Termini and Conditions

SUBJECT MATTER AND DEFINITIONS

These general terms and conditions of contract (the “General Conditions”) contain the terms and conditions that regulate the distance selling, via electronic means, by BGEK Srl with registered office in Via Uberto Visconti di Modrone 7 – 20122 Milan (the “Company”), of products such as vehicles and collectibles (“Products”), offered for sale on the website www.1-64specialist.com (the “Platform”) and under the economic conditions indicated therein, in favor of the physical person who makes the purchase for purposes not related to any commercial or professional activity carried out (the “User”). By proceeding with the purchase of the aforementioned Products, by following the procedure provided by the Platform, the User declares to accept the General Conditions.

For the purchase of Products by natural or legal persons for purposes related to the commercial and professional activities of the aforementioned subjects, please contact the Company directly.

The Company does not have any commercial relationship with any third parties whose trademarks and/or information (“Brands”) belong to their respective owners.

  1. In addition to the termsmini defined elsewhere in the General Conditions, for the purposes of these General Conditions, the following are defined:
  • “Account”: means the User's personal profile on the Platform, whose personal data are processed in accordance with the methods indicated in the Privacy Policy on the Platform;
  • “Causes of Forza Majority”: by way of example and without limitation, causes of forza majority are considered lockouts, strikes, wars, fires, epidemics, pandemie or any other event which is beyond the Company’s control and which prevents the full and correct fulfillment of the obligations set forth in the General Conditions;
  • “Rights”: means the intellectual property rights inherent in the Products, such as trademarks, logos, and any other content that may be the subject of proprietary rights and/or any other intellectual property right relating to the Products and the Platform, of exclusive ownership and/or in any case available to the Company, with the express exclusion of anything relating to the Brands ;
  • “Registration”: procedure for completing the form provided for creating the Account;
  • “Services”: means the Services offered on the Platform relating to the Products, such as, by way of example and not limited to, customizations, additions and modifications.

CONCLUSION OF THE GENERAL CONDITIONS AND PURCHASE/DELIVERY OF PRODUCTS

  1. The User declares to have read and expressly accepted the General Conditions when using the Platform and/or registering on it by creating an Account and/or purchasing one or more Products. In relation to the sale of Products, the contract between the Company and the User must be considered concluded following Registration and submission of the completed purchase form after adding the selected Products to the electronic shopping cart following the purchasing procedure provided by the Platform.
  1. If the User does not intend to accept even one of the termsmini and the conditions of the General Conditions, he is invited to abstainrsi from Registering and purchasing the Products.
  1. The User acknowledges and accepts that the Company reserves the right to modify the General Conditions at any time, at its sole discretion, by notifying the User of such modifications upon publication on the Platform. A mere visit to the Platform following the modification will constitute the User's full acceptance of the modification. The User therefore acknowledges and accepts that it will be their responsibility to periodically check the Platform for any modifications to the General Conditions.
  1. The Company will deliver the Products ordered and paid for by the User according to the methods chosen by the User during the purchase process and/or otherwise indicated on the Platform. Without prejudice to the foregoing, the User acknowledges and accepts that the shipping times indicated on the site are purely indicative and may vary from the day following the order to a maximum of 30 (thirty) days from the order confirmation. Until the expiration of the aforementioned 30 (thirty) day period, the User hereby waives any claim, including reimbursement or compensation, against the Company.
  1. Upon delivery of the Products, the User is required to verify that the number of packages delivered corresponds to that indicated on the transport document attached to the shipped Products and that the packaging is intact and unaltered, including the sealing tapes. If the delivered Products show any damage presumably caused during transport, the User must refuse delivery and promptly notify the Company in writing at Via Uberto Visconti di Modrone 7 – 20122 Milan. The Company will file the appropriate complaints with the carrier and ship a new shipment once the disputed goods have been returned. In the event that the User nevertheless decides to accept delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must necessarily contest the unsuitability of the packaging, writing “ Reservation of goods inspection due to… ” and indicating the reason behind the reservation in question on the courier's delivery document, of which he/she must retain a copy to then send to the Company.

