General Terms & Conditions of Sale
Welcome to wdmotorsports.com. You may use, access, and purchase products from the United States section of WD Motorsports in accordance with these terms and conditions (the "General Terms and Conditions of Sale").
You agree to comply with and be bound by these General Terms and Conditions of Sale using the WD Motorsports US Website. You are not permitted to use the WD Motorsports US Site to buy goods or services if you disagree with these general terms and conditions of sale.
Acceptance of these Terms and Conditions of Sale shall be assumed to have occurred upon your purchase of goods or services. Please let us know if you think there might be a mistake in these terms.
The Subjects of Terms & Conditions
- These general terms and conditions of sale apply to the remote offering and purchase of goods and services through the wireless telecommunication network of the website.
- In consideration of prospective legislative changes, the Seller maintains the right to alter these general terms and conditions of sale at any time. The date they are published on the website will be considered the effective date of the revised general terms and conditions of sale. There is an Effective Date for the General Terms and Conditions of Sale at the top of the page. To be sure you have read the most recent General Terms and Conditions of Sale, please check back each time you make a transaction.
Parties (Seller and Customer)
- Seller: WD Motorsports
- Customer: The party identified by the data entered when completing and submitting the electronic order form, with simultaneous acceptance of these General Terms and Conditions of Sale (hereinafter the "Customer"). False, invented, or created names entered by the Customer in the online order procedure and subsequent communication are strictly prohibited. To protect all consumers, the Seller reserves the right to take legal action to pursue any violation and abuse. The Customer also releases the Seller from all liability arising from the issuance of false tax documents due to errors in the data supplied by the Client, as the Client is the only party responsible for the correct entry.
- Purchases made through the Website (Exclusive of Dealership) are only available to end-user customers and not available to traders, wholesalers, retailers, professionals, and others who intend to sell their products to third parties. The term "consumer" refers to any natural person who uses the Website for purposes unrelated to their commercial, entrepreneurial, or professional business. Non-Consumer Clients are asked not to conduct commercial transactions on the Website. In any case, the Seller reserves the right not to process orders placed by parties other than the Consumer or orders that are not in accordance with its commercial policy.
- The Seller's non-binding presentation of the Products on the Website is merely an invitation to the Customer to submit a contractual purchase proposal; it is not a general offer.
- The buyer is not granted permission to use the product names or images for commercial purposes. Any warranties, guarantees, or promises will be null and void if the product is resold to a non-consumer after the initial sale because it is assumed that the buyer is an end user.
Sales Through the Website (Online Sales)
- An "online contract of purchase or sale" is a remote contract, i.e., a legal transaction involving the sale of movable assets, including services like cleaning/restoration, stipulated by the Seller and the Customer as part of a remote sales system set up by the Seller, which, for that contract, uses the remote communication technology known as the internet. These agreements will therefore be made directly between the Customer and the Seller when the Customer accesses the Website and completes the electronic order form, and sends it to the Seller, once again electronically, in accordance with the provided instructions. Only the Products listed on the Website may be purchased by the Customer, at a price listed there, barring incorrect pricing, by following the steps outlined on the Website. The following details must be provided by the Client when placing an order: name, address, email, delivery and billing addresses, phone number, and any information pertaining to the chosen method of payment. Purchase requests coming from outside the United States or intended for addresses that the Seller is unable to deliver to (due to things like, for example, the Product ordered not being approved for the relevant nation) are not accepted by the Seller.
- Each Product on the Website is supplied with a technical data sheet detailing its key features and requirements. The product may not accurately represent the image that comes with each technical sheet that details it; the product's colors, sizes, and inclusion of accessories may differ from what is seen in the image. The Seller is under no duty to notify customers of changes ahead of time. Product sheets are accessible for a free review. The Seller denies all obligation for any imprecision relating to the Product sheets insofar as they are offered for information only.
All costs are listed in US dollars unless otherwise noted in writing. When an order is sent to the Seller, prices are always valid only in the manner specified by the process (product sheet or order form). There is no requirement to give notification of price changes. Unless incorrect, the price shown when the Seller verifies the order is the sole accurate pricing. This amount must be increased by applicable taxes, duties, postage, or other fees based on the client's specified delivery address. The client is liable for taxes, duties, postage, or additional fees.
