.
- Presence of obvious material or typographical errors in the product sheet or price (e.g., macroscopic clerical errors).
4. Prices, VAT, and Customs Duties
All sales prices indicated on the Website are expressed in Euros (€) and are inclusive of Value Added Tax (VAT) and any other applicable taxes at the time of purchase for European Union countries.
Prices do not include shipping and delivery charges, which are calculated and displayed during the final checkout phase prior to order submission.
Extra-EU Shipments: The total amount specified in the order and Order Confirmation does not include potential customs duties or other local taxes. Such charges, if applicable, shall remain the sole responsibility of the Customer, who undertakes to settle them directly in addition to the stated price, in compliance with the laws in force in the country of destination. Such duties/taxes must be paid directly to the carrier or customs authorities upon delivery.
5. Payment Methods
Payment for products purchased on the Website may be executed exclusively via the methods specified in the dedicated section of the platform (e.g., Credit/Debit Cards, PayPal, Bank Transfer, Klarna/Scalapay, or other integrated digital payment systems).
All financial transactions are processed through secure servers encrypted via SSL/TLS protocol.
The Seller neither acquires nor stores complete financial details pertaining to the Customer's credit cards or payment accounts in any manner.
In the event of non-debiting or delayed charging of the total amount due to technical reasons or bank authorization failure, the order cannot be processed until payment is successfully completed.
6. Order Processing and Shipments
The Seller shall arrange for the processing and dispatch of confirmed orders approximately within 5 (five) working days following receipt of payment. Shipments are entrusted to primary express couriers.
Transport and delivery estimates communicated on the Website are purely indicative and do not constitute an essential deadline for the Seller. In any event, pursuant to Article 61 of the Consumer Code, delivery shall take place no later than 30 days from the date of contract conclusion, unless otherwise expressly agreed between the parties.
The Seller shall not be held liable for delivery delays attributable to force majeure events, extraordinary weather conditions, strikes, or road blockades.
7. Receipt of Goods and Transfer of Risk
Pursuant to Article 63 of the Consumer Code, the risk of loss of, or damage to, the products transfers to the Consumer only when the latter (or a third party designated by them, other than the carrier) acquires physical possession of the goods.
Upon delivery by the courier, the Customer is required to carefully verify:
- That the number of packages corresponds to that indicated in the transport document.
- That the packaging is intact, undamaged, not wet, and that closing seals are unalterated.
In the event of visible damage to the packaging or sealing tape, the Customer is strongly urged to accept the shipment by placing a specific written reservation on the courier's Proof of Delivery (POD) (e.g., 'Accepted with reservation due to crushed/damaged box') or to reject delivery. Any anomalies found must be reported promptly to Tommaselli Customer Service, accompanied by suitable photographic documentation of the packaging and damaged goods.
8. Product Availability Management
Product availability indicated in the information sheets on the Website is continuously updated, but must be considered indicative as it is subject to concurrent purchases by multiple users.
Should an ordered product prove to be partially or totally unavailable after the issuance of the Order Confirmation due to sudden stock misalignment or force majeure:
- The Seller shall promptly notify the Customer via email.
- The Customer may choose to wait for product restocking, replace it with an item of equivalent value, or cancel the order.
- In case of cancellation, the Seller shall issue a full refund of all amounts already paid by the Customer no later than 14 days from notification of cancellation.
9. Legal Warranty of Conformity
All products sold to the Consumer on the Website are covered by the Legal Warranty of Conformity for a period of 24 months from delivery, as provided for under Articles 128 et seq. of the Consumer Code.
In case of a conformity defect, the Consumer is entitled to have the goods brought into conformity free of charge by repair or replacement, or to an appropriate price reduction, or termination of the contract, in accordance with statutory criteria. The Customer bears the responsibility of retaining proof of purchase (invoice, receipt, or order confirmation) to exercise warranty rights.
Exclusions from Warranty: The legal warranty shall under no circumstances cover defects or damages caused by or arising from:
- Normal wear and tear or physiological deterioration of components subject to friction or consumption (e.g., grips, levers, cables, friction pads).
- Improper, incorrect, negligent use, or use non-compliant with the manufacturer's instructions.