COMPLETING REGISTRATION AND PAYMENTS

  1. To complete the purchase of the Products, the User agrees to pay the price. To proceed with payment for the Products, the User must follow the instructions on the Platform, use the dedicated page made available by the Company, and enter all the data requested for shipping and billing. The User acknowledges and accepts that payments and all management of the data required to make the payment will be managed by third-party companies, selected and modified by the Company at its sole discretion. At no point during the purchase process described above will the Company be able to access the User's credit card information. Therefore, under no circumstances can the Company be held responsible for any fraudulent or improper use of credit cards or for the management of the data required for payment by third parties.
  1. For payments by credit card or other electronic payment systems, upon completion of the online transaction, the relevant payment gateway will authorize only the amount related to the purchase made. The relevant amount will be charged to the User's credit card at the time of purchase.
  1. In the event that the User cancels a purchase made by credit card, in accordance with the provisions of the General Conditions, the payment gateway will cancel the transaction and release the blocked amount. The release times for some types of credit cards depend exclusively on the payment gateway's system and may extend up to their natural expiration (24 days from the authorization date). Once the transaction has been canceled, the User acknowledges and expressly accepts that under no circumstances can the Company be held liable for any direct or indirect damages caused by a delay in the payment gateway's failure to release the blocked amount.
  1. The Company reserves the right to request additional information from the User (e.g., identification document) or copies of documents proving ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right to refuse the order.
  1. The User acknowledges and agrees that it will be his/her responsibility, during Registration, to indicate any reference to the tax code and/or VAT number and/or other billing information in the event that the User wishes to issue an invoice with such information.

INTELLECTUAL PROPERTY RIGHTS

  1. The User acknowledges and accepts that the Products are sold by the Company and does not necessarily imply a connection between the Company and the Brands that own the rights to the aforementioned items.
  1. Except as necessary to purchase the Products, you may not download, copy, use, transfer, rent, sublicense, loan, modify, adapt, counterfeit, attempt to modify or alter the source code, reverse engineer, decompile, disassemble, or otherwise operate on the Products and/or the Platform, in whole or in any part.
  1. Any unauthorized use, copying, reproduction, modification, republication, updating, downloading, posting, transmission, distribution, duplication, or any other misuse of the Products and/or the Platform and/or any other subject matter of the Rights by the User is prohibited. As a user of the Products, the User undertakes not to use them for illicit purposes and/or in violation of the provisions of the General Conditions and undertakes not to violate the Rights of the Company and/or its third-party licensors and/or the Brands.
  1. In relation to the foregoing, the User hereby undertakes to indemnify and hold the Company harmless from any damage or loss directly or indirectly resulting from the use that the User will make of all the objects of the Rights in violation of the provisions of the General Conditions.

USER REPRESENTATIONS AND WARRANTIES

  1. The User acknowledges and expressly accepts that, in the event of a violation by the User of the law, the rights of third parties, or the General Conditions, the Company may – at its sole discretion – prevent the User from accessing the Platform and/or the Account and/or any other website used by the Company to supply the Products, as well as take any other action useful for protecting the rights and interests of the Company.
  1. To purchase the Products, the User must have the necessary equipment and applications, such as, for example, Internet services. In this regard, the Company cannot be held responsible for any malfunctions, inability to access, or poor conditions of use of the Platform attributable, for example, to unsuitable equipment.
  1. You represent and warrant that:
    • of having read and understood the General Conditions;
    • to have understood that the Products are original works of art, in some cases freely inspired by objects of third parties, such as Brands, in no way connected to the Company;
    • of having understood that there is no connection and/or other commercial relationship between the Company and the Brands;
    • who will print a copy of the General Conditions following the purchase of the Product;
    • that he has the necessary powers to act for the purposes set out therein and has the capacity to act and enter into legally binding contracts;
    • of having chosen a secure and complex password during the registration process on the Platform;
    • that it will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting for commercial purposes the Products, the Platform and everything that is the subject of the Rights;
    • that it will refrain from any form of use, direct and/or indirect, of the Products and the Platform that is contrary to the law or does not comply with the provisions of the General Conditions;
    • that it will not use so-called spamming systems, chain letters or idle sales;
    • that it will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats to the Platform;
    • that you will not use software or other automatic or manual mechanisms to copy or access the pages offering the Products and/or their content.