- The Seller will send an email to the address the Customer provided to confirm receipt of the order. The confirmation message includes the order date, specifics (including price, payment method information, and mailing charges), and a "Customer order number" that should be used in any correspondence with the Seller. The message will include all information submitted by the customer, who agrees to verify its accuracy and report any errors as soon as possible in the manner recommended by the website. The Seller may email the Customer to obtain further information about the purchase order placed through the Website before providing an order confirmation.
- Without limiting the provisions of the Section below, when the Seller ships the Product, it will send the Customer an email confirming delivery. This email will also include the tracking number, allowing the Customer to follow the Product's progress.
Unavailability of The Products - Pre Booking
- The Website indicates the temporary unavailability of Products (or particular sizes, measures, etc.) by omitting to display the Products or the relevant sizes/measurements.
- The Seller will notify the Customer via email to the address provided at registration within a reasonable amount of time if the Products ordered should become unavailable after the Customer has provided order confirmation on the website (as described in the section above) and will refund the payment if it has already been made (the time of effective re-crediting of the amount paid will depend on the payment means chosen by the Customer). The payment will only be partially refunded if the Product is only partially unavailable.
- A Product booking service will be accessible in some circumstances and for some Products, chosen at the Seller's discretion, with delivery dates set each time explicitly. In these situations, the Seller will refund the Customer any payments already made if the Product booked should actually be unavailable after the agreed-upon delivery terms have expired.
Acceptance of the Overall Terms & Conditions of Sale
- By sending a telematic confirmation of the purchase order, the Customer unconditionally accepts the general terms and conditions of sale and payment outlined in this document and agrees to abide by them in all of his interactions with the seller. He also confirms that he has read and agrees to all instructions given to him and understands that the seller will not be obligated by any other terms unless specifically acknowledged in writing and agreed to in advance. Customers are requested not to submit an order form to acquire Products from the Website if they disagree with any of the terms stated in these General Terms and Conditions of Sale.
Retail Prices, Taxes, and Duties
- All costs are listed in US dollars unless otherwise noted in writing. Due to varying State rules, applicable taxes or customs may be determined at the time of checkout. When an order is sent to the Seller, prices are always valid only in the manner specified by the process (product sheet or order form). There is no requirement to give notification of price changes. Unless incorrect, the price shown when the Seller verifies the order is the sole accurate pricing.
- Delivery fees are not included in the listed prices. These are computed before the Seller sends the Customer an order confirmation. The Customer agrees to pay the Seller these additional delivery charges in addition to the price listed on the Website.
- Any additional fees, charges, taxes, and/or duties that a specific nation may impose, under any legal title, on the Products ordered in line with these General Terms and Conditions are the customer's responsibility.
- The Client acknowledges that failure to foresee any expenses, charges, taxes, and/or duties mentioned in the paragraphs mentioned earlier at the time an order is placed to the Seller will not be cause to terminate this Agreement or cause the Seller to bear any such costs.
- The customer may use any of the methods listed on the website to pay for the purchased products and any associated delivery fees (credit card, PayPal, and bank transfer).
- When an online transaction for the purchase of Products using a credit card is complete, the reference bank will only deduct the amount associated with the order from the customer's credit card after the seller has approved the order.
- In the event that the Customer (a Consumer) uses his right to cancel, the Seller shall direct the bank to immediately credit the amount to be reimbursed to the Customer's credit card in accordance with the terms set forth in Article 12 below. The Customer's credit card information is never disclosed to the Seller during the purchase process; instead, it is delivered via a secure, encrypted link to the website of the bank processing the transaction.
- The Seller may not keep this data in any electronic archives. Therefore, once the client has paid for the Products they purchase from the website, the Seller is under no circumstances responsible for any fraudulent or improper use of their credit cards by third parties.
- If payment is to be made to the Seller by bank transfer, the Customer must include the Swift and IBAN codes in the order confirmation together with the order number. It is acknowledged that in case of bank transfer payment, products will only be dispatched once the full amount of the purchase price has cleared in the Seller's bank account.
