GENERAL SALES CONDITIONS

1. Recitals
   • These general sales conditions (the “General Conditions”) govern the methods of sale of the products of Braking S.r.l. - with registered office at 20833 - Giussano, Via Virgilio n. 6, Tax Code and VAT No. 02487330512, Economic and Administrative Index MB-2742175, registered in the Milan Monza Brianza Lodi Register of Companies, PEC: braking@legalmail.it (the “Seller”) - including brakes, disks, pads and other accessories for motorcycles, bicycles and quads (the “Products”) through the Website https://www.braking.com/it/ (the “Website”).
   • These General Conditions govern all purchases made on the Website by any person with the status of "consumer" within the meaning of Article 3, paragraph 1, letter a), of Decree Legislative 206/2005 (the "User"). Therefore, these General Conditions form an integral and substantial part of any contractual relationship between the User and the Seller, resulting from each purchase made by the User through the Website.
   • These General Conditions can be viewed and saved on its own device in a readable format (e.g. pdf). In the event of any discrepancy between the provisions of these General Conditions and the provisions of the Purchase Orders and/or Order Confirmations (as defined below), the provisions of these General Conditions shall prevail.
2. Registration to the Website and procedures for purchasing Products
3. • Before purchasing one or more Products from the Website, the User shall read and accept these General Conditions and the Privacy Policy available at the following link: https://braking-srl.myshopify.com/pages/privacy-policy. Failure to accept these General Conditions will result in the impossibility of making purchases on the Website. The User is subject to the General Conditions in force at the time of purchasing the Products from the Seller.
   • In order to purchase one or more Products from the Website, the User shall create a personal account by registering on the Website. Registration on the Website is free of charge and allows the User to make use of his personal area. For this purpose, the User shall fill in the registration form, entering the required personal data (first name, last name, e-mail address) and a password (the "Registration Credentials"). Registration is confirmed by e-mail sent to the address provided by the User.
   • Registration is only permitted to Users who have already reached the age of majority and who use the Website for purposes not related to their commercial, entrepreneurial or professional activity. The Registration Credentials must be used exclusively by the User and cannot be transferred to third parties. The User shall notify the Seller without delay in the event of suspected misuse of the Registration Credentials.
   • The User is solely responsible for access to the Website by means of the Registration Credentials and is directly liable for any damage and/or harm caused to the Seller or third parties by improper use, loss, misappropriation by third parties or failure to protect their Registration Credentials. All transactions carried out using the Registration Credentials shall be deemed to have been carried out by the User to whom the Registration Credentials relate.
   • Only one registration per User is allowed. Multiple registrations will be recognised by the system and will not be permitted. The Seller reserves the right not to accept any Purchase Order (as defined below) that is abnormal in relation to the number of Products requested or the frequency of purchases made on the Website.
   • The Seller also reserves the right to complain and/or request the modification of the name User for any reason whatsoever at its sole and unquestionable discretion.
   • The User agrees to indemnify and hold harmless the Seller against any liability, indemnification obligation and/or penalty arising from, or in any way connected with, the User's breach of the provisions contained in this Article and in these General Conditions relating to registration on the Website.
   • Once registered on the Website, the User will access the catalogue of Products and will be able to select those of his/her interest, placing them in the shopping cart (the "Shopping Cart") using a special button on the Website. The User can access the Shopping Cart at any time to check the details of the Products selected, including quantity, unit price and partial total. It is possible to update the contents of the Shopping Cart by changing the quantities or removing Products that are no longer desired.
   • Following the selection of Products, the User can proceed to checkout by clicking on the appropriate button. During the process checkout, Users will be asked to provide:
4. personal and contact details necessary for billing and shipping;
5. the delivery address (if different from the billing address);
6. the choice of payment method among those available on the Website.

After having verified and selected the Products in the Shopping Cart, the User can send the purchase request by clicking on the appropriate button. In this case, the User will send the Website the final confirmation of a purchase order for the selected Products (the "Purchase Order").