LIABILITY – LIMITATION OF LIABILITY IN FAVOR OF THE COMPANY

  1. You acknowledge and agree that:
    • the Company cannot be held liable for defective Products if the defect is due to the conformity of the Products to a legal provision or a binding provision or if the state of scientific and technical knowledge at the time the Company put the Products on sale did not yet allow them to be considered defective;
    • the Company cannot be held responsible if the User is aware of the defect in the Product and the resulting danger but voluntarily exposes himself to it;
    • the Company cannot be held responsible for defects resulting from bad and/or incorrect and/or improper use of the Products, from external causes (e.g. falls, impacts) and/or from the User's carelessness;
    • except where expressly specified in the General Conditions, the Company makes no representations or warranties, express or implied, regarding the Products;
    • for the purposes of a request for reimbursement and/or compensation from the Company, the damaged User must prove the defect, the damage and the causal link between the defect and the damage;
    • The Company is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods, but the User will forfeit any rights in this regard if he or she fails to report the lack of conformity to the Company within 2 (two) months of the date on which the defect was discovered. In any case, in the event of lack of conformity, the User may request, alternatively and free of charge, the repair or replacement of the Product by sending the Company a communication by registered mail with return receipt to Via Uberto Visconti di Modrone 7 – 20122 Milan or by certified email to bgek@pec.it;
    • Products that show clear signs of tampering or damage caused by improper use or external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.
  1. Except in the case of willful misconduct or gross negligence, the User i) acknowledges and accepts that the Company shall not be liable in any way to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or borne by the User in connection with the Products and ii) hereby waives any claim, including by way of reimbursement or compensation, against the Company . Without prejudice to the foregoing, the Company shall not be liable in any way to the User for any delays or failures to fulfill its obligations in relation to the Products in the event that such delays or failures arise from Causes of Majority.
  1. The Company is not necessarily affiliated and/or partnered with the individuals and/or legal entities that own the websites linked to within the Platform, and is not responsible in any way for the content of such websites. These links are provided solely for the convenience of Users, and access to such sites is at the sole discretion and responsibility of the Users themselves. A link from the Platform to any other website does not imply that the Company approves, endorses, or recommends such website in any way, or that it has any control over any element of the content on such website.

INDEMNIFICATION

  1. The User agrees to indemnify and hold the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees, harmless from any damage, liability, cost, charge or expense, including legal fees, arising from claims by third parties resulting from the User's use of the Products in a manner that does not comply with the General Conditions and/or violations of the provisions set forth therein, including the representations and warranties set forth in the relevant paragraph of the General Conditions.

PRIVACY

  1. Company Obligations towards Users. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, as amended by Legislative Decree 101/2018 (hereinafter, the "Code") and EU Regulation 2016/679 (hereinafter, the "Regulation"; the Code and the Regulation together, the "Privacy Law") and, to this end, undertakes to adopt all necessary and adequate physical, logistical, and organizational security measures to guarantee the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
  2. Users' personal data are processed using manual and electronic means, using methods strictly related to the processing purposes described in the Privacy Policy and, in any case, in a manner that guarantees the security and confidentiality of the data. The User agrees that the Company has the right to access, store, transmit, use, and process all information provided in accordance with the terms of the Privacy Policy.
  3. To better understand how the Company uses Users' personal data, the User is invited to consult the Privacy Policy.

TRANSFER

  1. The User may not assign the General Conditions, either in whole or in part, to third parties.

DURATION and SURVIVAL OF CLAUSES

  1. The General Conditions are effective from the date of acceptance thereof and will remain in force unless terminated earlier within the terms described in the General Conditions and as provided below.
  1. The following provisions of the General Conditions will remain valid and effective even after the termination of the effects of the General Conditions: User Representations and Warranties; Liability - Limitation of Liability in Favor of the Company; Applicable Law and Jurisdiction; General Provisions.