- Except in situations of intended negligence or misconduct, the Seller shall not be liable for any direct, indirect, or consequential damages suffered by the Customer or third parties in connection with the goods or services it provides and/or for any damages of any kind or in any way connected with them, resulting from breach of their obligations, even in the event of compensation for the loss.
- The Client expressly accepts that the Seller's obligation under the abovementioned clause is restricted to, and may never exceed, the amounts that the Seller has received and the Customer has paid in connection with each specific good or service to which the liability relates. Everything more severe than those mentioned above is specifically excluded. The Seller shall not be held responsible for any harm and/or prejudice that may result to the Customer for reasons for which it is not responsible or, in any event, from delays due to malfunction, the failure or irregular transmission of information, or factors beyond its control, including, but not limited to, system line delays or failures, interruptions to function, absence of internet connection or interruption, impediments or hindrances brought on by legal requirements or other actions by domestic or foreign authorities; third-party legal orders or actions; additional causes not the seller's fault; and, generally, all impediments or hindrances that cannot be removed by the seller's due diligence in relation to the business operations.
- The Seller reserves the right to suspend or terminate access to the Website at any time for technical reasons or reasons related to the efficiency and security of the services; it also reserves the right to suspend operations as a security precaution. The Seller shall bear no responsibility for the consequences of any such interruptions or suspensions.
- The Client's credit cards were used to purchase the Products, and the Seller is not responsible for any unauthorized or fraudulent use of those cards by third parties. The Seller does not know the Client's credit card number at any point during the purchase process.
- Finally, the Seller's contractual or non-contractual liability for any direct or indirect damages caused to persons and/or objects as a result of the Seller's failure to fully or partially accept an order is excluded.
Process of Delivery
- The Seller will deliver the products purchased by the Customer to the address provided by the Customer.
- The Seller sends the Products to the Customer via express courier service. From the moment the products leave our fulfillment facility, the customer is responsible for all risks of product loss and damage. When a common carrier accepts shipment, delivery is deemed complete, and the title to the products passes to the Client. As a general rule - but in no case does this impose any restrictions on the Seller and is in no way prejudicial to (a) The effective availability of Products; (b) Periods of logistics warehouse closure for inventories/security controls or holidays; (c) Any causes of force majeure; and (d) verification of the availability of the amount paid in the Seller's bank account in case of payment by bank transfer - the Seller will provide the chosen courier with the Products after the product is ready. However, unless there are unforeseen circumstances or circumstances beyond WD's control, delivery should take place within 30 (thirty) days of the day the Client submitted the order.
- If Products are only partially available after order confirmation, the Seller will promptly notify the Customer and dispatch the effectively available Products with the latter's approval.
- When the Products are delivered, the Customer must ensure that the packages are undamaged and that the quantity and quality correspond to what was ordered. Any differences and/or discrepancies must be immediately reported and noted to the courier; if the packaging or packing of Products ordered by the Client arrives at the destination showing apparent damage, the Client should refuse delivery by the courier or opt to accept it "with reservations" and immediately report such circumstances to WD Motorsports. Products purchased will be delivered to the Client's specified delivery address by the Seller's chosen courier.
- In order for the package to be received, the client agrees to take all necessary steps, including making any necessary advance arrangements or permissions. Customer shall pay any costs incurred due to Customer's failure to take such actions.
- The Seller will issue an invoice for the Products shipped in PDF format upon request, emailing it to the Customer, who agrees to receive it in electronic format. The invoice will be generated using the information provided by the Customer at the time of order. The data specified in the invoice cannot be changed once it has been issued.
- We believe in what we make and want you to feel good about your purchase. But if your purchased items don't meet your expectations or something goes wrong with them, we want you to be able to get them fixed or returned within the first 30 days of your purchase. If 30 days have passed since your purchase, you will not be offered a refund and/or exchange of any kind.
- The following conditions apply to the return:
- Because the right is reserved for consumers, it does not apply to professionals or businesses.