• The contract for the purchase of the Products is considered concluded upon submission of the Purchase Order, full payment for the Products indicated therein by the User and prior acceptance of these General Conditions.
• When the User sends a Purchase Order for the Products selected in the Shopping Cart, the User agrees to purchase them at the price indicated in the information material in the relevant section and under the terms contained in these General Conditions, in force from time to time.
• Following the submission of the Purchase Order and full payment of the price of the Products by the User, the User will receive confirmation of the Purchase Order from the Seller at the e-mail address provided. This confirmation will contain a summary of the Products ordered by the User and details relating to shipping (the “Order Confirmation”). The Order Confirmation will include, among other things, all the data entered by the User, so that the User can verify its correctness and, where necessary, communicate any changes to be made to the Seller within 24 (twenty-four) hours.
• Purchase Orders correctly sent by the User will be viewable in the “My Orders” section in the reserved area of the User's personal account. The User can modify or cancel each Purchase Order until the Purchase Order itself begins the shipping process.
• The User may only purchase Products that are shown as available on the Site at the time the Purchase Order is submitted, as described in the relevant information sheets. The User is required to carefully read the information on the Products and their use, present in the respective description sheets, before proceeding with the purchase.
• The User acknowledges that the images reproduced for the description of the Products, both on the Site and possibly attached to the Order Confirmation, may not be fully representative of the Products themselves, but may differ in terms of colour, size and accessories represented for descriptive purposes, as well as because they are inserted inside and/or on complex products, always with the purpose of describing their operation and/or technical or aesthetic characteristics.
• The User also recognizes that it could happen that, due to a computer, technical, system or any other type of error, some Products are available on the Site but can no longer be purchased. In this case, the system will not allow the User to complete the purchase. If the User has managed to complete the purchase, the Seller shall promptly inform him/her of the unavailability of the requested Products. If payment has already been made, the Seller shall arrange for a full refund of the amounts paid by the User no later than 7 (seven) days from the communication of unavailability, unless otherwise agreed in writing with the User.

