General Terms and Conditions of Online Sale

The sale of products by Racing Force S.p.A., located in Ronco Scrivia (GE – Italy), Via Bazzano 5, Italy (hereinafter Racing Force), through the websites www.ompracing.it and www.ompracing.com (hereinafter the Website/s) is governed by these General Terms and Conditions of Online Sale.

1. Sales Procedure

1.1 Customers wishing to purchase products must be of legal age and must complete and submit the order form electronically, following the provided instructions.

1.2 The order form includes a reference to the General Terms and Conditions of Online Sale, a summary of the essential characteristics of the ordered product, its price, and the available payment methods.

1.3 Before placing any order, customers are invited to carefully read these terms of sale, print a paper copy, and/or save a copy on their electronic device.

1.4 By submitting the order, the customer confirms that they are aware of and accept the General Terms and Conditions of Online Sale as published on the Website at the time of purchase, agreeing to abide by them in their dealings with the seller.

1.5 Upon receipt of the order, Racing Force sends the customer a receipt containing a summary of the sales information.

1.6 Racing Force reserves the right to reject any order for any legitimate reason, particularly in the following cases:

• if the ordered product is unavailable (in which case any payment will be refunded to the customer);
• if the billing information provided by the customer is incorrect or unverifiable;
• if the order is flagged by Racing Force’s security systems as unusual or potentially fraudulent;
• if payment is not received within the specified terms;
• if Racing Force has reason to believe the customer is under 18 years old;
• if there was an error in the price indication of the merchandise;
• if Racing Force cannot deliver the merchandise to the address provided by the customer;
• if the requested product customization is deemed unfeasible by Racing Force.

2. Product Warranties and Prices

2.1 Only products bearing trademarks registered by Racing Force or one of its subsidiaries are offered for sale on this Website. The essential characteristics of the products are described in each product sheet.

2.2 The images and colors of the products offered for sale may not correspond to the actual ones due to the monitor or internet browser used by the customer.

2.3 Product prices are subject to changes and updates, and it is the customer’s responsibility to check the final price before submitting the purchase order. Unless otherwise specified, product prices on the Website include VAT and are in euros.

2.4 The prices indicated on this Website do not include shipping costs, which are the customer’s responsibility, as specified before the order is placed and in the order confirmation receipt.

2.5 Any customs duties/charges are the customer’s responsibility.

3. Payments

3.1 The customer agrees to pay the due amount in advance of product delivery, using the selected payment method at the time of order submission and following the provided instructions.

3.2 In the case of payment by credit card, the related personal data will be sent to and processed by the bank managing the electronic payment service in compliance with the highest security standards. These data will be used by Racing Force exclusively for completing the sale, issuing any refunds, or reporting fraud to law enforcement agencies.

4. Shipping and Delivery

4.1 Racing Force delivers products offered for sale on this Website to Italy and other EU and non-EU countries selectable during the electronic order form completion by the customer.

4.2 For all products available in stock, delivery is made as soon as possible and in any case within thirty days from the contract conclusion. For unavailable products and those requiring customization, production and delivery times may exceed 30 days but typically not more than 60 days. Shipping costs, if any, are specified when completing the order.

4.3 Racing Force strives to meet the above delivery times but, except as required by law and EU regulations, will not be liable for any delays attributable to third parties (including carriers) or due to force majeure as specified under paragraph 10 of these Conditions.

4.4 Upon delivery, the customer must verify, in the presence of the carrier, that the delivered products match those ordered and indicated in the delivery document and that the packaging is intact and undamaged.

4.5 The customer must immediately report any discrepancies to the carrier, noting them on the delivery slip.

5. Right of Withdrawal

5.1 The customer, who qualifies both subjectively and objectively under the Consumer Code, is entitled to withdraw from any contract concluded under these sales conditions without any penalty, within a limit of 14 (fourteen) days from receipt of the Product(s); the date indicated on the delivery document constitutes full proof of receipt.

5.2 To exercise this right, Customers must send the “Withdrawal Return Form” to customercare@racingforce.com, available here, with the email subject “Return Form for Withdrawal Order No. ________”, specifying the order number as indicated on the accompanying document.

5.3 Following the exercise of the right of withdrawal, Customers must return the Product(s) without undue delay and, in any case, within 30 (thirty) calendar days from the date on which the customer communicated their decision to withdraw from the sales contract.

5.4 Return shipping costs are the responsibility of the buyer.

5.5 For the right of withdrawal to be validly exercised, the product must be intact (without any signs of use, abrasion, etc.) and complete with all accessories, original packaging, tags, and attachments. Otherwise, Racing Force reserves the right to refuse the refund. We therefore recommend carefully checking the product before shipping it and packaging it securely.

5.6 Racing Force will verify the validity of the right of withdrawal upon receipt of the return and communicate the outcome of the product verification to the customer via email. In the event of a positive verification, Racing Force will refund the full amount paid by the buyer at the time of purchase as soon as possible, using the originally used method of payment.

5.7 The right of withdrawal does not apply to custom-made, personalized, and/or special goods.

6. Warranty and Return Procedures

6.1 Customers are advised to inspect the delivery package and the received Products, verifying their condition and ensuring that the contents of the delivery package are complete and in accordance. In case of damaged or missing Product(s), please contact our customer service at customercare@racingforce.com.