- Faulty or non-professional installation, incorrect assembly, or maintenance not conforming to the Seller's instructions.
- Unauthorized modifications, tampering, or repairs executed by the Customer or third parties.
10. Products for Racing / Competition Use Only
Products expressly labeled on the Website with the designation 'Racing', 'Track Use Only', or 'Not Approved for Highway Use' are developed and designed exclusively for use in sports competitions on closed tracks or private non-traffic areas.
The use of such products on public roads or roads open to the public is strictly prohibited by law and road traffic regulations, and may result in administrative sanctions, vehicle impoundment, or forfeiture of insurance coverage. The Customer assumes full and exclusive legal liability arising from improper installation and use of such components outside permitted environments.
For safety protection, the installation of technical components, levers, handlebars, and throttle controls must be mandatorily performed by qualified and authorized mechanical personnel. The Seller disclaims all liability for damage to property or injury to persons resulting from non-workmanlike installation.
11. Statutory Right of Withdrawal
Pursuant to Article 52 of the Consumer Code, the Consumer has the right to withdraw from the purchase contract, without specifying any reason and without penalty, within a period of 14 (fourteen) days from the day on which the Consumer (or a designated third party) acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform the Seller by sending an explicit declaration before the expiration of the withdrawal period (via online return form, registered mail with advice of receipt, or dedicated email).
Customer Obligations and Returns:
- The Customer must send back the goods to the Seller within 14 days from the date on which they communicated their decision to withdraw.
- The direct costs of returning the goods shall be borne exclusively by the Customer, unless otherwise expressly indicated or promoted by the Seller.
- Products must be returned intact, in their original packaging, complete with all accessories and instruction manuals, and free from signs of wear, assembly, or damage.
- The Consumer is solely liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products.
Refunds: Upon receipt of the returned goods, the Seller shall inspect their condition, without prejudice to the Consumer's liability for diminished value. The Seller shall refund all payments received from the Consumer, including standard delivery costs (additional costs resulting from non-standard delivery options chosen by the Consumer shall not be refunded). Refunds shall be processed using the same payment method used for the initial transaction within 14 days from receipt of withdrawal notification. The Seller may withhold the refund until receipt of the goods or proof of return shipment.
12. Exclusions from the Right of Withdrawal
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is expressly excluded in respect of:
- The supply of goods made to specification or clearly personalized upon Customer request (e.g., custom machined handlebars, custom engravings, custom-length wiring).
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Products which, after delivery, are by their nature inseparably mixed with other items.
13. Voluntary Commercial Returns and Product Exchange
Outside the statutory withdrawal scenarios under Article 11, return or replacement requests made by the Customer due to mere purchasing error (e.g., incorrect selection of model/size) may be evaluated and authorized at the sole and absolute discretion of the Seller.
In the event a voluntary commercial return is granted:
- Products must never have been installed, road-tested, or altered in any part.
- All transportation costs for returning and reshipping goods shall be fully borne by the Customer.
- The Seller reserves the right to apply a percentage deduction (up to 15%) from the refunded amount as restocking fee for administrative, logistical, and reconditioning costs.
14. Privacy Policy and Cookies
Personal data collected during Website access and contract execution are processed in accordance with applicable European and Italian data protection regulations.
Purposes, methods of processing, cookie usage, and data subject rights are detailed in the Privacy Policy and Cookie Policy sections available at the footer of the Website.
15. Alternative Dispute Resolution (ADR)
The Consumer may resort to Alternative Dispute Resolution (ADR) entities for out-of-court settlement of disputes relating to contracts concluded via the Website, pursuant to Articles 141 et seq. of the Consumer Code.
16. Applicable Law and Jurisdiction
These General Conditions and all individual sales contracts concluded between the Seller and Consumer via the Website shall be governed by and construed in accordance with Italian law.
For any dispute arising from the interpretation, validity, performance, or termination of these General Conditions or individual orders:
- Consumer Jurisdiction: If the Customer is a Consumer under the Consumer Code, mandatory territorial jurisdiction lies exclusively with the Court of the place of residence or domicile of the Consumer, provided it is located within the Italian territory.
- For customers not resident in Italy or cases excluded from consumer protection laws, jurisdiction shall be determined according to mandatory provisions of applicable national and European legislation.