3. Prices and shipping costs
   • All prices of Products offered for sale on the Website are, where required by the regulations of the individual country of purchase, inclusive of VAT applicable by law.
   • The User acknowledges and accepts that the shipping costs will be:
4. included in the invoice issued by the Seller and borne by the Seller;
5. added to the purchase price at the time the Purchase Order is sent and borne by the User, unless the User explicitly requests in the Purchase Order to arrange shipment directly through its own courier, in which case the handling of the shipment and the related costs shall be borne entirely by the User.
   • The User accepts the Seller's right to change the prices of the Products at any time; in any event, the User will be charged the price of the Products as stated on the Website at the time the purchase contract for the Products is concluded.
6. Payment of the price
   • The User shall pay for the Products when sending the Purchase Order using the payment methods indicated in the “Payment Methods” section of the Website (including credit card, Paypal, ShopPay and GooglePay) and the Seller reserves the right to refuse Purchase Orders paid with payment methods other than those indicated.
   • The Seller reserves the right to request additional information from the User and/or to request a copy of documents proving the identity of the person who made the payment. At no time during the purchase procedure will the Seller come into possession of or be able to know the information regarding the User's payment card, which will be transmitted via a secure connection directly to the “payment gateway” service provider, as the direct manager of the transaction.
   • Following payment by the User, the Seller issues a fiscal receipt accompanying the purchased Products. For the issuance of the fiscal document, the information provided by the User at the time of sending the Purchase Order will be used. After the issuance of the fiscal document, the User will no longer be able to make changes to the information provided.
   • By accepting these General Conditions, the User acknowledges and declares that no claims may be brought against the Seller in the event of inefficiency and/or malfunctioning of the payment method management systems where these may compromise, in whole or in part, the possibility of the User purchasing one or more Products. The Seller declines all responsibility for any interruptions and/or malfunctioning of the payment methods due to unforeseeable or exceptional causes or force majeure such as, but not limited to, hacker attacks, failure of telephone lines, electricity and/or national or international networks and/or the technical equipment owned by the Seller or other operators necessary for the proper functioning of the service, that are not due to improper maintenance and/or management by the Seller.
7. Shipping and Delivery of Products
   • The Seller accepts Purchase Orders with shipments to all countries, with the exception of the following. No shipments will be made to Russia, Belarus or any other territory where the sale of the Products is prohibited by national, European or international laws and/or international agreements or conventions.
   • The Products will be delivered to the User or to the subject indicated by the User according to the times and methods indicated by the Website in the Purchase phase and confirmed by the Seller in the Order Confirmation, within 30 (thirty) days from the date of conclusion of the contract for their purchase, except in cases of force majeure and/or non-fulfilment by the carrier, as well as errors and/or incompleteness in the data provided by the User. In this regard, the Seller will send the User a special e-mail communication, through which it will inform the User of the start of the Products' shipment process and will indicate the details relating to the shipment (such as, by way of example only, the tracking code), as well as the number of the Purchase Order associated with it.
   • For further details on shipping methods and timing, please consult the full information notice available at the following link: [].
   • Unless otherwise requested by the User in the Purchase Order and specifically agreed upon in writing with the Seller, the Products shall be delivered by the Seller, by the same and through its own carrier, with DAP (Delivered At Place - Incoterms 2020) delivery, to the place indicated by the User.
   • In no event shall the Seller be liable for any loss, delay in delivery and/or damage, even partial, occurring to the Products after they are delivered by the Seller to the carrier for shipment or made available to the User for delivery.
   • Upon delivery of the Products, the User is required to check that the Products delivered correspond to what is indicated in the Order Confirmation. For any problem relating to the delivery and/or receipt of the Products purchased on the Website, the User may lodge a complaint in the manner indicated in the personal area. This is without prejudice to the right User's to lodge complaints with reference to any flaws or defects in the Products received, under the conditions set out in clause 7 below.
   • The User expressly agrees that the carrier may reserve the right to request suitable identification documents at the time of delivery.
   • The Seller reserves right to refuse to ship the ordered Products in the event of non-payment payment or partial of the price thereof.
   • The User shall acquire ownership of the Products only upon full payment of the price thereof, including any shipping costs.
8. Right of withdrawal and refund
   • The User has the right to withdraw from the contract Product purchase, for any reason whatsoever, without the need to provide explanations and without any penalty, within 14 (fourteen) days from delivery of the Products. In this case, the User must send a written notice to the Seller at contacts@braking.com before the aforementioned 14 (fourteen) days deadline for withdrawal, also using the withdrawal form present on the Website.
   • Following the exercise of withdrawal in the manner provided for in paragraph 6.1, the User shall return to the Seller the Products for which he has exercised the right of withdrawal, no later than 14 (fourteen) days after sending the notice of withdrawal in accordance with the above provisions. Unless otherwise agreed with the Seller, the return of the Products, for which the User has exercised the right of withdrawal, and the related costs shall be borne by the User in full. The return of the Products by the User shall be made by courier to the following address: Via M.P Virgilio, 6 - 20833 - Giussano (MB) - Italy.
   • It is understood that, in the event of exercising the right of withdrawal referred to in Article 6.1 above:
9. the User will be responsible for any decrease in the value of each Product caused by wear and/or damage resulting from use other than that ordinarily expected;
10. each Product must be returned to the Seller whole and intact without having been used, disassembled, installed and/or damaged, as well as complete with all accessories and/or spare parts, including the original packaging and wrapping and all accessory documentation;
11. the Product must have the original labels (not removed) as sold in the initial shipment from the Seller.
    • In the event of the User exercising the right of withdrawal pursuant to art. 6.1, the Seller reserves the right not to accept Products returned by the User in violation of one of the obligations referred to in article 6.3 above.
    • It is understood that the right of withdrawal cannot be exercised in the case of Products made to measure or customized at the specific request of the User or in the case of sealed Products that cannot be returned for hygienic reasons or for health protection reasons and that have been opened after delivery or in the case of the supply of Products that are, after delivery, inseparably mixed with other Products.
    • In the case referred to in point 6.1 and without prejudice to the provisions of this article, the Seller shall refund the amount paid by the User, including any shipping costs, by crediting the payment method used by the User at the time of purchase, within 14 (fourteen) days respectively from the modification of the Purchase Order and from the receipt of the returned Products pursuant to art. 6.2 and subject to verification of the provisions of article 6.3 above.
12. Customs inspections and taxes
    • Should the Products purchased on the Website be delivered by the Seller outside Italy, the User may be required to pay import duties and taxes, payable once the package reaches the country of destination.

Any additional and necessary costs for customs clearance will be borne by the User.

• Customs policies vary considerably from country to country and the User assumes all responsibility for checking these policies and contacting customs offices for any further information. The User is responsible for obtaining information on the laws, regulations and restrictions of the country in which the Products will be used, as well as that of the destination of the relevant shipment. If one or more Products are withheld and/or destroyed by Customs, the Seller shall not be held liable in any way for the related damages, costs and/or related loss.
• The User, if an importer, undertakes to comply with the laws of the countries where the Products will be imported.

