General Terms and Conditions of Sale via the Magicmotorsport Shop

PREMISE

These General Terms and Conditions of Sale (hereinafter "General Terms and Conditions") govern the offer and sale of products (hereinafter "Products") carried out remotely via the website www.magicmotorsport.shop (hereinafter "Site"), owned by Magic Engineering S.r.l., Contrada Margi Soprano snc, Zona Artigianale 90047 Partinico (PA), Italy (hereinafter the "Professional"). The sale of Products via the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and Legislative Decree No. 70 of 9 April 2003, which regulates e-commerce. These General Terms and Conditions may be amended at any time. Any changes will be effective upon their publication on the Site in the "Terms and Conditions" section. Customers are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions before making any purchase.

Art. 1 - Purpose and Scope of Application

1.1. These General Conditions govern the offer and sale of all Products listed on the Site and apply to all sales concluded between the Professional and the Customer.

1.2. Sales are addressed both to Customers who qualify as "Consumers" (natural persons acting for purposes outside of their business, commercial, artisanal, or professional activity) and to Customers who do not qualify as such (hereinafter "Professional Customers").

1.3. These General Conditions are integrated and supplemented by the specific conditions of sale (hereinafter "Special Conditions") specific to each individual Product, which can be accessed and consulted on the detail page of each Product before completing the purchase. In the event of a conflict or discrepancy, the Specific Conditions will prevail over these General Conditions.

1.4. The Customer's submission of a purchase order implies full and unconditional acceptance of both these General Conditions and the Specific Conditions relating to the Product ordered.

1.5. These General Conditions apply exclusively to the sale of products made through our e-commerce platform and do not cover any services provided through other channels.

1.6. These General Conditions are drafted in Italian. In the event of discrepancies between the translations, the Italian version will prevail.

1.7. All sales contracts are governed by Italian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on April 11, 1980, does not apply.

Article 2 – Definitions

For the purposes of these General Terms and Conditions, the following definitions shall apply:

a) Professional (B2B): Magic Engineering S.r.l., Contrada Margi Soprano snc, Zona Artigianale 90047 Partinico (PA), Italy, Tax Code and VAT No. 06830930829, Economic and Administrative Index (REA) PA-419009, email address info@magicmotorsport.com, certified email (PEC) magicmotorsportsrl@pec.it.

b) Customer: Any person, whether a Consumer or Professional Customer, who purchases one or more Products through the Site.

c) Consumer (B2C): A natural person acting for purposes outside of any business, commercial, artisan, or professional activity, as defined in Article 3, paragraph 1, letter a) of the Italian Consumer Code.

d) Website: the web platform accessible at the URL https://magicmotorsport.shop/en/, managed by the Professional, which qualifies as an "online marketplace" pursuant to applicable law.

e) Product: any tangible movable property offered for sale on the Website.

f) Sales Contract: the contract concluded remotely between the Professional and the Customer for the sale of one or more Products.

Art. 3 - Pre-Contractual Information and Conclusion of the Contract

3.1. In accordance with Legislative Decree No. 70 of 9 April 2003, the Professional informs the Customer that to conclude the purchase contract for one or more Products on the Website, the Customer must complete an electronic order form and send it electronically to the Professional, following the instructions that appear from time to time on the Website.

3.2. Before submitting the order form, the Customer will have the opportunity to identify and correct any data entry errors. It is the Customer's responsibility to verify the accuracy of the data entered.

3.3. Before the Customer submits the order, the Professional will provide all mandatory information required by consumer protection legislation in a clear and understandable manner. This information, together with the Product's Specific Conditions, is made available on the Product detail page and in the order summary.

3.4. The contract is concluded when the order form reaches the Professional's server.

3.5. The purchase process is completed by clicking the button labeled "Proceed to Checkout" or a corresponding and unambiguous statement. The Customer expressly acknowledges that placing the order implies the obligation to pay the indicated price. Failure by the Professional to do so will result in the Customer not being bound by the contract or order. All information provided during checkout on the e-commerce site must be accurate, complete, and truthful. Orders placed by minors or using false information are strictly prohibited. Magic Engineering S.r.l. reserves the right to cancel such orders and take legal action if necessary.

3.6. Once the order form has been submitted, the Professional will send the Customer an order confirmation containing the essential characteristics of the purchased Product, the purchase details, and an order number to the email address provided. Once payment is confirmed, Magicmotorsport will ship the order to the delivery address provided.

3.7. In the event of missing or incomplete payment, the Customer will be notified and will receive instructions for completing the order. Orders not paid within 10 business days may be canceled by Magic Engineering S.r.l.

