1. General
The items in the virtual catalogue of the website www.sm-project.com can be purchased from SM-project, with headquarters in Pescara (Pe), 65129 – Via Cetteo Ciglia n°52, under the following conditions:

1.1 The present terms and conditions apply to all products branded “SM-project”.
1.2 Unless otherwise explicitly agreed, the application of other terms and conditions is excluded.

2. Orders and execution of the contract
2.1 All declarations made by SM-project on its website are to be considered as offers.

2.2 By ordering, the buyer accepts the application of the terms and conditions reported on the site. The most recent terms and conditions are indicated on the website www.sm-project.com.
2.3 In case of acceptance of an order for a particular item and/or no longer in production for any reason, SM-project, in consultation with the buyer, will try to provide an item that is similar in both price and quality. After reaching an agreement, the order will be accepted between the two parties.
2.4 The contract is concluded when SM-project accepts the order.

3. Prices
3.1 All prices published on the website www.sm-project.com are inclusive of VAT
3.2 Until the agreement is concluded, SM-project has the power to change prices and other conditions.
3.3 All prices include packaging costs and do not include transport costs and shipping costs. For each order, an additional cost will be applied depending on the payment method, and a contribution to shipping costs, which is mentioned on the website www.sm-project.com.
3.4 Even after the agreement has been made, SM-project has the power to pass on changes in VAT rates and any other taxes and/or charges to the buyer.

4. Delivery
4.1 SM-project determines the means of transport used and the carrier. If the buyer has specific transport requirements, the additional costs are at his expense. All orders are delivered to the destination indicated by the buyer.
4.2 SM-project delivers the order with due speed. In the event of a delay in the delivery of the entire order or part of it, SM-project will inform the buyer no later than three weeks after acceptance of the order. The buyer then has the right to cancel the order, within seven days of receiving the notification of delay.
4.3 SM-project reserves the right to deliver the order in phases. Partial deliveries or subsequent delivery do not entail additional costs for the consumer.
4.4 Despite the fact that the order management is carried out with the utmost care, it is possible that the order is only partially delivered, or by mistake. The buyer is obliged to notify us within seven days of receiving the items. In this case, the delivery will be completed or re-delivered at the expense of SM-project.

5. Payment
5.1 Advance payment is made online via PayPal, Credit Card (Stripe) or Scalapay (payment by installments) in accordance with the conditions indicated on the site.
5.2 If there is no reason to do so, SM-project reserves the right to refuse a means of payment proposed by the buyer. In this case, the buyer will be notified and the order will be shipped after advance payment.

6. Retention of title
6.1 Items sold remain the property of SM-project until all (payment) obligations are fulfilled. This applies to all obligations for which the law allows the creation of a retention of title.
6.2 SM-project has the irrevocable authority to recall items that remain the property of SM-project without the need for proof of default.

7. Right of withdrawal
7.1 The right of withdrawal does not apply to buyers who purchase products made to measure or clearly personalized.
7.2 Buyers who do not purchase the products for business or professional purposes (VAT holders), without any customization, have the right to withdraw within 14 days from the day following the date of delivery/receipt of the product.
The items must be returned in their original packaging, well packaged and without damage, accompanied by the invoice/receipt and the order number in question
7.3 The shipping costs for returning the products are borne by the buyer

7.4 Obligation to refund: SM-Project is obliged to return to the customer the full amount paid for the purchased product, without any penalty or charge. Refund times: The refund is issued within 7 working days from the moment SM Project receives the returned product from the customer. Refund method: The refund will be made using the same payment method chosen by the customer at the time of purchase (PayPal, credit card, Scalapay). Exclusion of liability: SM-Project assumes no responsibility for any delays in the refund due to the technical times of the payment systems

8. Right of withdrawal for articles
8.1 The right of withdrawal applies only to consumers who purchase the products for private purposes (a consumer is defined as someone who purchases outside the scope of their business and therefore does not benefit from the purchase by deducting VAT)
8.2 When the articles delivered by SM-project are not returned, within the “cooling off period” indicated in article 7.2, the buyer automatically undertakes to accept the articles themselves.