- The right applies to the entire Product and not to any of its parts or components;
- In the case of prizes or promotional sales, where the purchase of one item is linked to the purchase of another at a negligible price (or even free of charge), the right to withdraw may be lawfully exercised by returning both Products purchased (given the restriction that the item under the special offer is only available with the purchase of the other item);
- If the Product sold is made-to-measure or clearly personalized for the Customer, he or she has no right to return it.
- In addition to submitting a notice of return, the Customer must take action to return the Product to the Seller. The Product must be delivered within 30 (thirty) days of the Customer's notice, and any costs incurred by the Customer in returning the Product are the Customer's responsibility.
- The Product must be returned in its original packaging, complete with all accessories, and in its original condition. If the Customer observes the use/handling of the Product that differs from what is required to verify its nature and characteristics, the Client will be liable for the resulting deterioration in value, which is hereby agreed as a reduction of 50% (fifty percent) of the price originally paid; the Seller will withhold this amount when refunding the price.
- The Seller is not liable for any damage or theft/loss of Products returned by the Client via uninsured delivery methods.
- In the event that any of the following is confirmed, the Client will not be able to exercise his right to return:
- An absence of original packaging or packing;
- Absence of any of the Product components (accessories, tags, labels, information notes, etc.);
- significant damage to the Product due to causes other than transport
- If the right to return is terminated, the Seller will notify the Customer of the inability to accept the return. The latter may then choose to have the Products returned at his or her own expense. If the Client refuses delivery, the Seller reserves the right to keep the Products and the purchase price.
- Without subject to the provisions in paragraph 11.3 on reduction in value or grounds for forfeiture of the right to return, the Seller will refund the price of the Product for which the Customer has exercised his right to return, Sales Tax included, less any original shipping costs, within 20 (twenty) days of the date on which the Seller receives the returned Product; this shall be done in accordance with the methods specified above, by crediting the amount to be credited (re-crediting the credit card or PayPal account, bank transfer, etc.).
- If the addressee of the Product as specified on the order form and the person who made payment of the purchase price do not coincide, and the right to return is exercised, the Seller will refund the person who made the payment in any case.
- Even if the Customer wishes to exchange the Product purchased in exercising his right to return (different size, model, etc.), the Customer shall bear the costs of returning the Product to the Seller.
NON-COMPLIANT PRODUCT WARRANTY - CONVENTIONAL GUARANTEE
- The Website primarily sells products by WD Motorsports or partnership companies (by way of example, in the form of commercial collaborations or trademark licenses). The Seller does not sell any second-hand or irregular products, nor does he sell any products of lower quality than the market standard.
- The Seller guarantees the Customer that the Products will be free of design and material flaws and conform to the descriptions published on the Website for 1 (one) year from the date the Products are delivered to the Client. Warranties will be void if the Product is used or washed in a manner that is not appropriate for the Product or in accordance with the Seller's instructions/warnings, or as specified in the reference presentation material, on the tags, or on the labels.
- This warranty applies to any Product found to have conformity flaws and/or malfunctions that could not have been seen at the time of purchase, as long as the Product has been used correctly and with due diligence and, thus, in respect of its intended purpose and the instructions given in any technical documentation, in compliance with the various operative indications given therein. This warranty is void if the Product is used or maintained negligently or carelessly.The warranty is personal and thus only applies to the original buyer. It is only available to the Seller's Consumer customers and not to traders, retailers, or others. Non-consumer purchasers who resell the product do so without warranties, and failure to inform subsequent purchasers of the lack of warranty constitutes a misrepresentation by the re-seller and an unauthorized re-sale.
- Any non-conformity of Products (including non-conformity of a Product as a result of transport damage) must be reported to the Seller within 2 (two) months of discovery via email to: email@example.com When returning the non-compliant Product, the Customer must include a copy of the Seller's order confirmation e-mail or the invoice. The Seller may also request that the Customer e-mail photographs demonstrating the non-conformity claim made.
- The Seller will contact the Customer to arrange, where applicable, courier collection of the non-compliant Product and handle the following stages, including restoring the Product's conformity by repairing/replacing it or reducing the price accordingly, terminating the online sales contract, and refunding the price paid. The time it takes to repair or replace the Product is entirely dependent on the policies of the individual manufacturers. The Seller cannot be held liable for any delays in making the repair or replacement.