8. Warranties of the User
   • The User represents and warrants that:
9. possess full legal capacity and all powers necessary to accept these General Conditions and fulfil the obligations hereunder;
10. not use and/or transit the Products in Russia, Belarus, and/or any other territory where the sale of the Products is prohibited by export laws;
11. not assign, sell or transfer, even free of charge, the Products, directly or indirectly, to:
    1. entities, natural or legal persons included in the European Union or United States sanctions lists;
    2. any entity owned, controlled or acting on behalf, directly or indirectly, of the entities, natural persons or legal entities referred to in (i) above;

• any entity that it has reason to believe may be involved in activities prohibited by national legislation and/or European or US export control laws.

• In the event of any breach of the foregoing, the User shall indemnify harmless and hold the Seller in full against any loss, claim, damage, penalty, cost, expense or liability, including any disbursement incurred, which the Seller may suffer or which may be advanced by any third party, arising out of or in connection with, directly or indirectly, the User's breach of this Article.

9. Legal Warranties
   • The Products sold by the Seller on the Website are guaranteed against defects and/or lack of conformity: the User may exercise this guarantee within 24 (twenty-four) months from the delivery of the Products.
   • Should a purchased Product present manufacturing defects or an alleged non-conformity, the User is obliged to send a communication to the following e-mail address: contacts@braking.com within the aforementioned term of 24 (twenty-four) months from delivery, submitting proof of the date of delivery of the Product itself, as well as suitable photographic documentation relating to the defect found.
   • The User has the right to request with the communication referred to in Article 9.2 above, free of charge, the repair or replacement of the Product that is defective or non-conforming. Alternatively, where one of the above remedies is not available and the non-conformity is confirmed by the Seller, the User may request a reduction in the price of the Products purchased or terminate the contract. In such cases, the Seller shall refund part or all of the price of Products, on the means of payment used by the User for the relevant purchase).
   • Defective Products must be returned by courier, with shipment addressed to the Seller, within 10 (ten) days from sending the communication of Product non-conformity as per art. 9.2, to the following addresses:

Via M.P. Virgilio, 6

20833

Giussano (MB)

Italy

In the case of returning Products to be repaired or replaced, the shipping costs will be paid by the Seller, as will the costs of delivering the repaired or replacement Products to the User.

• Once the Seller has received the non-compliant Product, within the following 10 (ten) days he will send an e-mail to the User confirming the existence of any non-conformity and, if necessary, will inform the User about the possible replacement or repair of the Product received, informing him/her of the new delivery date of the repaired Product or the replacement of the original.
• The Seller shall, at no cost to the User, restore the conformity of the Product or replace it with a new one within 14 (fourteen) working days from the return date.
• The guarantees referred to in this article will not be recognized in the case of incorrect use of the Product and/or use not suitable for its intended purpose, or not in line with the technical documentation attached to the Product itself.
• The warranties provided for in the preceding articles are also excluded where, at the time of sending the Purchase Order, the User: i) was already aware of the defect found; ii) the defect was easily recognizable with ordinary diligence; iii) the lack of conformity is due to instructions, materials or uses not provided by the Seller.
• In the case of Products subject to wear and tear, the warranties provided on such Products shall only cover premature malfunction due to manufacturing defects, excluding any other damage or defect found.
• The use of the Products is limited exclusively to the purposes indicated in the respective information sheet on the Site and in any case in the technical documentation supplied with the Products. Any different use, not expressly authorized in writing by the Seller, is prohibited.
• The guarantees set forth in this Article shall not be applicable and valid in any way in the event that the non-conformity and/or defect of the Product derive from the relative improper use by the User, as well as in cases of incorrect installation, assistance, maintenance or repair carried out by technicians or personnel other than the Seller.