3.8. For out-of-stock products, the Customer may request to be notified when the products are back in stock by clicking "Notify me when this product is available."

Art. 4 – Prices, Payments and Invoicing

4.1. All Product prices published on the Site are expressed in Euros (€) and are net of Value Added Tax (VAT). Tax treatment varies based on your location and customer category:

a) EU Individuals: VAT is applied.
b) EU Companies with a valid VAT number: VAT is not charged (it must be managed in your country of residence).
c) Non-EU customers: VAT is not applied, but customs duties and import taxes may be charged.

Magic Engineering S.r.l. will verify VAT numbers using the VIES system: VIES VAT Validator.

Final prices, including shipping, taxes, and charges, are displayed before the order is confirmed.

4.2. Shipping costs, if applicable, are indicated separately and specified in the order summary before the Customer submits the order. Transparency regarding all costs, including any commissions, is a requirement of professional diligence.

4.3. The Professional reserves the right to change the price of the Products at any time, without prejudice to the price charged to the Customer being the one indicated on the Website at the time the order is placed.

4.4. The accepted payment methods, clearly and legibly indicated on the Site, are as follows:
a) Credit Card (Visa, MasterCard)
b) PayPal
c) Bank Transfer

Only one payment method can be used per order.

For bank transfers, payment instructions will be sent after checkout. The order number must be included in the transfer description.

Card details are encrypted and managed by secure processors. Magic Engineering S.r.l. does not store this information.

A 3.5% processing fee applies to credit card and PayPal transactions.

4.5. Invoices are issued in PDF format and sent to the email address provided at checkout.

4.6. In the event of non-payment, in whole or in part, of the purchase price, the Professional reserves the right to suspend delivery of the Products and, if applicable, to terminate the contract pursuant to Article 1456 of the Italian Civil Code.

Article 5: Customs Duties and Import Charges

5.1 International shipments may be subject to customs duties, taxes, or import charges, which are the responsibility of the recipient. Magicmotorsport cannot predict or control these costs. For precise information, the Customer should contact their local customs authority.

5.2 By placing an international order, the Customer assumes the role of importer of record and is responsible for compliance with local import laws.

5.3 Customs may inspect the package addressed to the Customer. Pursuant to Italian law, all shipments must include an invoice indicating the total value of the purchase.

Article 6 - Shipping and Delivery

6.1. Product shipments are made to the territory indicated on the Site. Any delivery restrictions are clearly and legibly indicated at the beginning of the ordering process.

6.2. Orders are generally shipped within a maximum of five (5) business days from payment confirmation. In the event of delays due to external factors, the Customer will be promptly notified. Once the order has been shipped, the Customer will receive an email with the tracking number. Deliveries are made Monday through Friday (excluding holidays). Orders cannot be redirected after shipment. All items in an order will be shipped together once they are available. While we monitor the delivery process, we are not responsible for any delays after delivery to our logistics partner. Ownership and risk pass to the Customer upon physical receipt of the goods.

6.3. Delivery of the Product is deemed completed when it is physically available to the Customer or a third party designated by the Customer. From that moment, the risk of loss or damage to the Products passes to the Customer. The purchased Services can be activated directly by the Customer using the activation code contained in the invoice via the Helpdesk panel. All other Services requiring activation by our staff will be processed within 24 business hours. Software licenses and subscriptions are non-refundable after activation.

6.4 Links and activation codes are sent via email as quickly as possible. Time zone differences or delays on the developer’s side may affect delivery times, but Magicmotorsport is committed to processing all orders as quickly as possible.

6.5 Shipments are primarily handled by DHL. If the Customer requires an alternative solution, they can contact sales@magicmotorsport.com.

Art. 7 - Right of Withdrawal (for Consumer Customers only)

7.1. The Consumer Customer has the right to withdraw from the Sales Contract, without stating any reason, within 14 (fourteen) calendar days.

7.2. The withdrawal period expires 14 days after the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the Products.

7.3. To exercise the right of withdrawal, the Consumer must inform the Professional of their decision to withdraw by means of an explicit declaration (e.g., a letter sent by post, fax, or email to the contact details listed in Article 2). To this end, the Consumer may use the standard withdrawal form attached to the Consumer Code, but it is not mandatory.

7.4. In the event of withdrawal, the Consumer will be refunded all payments made to the Professional, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and in any case no later than 14 days from the day on which the Professional was informed of the decision to withdraw.

7.5. The Consumer is required to return the goods or deliver them to the Professional without undue delay and in any case within 14 days from the day on which they communicated their withdrawal. The direct cost of returning the goods will be borne by the Consumer, unless otherwise specified in the Specific Conditions.