RIGHT OF WITHDRAWAL (AND WAIVER)

  1. If the User intends to exercise the right of withdrawal provided for by the Consumer Code, without penalty and without specifying the reason, the decision to exercise this right must be communicated to the Company within 14 (fourteen) days of receiving the Products. In the event of separate delivery of multiple Products purchased by the User in a single order, the 14 (fourteen) day period for exercising the right of withdrawal starts from the day the last Product is delivered to the User.
  1. If the User selects Services in relation to the Products purchased, the User waives the right to withdraw and is therefore invited to verify the accuracy of the requested information (for example, and not limited to, the characteristics of the personalization of a Product) before completing the purchase. No refunds will be made in relation to the purchase of Products to which Services have been combined, and the User hereby waives any claim in this regard.
  1. Without prejudice to the preceding article, the right of withdrawal is exercised:
  • by sending the Company a communication containing the intention to exercise the right of withdrawal via email to the address: info@1-64specialist.com; the aforementioned communication must contain i) the specification of the Products for which the right of withdrawal is to be exercised and ii) a copy of the documentation proving the purchase;
  • by sending the Products to the Company, within 14 (fourteen) days from sending the communication referred to in the previous point, to the following address: Via Uberto Visconti di Modrone 7 – 20122 Milan C/O BGEK SRL

The Products for which the right of withdrawal is exercised must be returned intact, in their original packaging, complete with accessories and any manuals and everything present in the original packaging.

Failure to comply with all of the above will prevent the Company from processing the withdrawal request and, consequently, from refunding the amount of the returned Products. In this case, the User will have the exclusive right to receive, at his or her own expense, the Product in the condition in which it was returned to the Company. Otherwise, the Company may retain the returned Products as well as the sums already paid by the User for the relevant purchase.

The Company reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal.

  1. You acknowledge and agree that:
    • unless otherwise indicated on the Platform, the return, shipping and transport costs of the Products are the responsibility of the User;
    • In the event of cancellation of the order for the Products before shipment by the User, the Company will have the right to sell the Products subject to the cancelled order to third parties and will not be responsible for the User's failure to obtain them.

RESOLUTION

  1. Pursuant to Article 1456 of the Italian Civil Code, the Company may terminate the General Conditions with immediate effect by simply sending written notice to the User, including via email, if the User has violated one or more of the following provisions of the General Conditions: Registration Finalization and Payments; Intellectual Property Rights; User Representations and Warranties; Assignment. In any case, the Company reserves the right to compensation for damages.

APPLICABLE LAW AND JURISDICTION

  1. The General Conditions are entirely governed by Italian law.
  2. Without prejudice to the provisions established for the protection of consumers in terms of competent court by the Consumer Code, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of the General Conditions and/or in any case in connection with the General Conditions will be under the exclusive jurisdiction of the Court of Milan, to the exclusion of any other, even competing or alternative, jurisdiction.
  3. ODR Platform . Pursuant to European Regulation 524/2013, the Company informs the User that in the event of a dispute, he or she may submit a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa.eu/consumers/odr/ .


GENERAL CLAUSES

  1. Any tolerance by the Company of any User's behavior in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand correct compliance with all the provisions of the General Conditions themselves.
  2. The General Conditions contain the overall agreement reached by the Parties with respect to the subject matter thereof.
  3. If any term or other provision of the General Conditions is declared null, voidable or unenforceable, all other terms and provisions of the General Conditions will nevertheless remain in full force and effect.
  4. The Company and the Users act with complete autonomy and independence. The General Conditions do not create any relationship of collaboration, agency, association, intermediation, or subordinate employment between them.
  5. The User acknowledges and accepts that the following paragraphs of the General Conditions contain certain unfair provisions, including the points listed, and that therefore, he/she must expressly accept them upon registration, pursuant to Articles 1341 and 1342 of the Civil Code : Conclusion of the General Conditions and Purchase/Delivery of Products, points 4, 5 and 6; Finalization of Registration and Payments, point 5; Intellectual Property Rights, point 16; User Declarations and Guarantees, point 19; Liability – Limitation of Liability in Favor of the Company, points 21 and 22; Indemnity, point 23; Survival of the Clauses, point 30; Right of Withdrawal (Waiver), points 32, 33 and 34; Applicable Law and Jurisdiction, points 36 and 37. The User is invited to carefully read the aforementioned clauses, in particular the points indicated (also in bold in the text) before completing the purchase of any Product, renouncing any claim relating to them, including by way of refund or compensation.