6.2 Manufacturing defects visible at the time of receiving the goods must be reported to Racing Force within 30 (thirty) days from the shipping date, accompanied by the relevant purchase document.

6.3 All purchased Products are covered by the legal warranty of conformity in case of non-conformity defects existing at the time of delivery and manifesting within 2 (two) years from that moment.

6.4 Any modification, improper use, and/or maintenance contrary to the instructions provided in the user manual (when provided) shall void the warranty. Damages caused by improper use of the Product by the Customer or damages not attributable to a manufacturing defect are excluded from the warranty.

6.5 For material or manufacturing defects, Racing Force is obligated to replace or repair the Products at no cost, or to reduce the price or provide a refund upon the Customer’s request.

6.6 All warranty claims and returns must be authorized in writing by Racing Force prior to the return of the Product, based on the description of the defect/complaint and/or consideration of digital photographs provided by the Customer.

7. Intellectual and Industrial Property Rights

7.1 The websites, the OMP trademarks and logos, as well as those of other products commercialized on the websites (including Bell Racing, Zeronoise and Racing Spirit), are protected by copyright and all applicable intellectual and industrial property rights. Any reproduction, communication, distribution, publication, alteration, or transformation, in any form and for any purpose, of the website content (such as images, photos, music, sounds, videos, figures), trademarks and logos is prohibited.

7.2 Racing Force has the exclusive right to authorize or prohibit the direct or indirect, partial or total reproduction of the content of this website.

7.3 All trademarks and product names used on the Websites are trademarks or trade names of Racing Force or third parties with agreements with Racing Force. The use or reproduction of these trademarks or trade names is prohibited as it may violate the rights of the owners. Racing Force and its suppliers own the copyright to all content on the Websites, including web design, texts, documents, videos, music, and/or other services.

8. Website Use

8.1 Racing Force cannot be held responsible for customer use of the Website that does not comply with legal regulations.

8.2 The customer is solely responsible for the communication of incorrect or false information and data.

8.3 The use of the service is at the customer’s own risk. Racing Force disclaims any responsibility for any damage to computer systems or for any damage caused by the inability to access the services on the Website, the presence of viruses, damaged files, errors, service interruptions, problems related to the network or providers, or the malfunction or improper use of the customer’s electronic equipment.

9. Use of Racing Force Products and Risks

9.1 Racing Force products sold through the Website, like those sold through other channels, are sold without any express or implied warranty or representation regarding their ability to protect the user from injury or death. It is the customer’s and each user’s duty to obtain and understand all available information about the product’s characteristics and proper use, as well as the relevant warnings, maintenance, and safety requirements imposed by national and international authorities. If the user is unsure about the proper use of the products, they should not use them. It is the customer’s and each user’s duty to be aware of the safety regulations imposed by national and international authorities, such as FIA – Federation Internationale de l’Automobile, Snell Memorial Foundation, and SFI Foundation.

9.2 By purchasing Racing Force products, the customer declares to be informed and aware that:

• Personal safety products are only a part of a complete safety system that includes the vehicle, the race track, and the conditions prevailing at the time of use;
• Personal safety products are not designed to provide the same level of performance or protection throughout the specific product. Different parts or areas of a product may offer less protection even though they may appear identical;
• Personal safety products must be inspected before each use and replaced at the first signs of wear, exposure to chemicals, excessive temperatures, or any unusual condition;
• Racing Force products are sold for use exclusively in legally sanctioned motorsport events and are not intended for installation and/or use on public roads, as road safety products (tuning) are subject to different approvals and laws depending on the country of residence. It is the customer’s responsibility to verify the relevant regulations.

10. Force Majeure

10.1 Racing Force shall not be held responsible for any delivery delays or failures if such delays or failures are caused by circumstances beyond its reasonable control, including but not limited to acts of war or terrorism, strikes, national or local emergencies, government or other authorities’ orders, transportation facility failures, power or service outages, earthquakes, or other natural disasters (hereinafter referred to as “Force Majeure”).

10.2 In the event of a Force Majeure occurrence, we will make every reasonably possible effort to fulfill our obligations under these General Online Sales Conditions. If the Force Majeure event persists for a minimum period of 3 (three) months, both the user and Racing Force reserve the right to terminate the sales contract. In such a case, we will refund the payments made by Customers to us.

11. Personal Data Protection

Racing Force ensures that the personal data acquired in connection with the sale of its products through this Website will always be processed lawfully and in full compliance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679) and the Italian Legislative Decree no. 196 of June 30, 2003.

12. Communications

For any information and/or communication, you can contact Racing Force S.p.A. at the following contacts:

Racing Force S.p.A.

via E. Bazzano 5 – 16019 Ronco Scrivia – Genova (Italy)

VAT and Tax Code 02264760105 REA no. GE-260454

Tel. 010.96501 – Fax 010.935698 – Email: info.rf@racingforce.com

13. Applicable Law and Jurisdiction

These Sales Conditions are governed by and shall be interpreted in accordance with Italian law. For any dispute or claim arising out of or relating to these Sales Conditions, the Court of Genoa shall have jurisdiction. However, the user, as a consumer, has the right to bring any dispute or claim arising out of or relating to these Sales Conditions to the court of their place of residence or chosen domicile.