7.6. The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code and in any other case specified in the Specific Product Conditions. Any clauses that unjustifiably exclude or limit the right of withdrawal shall be considered null and void.

Art. 8 - Legal Guarantee of Conformity. Returns (Shipping Damage, Promotional Products)

8.1. All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Consumer Code ("Legal Guarantee"), applicable only to Consumer Customers.

8.2. The Seller is obliged to deliver goods to the Consumer that conform to the sales contract. Goods are presumed to be compliant if they possess the qualities and performances that are normal for goods of the same type, which the Consumer can reasonably expect, also taking into account any public statements made by the Seller regarding the specific characteristics of the goods.

8.3. The Seller is liable to the Consumer for any lack of conformity that exists at the time of delivery of the goods and becomes apparent within two years of such delivery. Reports must be made within two months of discovering the defect.

8.4. In the event of a lack of conformity, the Consumer is entitled to:
a) Repair or replacement (free of charge): if the product proves defective within this period and the defect is reported within two months of discovery.
b) Refund or termination of the contract if repair or replacement is not possible.

Refunds will be made using the same payment method used for the purchase.

8.5. For returns, the Customer must return the items, providing Proof of Purchase. Retaining the invoice is essential to access warranty services. For assistance, visit: magicmotorsport.com/en/terms-conditions-warranty.

8.6. The Customer must return the items within 10 days of reporting the problem, at their own expense. The products must be returned in their original condition, complete with all accessories and documentation. Returns must be sent to: Magic Engineering S.r.l., Contrada Margi Soprano snc, Zona Artigianale 90047 Partinico (PA), Italy.

8.7. The Customer is responsible for:
a) Failure to return the item
b) Incomplete returns
c) Products damaged or lost during return shipment. If a product arrives damaged, Magicmotorsport will inform the Customer within 5 business days to allow them to file a claim with the carrier.

8.8. If a returned item was part of a discounted promotional package, Magicmotorsport reserves the right to revoke the discount applied to other related items if the qualifying product is refunded.

Art. 9 – Complaints

9.1. In the event of problems related to order errors, shipping delays, or product defects, the Customer may contact Magic Engineering S.r.l. at sales@magicmotorsport.com or complete the form available at:
https://magicmotorsport.shop/en/send-us-a-claim

9.2. To receive faster assistance, the Customer must include the order number in the complaint.

Art. 10 – Customer Obligations

10.1. The Customer undertakes to carefully read these General Conditions and the Specific Conditions of each Product, which they declare to have read and accepted before placing the order.

10.2. The Customer undertakes to provide truthful and accurate personal information during the registration and purchase process and to keep it updated.

10.3. The products and software sold by Magic Engineering S.r.l. are intended exclusively for competition use—such as closed circuits or racing environments. Use on public roads may violate local laws. By purchasing, the Customer confirms that they have understood and accepted these conditions. The complete terms of use are available at:
www.magicmotorsport.com/en/terms-conditions-warranty

Art. 11 - Limitation of Liability

11.1. Magic Engineering S.r.l. is not responsible for service interruptions, delays, or malfunctions caused by force majeure or events beyond its control. Except in cases of willful misconduct or gross negligence, total liability is limited to the value of the affected product(s).

11.2. Magic Engineering S.r.l. is not affiliated with or a licensee of third-party brands mentioned on the website. These trademarks are used solely for identification purposes. For shipping delays attributable to Magic Engineering S.r.l., the refund will be limited to the shipping costs incurred.

11.3. Magic Engineering S.r.l. takes measures to ensure that downloadable software is virus-free, but cannot be held liable for damages resulting from factors beyond its control.

Article 12 - Applicable Law and Jurisdiction

12.1. The Sales Contract concluded on the Site is governed by Italian law.

12.2. For any dispute relating to the application, execution, and interpretation of these General Terms and Conditions and the Sales Contracts entered into with a Consumer Customer, the court of the Consumer’s place of residence or domicile, if located in Italy, shall have exclusive jurisdiction.

12.3. For any dispute relating to the application, execution, and interpretation of these General Terms and Conditions and the Sales Contracts entered into with a Professional Customer, the parties expressly agree that the Court of Palermo shall have exclusive jurisdiction. This clause is valid and effective if expressly agreed in writing.

Article 13 - Processing of Personal Data

13.1. For information on Magicmotorsport’s data protection practices, please refer to the Privacy Policy available at:
https://www.magicmotorsport.com/it/privacy-policy/

13.2. The User consents to the use of their data in accordance with the Magicmotorsport Privacy Policy.

Art. 14 - Specific Approval pursuant to Articles 1341 and 1342 of the Italian Civil Code

14.1. Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read and specifically approve the following clauses: Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13.