10. Intellectual Property Rights
    • The Products sold by the Seller through the Website, in any part or element thereof, as well as the trademark, distinctive signs, service marks, trade names, logotypes, domain names, whether registered or unregistered, and know-how techniques and procedures (collectively referred to as the "Distinguishing Marks"), are the exclusive property of the Seller, its licensors or parties authorised to economically exploit the Products themselves and related or related services.
    • These General Conditions do not grant the User any right of use or exploitation, whether for commercial or non-commercial purposes, of the Products and Distinguishing Marks. Such rights remain the exclusive property of the Seller or authorised parties.
11. Amendments
    • The Seller reserves the right to modify and/or integrate and/or update the Site, the policies regarding the accepted payment methods, as well as these General Conditions, communicating the changes to the User by publication on the Site and, if necessary, by sending a notification to the email address provided at the time of registration.
    • The changes will become effective when they are published on the Site and will apply exclusively to Purchase Orders made after that time.
    • By accepting these General Conditions and subsequent amendments and/or additions, the User agrees to fully respect and comply with them.
    • Should any of the provisions of these General Conditions be invalid, ineffective or inapplicable, such invalidity, ineffectiveness or inapplicability shall not affect the validity, effectiveness or applicability of the other provisions contained in these General Conditions.
    • The User's right to withdraw from the current contract, at no cost, within 14 (fourteen) days of receiving communication of the changes referred to in this article, remains unaffected, unless these changes are required by law or at the request of a government authority.
12. User's indemnity
    • The User agrees to indemnify and hold the Seller harmless from any loss, whether direct or indirect, damage or foreseeable cost (including, but not limited to, legal fees and other related costs) that the Seller may suffer or incur as a result of, or in connection with: (i) the User's violation of any provision of these General Conditions, and/or (ii) the User's violation of applicable laws or third-party rights in the use of the Products.
13. Limitations of Seller's liability
    • The Seller shall not be held liable in any way whatsoever for any facts and/or damages, of whatever nature or origin, that may be caused to the User and/or third parties for whatever reason, as a result of the use improper of the Products and/or not in accordance with the instructions provided and/or, in any case, with these General Conditions.
    • Without prejudice to the provisions of Article 9 above (Legal Warranties), the Seller makes no further warranty, whether conventional, express or implied, with respect to the Products.
    • In no event shall the Seller be liable for:
14. errors in payment through the service offered by the third-party provider, which occurred due to the User not being connected;
15. any damage caused by the suspension or interruption of the operation of the payment service provider's Website;
16. any damage resulting from cyber-attacks by third parties on the payment service provider's Website that alter the information on it.
17. Force majeure
    • The Seller shall not be liable for any non-performance or delayed performance of any of its contractual obligations that is caused by events beyond its reasonable control (force majeure), within the limits of Articles 1463 and 1464 of the Civil Code.
    • An event of force majeure includes any act, event, omission or accident occurring beyond the reasonable control of the Seller; in particular, by way of example only, due to

• strikes, lockouts or other industrial action;
• fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters;
• inability to use railways, maritime transport, aircraft, motor transport or other public or private means of transport;
• acts, decrees, regulations or limitations imposed by governments;
• civil uprisings, revolts, invasions, terrorist attacks or threats of terrorist attacks, war or preparation for armed conflict.
  • Fulfilment of the obligations arising from the contract of sale by the Seller shall be deemed suspended for the period during which the force majeure event continues; therefore, the term for fulfilment shall be extended by the duration of this period. The Seller shall do everything reasonably within its power to fulfil its contractual obligations despite the force majeure event.

15. Applicable law and jurisdiction
    • The contract of sale of the Products and these General Conditions and are governed by Italian law. For anything not provided for herein please refer to the provisions contained in the Italian Civil Code and special laws.
    • Any disputes arising from the interpretation, validity and/or execution of these General Conditions and/or the individual sales contracts between the Seller and the User shall be subject to the compulsory territorial jurisdiction of the competent court in the place of residence or domicile of the User.
16. Alternative Dispute Resolution through ODR
    • In order to settle possible disputes as an alternative to the provisions of Article 16, Users may use the platform provided by the European Commission, which can be accessed via the link: https://ec.europa.eu/consumers/odr/. Should Users wish to bring a matter to the attention of the Seller, it is still possible at any time to send an email to contacts@braking.com.
17. Protection of Personal Data
    • The Seller, as data controller, processes the personal data of Users in accordance with the provisions of Regulation (EU) No. 2016/679 ("GDPR") on the protection of individuals with regard to the processing of personal data and on the free movement of such data. For more information about the processing methods and purposes, please read the Privacy policy , pursuant to Articles 13 and 14, GDPR, available at the following link: [].
    • Upon the User's request or within the terms provided by law, the Seller shall return or destroy all personal data and copies thereof, unless the applicable Privacy and Data Protection provisions or other legal obligations require the Seller to keep the personal data for a longer period of time. Upon the User's request, the Seller shall certify the return or destruction.
    • The express and integral acceptance of these General Conditions, clause by clause, by the User shall take place during the compilation of the Purchase Order, by means of the appropriate tick and this shall be equivalent to an express declaration pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code.