- Even if it is allegedly non-compliant, the Product must be complete with all packaging, accessories, and documents received by the Customer at the time of purchase when it is returned to the Seller for repair or replacement. Returning the Product without its original packaging, accessories, or documentation, as described above, prevents the Seller from acting on the Product, making any repair or replacement impossible. The Seller reserves the right to verify the Customer's claimed effective flaws and to arrange for repair or replacement only after such checks are completed.
- If the Seller's verification reveals that the flaw claimed by the Customer is not a flaw in conformity, the Seller reserves the right to charge the Customer for the costs of the test, restoration, and transportation. The Customer can then choose to return the purchased Products at his own expense. If the Customer refuses delivery, the Seller reserves the right to keep the Products and the purchase price.
- If no conformity flaws are discovered in the Product, the Customer may request an estimate for its repair/restoration in exchange for payment.
- If the Product sold was made-to-measure or customized for the Customer, the legal guarantee described in this Article shall not apply concerning the characteristics of the Product developed in fulfillment of the Customer's instructions (e.g., length, width, color, etc.), nor shall the look of a Product be disputed, insofar as this is an objective characteristic of the item (determined by the manufacturer according to the final use and style chosen by the company for a line of clothing or a given item, and therefore which complies with standards that are exogenous to the Client).
Some specific Products may also be covered by a conventional manufacturer's warranty.
Concerns and Claims
- If you have any questions or want to make a claim, please contact the Seller at firstname.lastname@example.org
Cancellation of Order By Sellar
- The Seller reserves the right to refuse or cancel an order or any Product that is part of an order if a situation arises that raises suspicions of credit card fraud, or for any other legal reason that the Seller determines necessitates a cancellation.
Applicable Law and Court of Jurisdiction
- Any dispute arising under these Terms and Conditions of Sale or related to the Website shall be resolved exclusively by California state or federal courts (or through arbitration as set forth below), applying California law regardless of conflict of laws principles. By using this site, you agree to waive any jurisdictional, venue, or inconvenient forum defenses for the purposes of resolving disputes under this agreement.
Binding Arbitration / Class Action Wavier
- Except for disputes relating to the enforcement of WD Motorsports or its affiliate's intellectual property rights, you and WD Motorsports agree to arbitrate all disputes between you and WD Motorsports or its affiliates. Any dispute, action, or other controversies between you and us concerning the WD Motorsports products or services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable bases, is referred to as a "Dispute." You and WD Motorsports grant the arbitrator sole authority to resolve any dispute concerning the interpretation, applicability, or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms is void or voidable.
- In the event of a dispute, you or WD Motorsports must send the other party a notice of dispute, which is a written statement that includes the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested.
- We will send any notice of the dispute to you at the address we have for you. Within sixty (60) days of receiving the notice of dispute, you and WD Motorsports will attempt to resolve the dispute through informal negotiation. You or we may initiate arbitration after sixty (60) days.
- If you and WD Motorsports are unable to resolve a dispute through informal negotiation or small claims court, the dispute will be settled through binding arbitration before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the United States Federal Arbitration Act. YOU ARE WAIVING THE RIGHT TO LITIGATE A DISPUTE IN COURT IN FRONT OF A JUDGE OR JURY. The American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitrator may award you individual damages, including clear and unambiguous or injunctive relief, in the same way that a court could, but only to the extent necessary to satisfy your individual claim. You and WD Motorsports agree to submit to the personal jurisdiction of California federal or state courts in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.
Class Action Wavier
- Dispute resolution or litigation proceedings in any forum will be handled on an individual basis. You and WD Motorsports will not seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. Without the prior written consent of all parties to the arbitration or proceeding, no arbitration or proceeding may be combined with another. If the class action waiver is found to be illegal or unenforceable in relation to all or some parts of a dispute, those parts will be severed and resolved in a court of law, while the remaining parts will be resolved through arbitration.
- The General Terms and Conditions of Sale are the sole and entire agreement between WD Motorsports and Customer, superseding all preceding and contemporary understandings, agreements, representations, and warranties, both written and oral, concerning the purchase of products from the WD Motorsports US Site.