9. Guarantees
9.1 SM-project guarantees the quality of its products delivered during a period of twenty-four months after delivery of the product.
9.2 In the case of products that do not correspond to the description in the warranty or the description on the website www.sm-project.com, the buyer may claim a warranty, provided that he notifies SM-project within two months of the day on which the buyer discovered the deficiency. For buyers who purchase the products for business or professional use, the deadline within which SM-project must be notified of the deficiency is 14 days. Along with the notification, the buyer must send an elaborate description of the deficiency, as well as a copy of the invoice/sales receipt. This provision applies exclusively to buyers who do not purchase the products for business or professional purposes.
9.3 In accordance with a legally made warranty claim, the buyer is entitled to a free repair or free replacement (at SM-project’s option) of the product, except when such fulfillment proves impossible or disproportionate.
9.4 This warranty does not apply if:
• The item was insufficiently protected against transport damage during its return;
• Modifications have been made to the item;
• Defects resulting from incorrect or improper use, such as failure to follow the accompanying instructions;
• The defect was caused on purpose or by extreme negligence;
• The defect was caused by uncontrollable disasters and catastrophes;
9.5 If the product was delivered to the first purchaser more than one year ago and SM-project is no longer able to repair the item in question or no longer has the item in stock, SM-project offers the possibility, at the purchaser’s option, to provide a replacement item at 50% of the purchase price, or to refund 50% of the purchase price paid.
This provision applies exclusively to purchasers who purchase the products for business or professional purposes.

10. Personal information
10.1 Personal information is stored in SM-project customer databases, in order to process orders. In addition to this, SM-project uses the information for internal marketing purposes. For the use of personal data, SM-project complies with the relevant legislation.
10.2 When SM-project provides information to third parties for the performance of activities within the scope of the activities described in point 10.1, the customer’s privacy remains safe.

11. Liability
11.1 The reliability of SM-project with regard to the sale and delivery of items is expressly limited to the guarantee referred to in Article 9.
11.2 The liability of SM-project is limited to the amount actually paid of the invoice/receipt sent in question.

12. Warranty Limitations
SM-project declines all responsibility for any damage directly or indirectly caused to people, animals or things resulting from improper use and maintenance of the items sold. The warranty does not apply to damage caused by carelessness, incorrect use and installation and not in compliance with the warnings and instructions given in the instruction or installation manual, by misuse, mistreatment, deterioration, lightning, atmospheric phenomena, overvoltages and overcurrents, insufficient or irregular power supply, adaptation or modification, nor to damage caused by incorrect use or in contradiction with the technical and/or safety measures.
The installation of technical products must be entrusted to specialized personnel and/or professional operators in the sector. In particular, all those perishable products with the use of which it is not possible to establish with certainty the cause of the malfunction as it is linked to other external factors are subject to warranty limitations. The products on www.sm-project are reserved exclusively for competitions and/or may not be approved for road use (approved products expressly display the wording “approved”). All products in the catalogue are intended to be compatible or adaptable except in cases where “original” is expressly indicated. The images published are intended only to represent the products.

13. Information actions
13.1 At the latest upon conclusion of the contract, SM-project provides the buyer with these terms and conditions electronically or otherwise. The buyer is responsible for printing and keeping these terms and conditions.
13.2 On its website, SM-project provides access to the following information:
• Its registered office.
• The most important characteristics of the products, including the price
• Delivery and payment methods and costs
• The address where complaints can be lodged, if the address is different from the place of business
• The means of taking back and returning the products, including any costs involved
• The validity period of the offer (if applicable)
13.3 If the buyer wants to dissolve or cancel the agreement due to the fact that SM-project does not fulfill the legal obligation to provide information, this right must be exercised within 14 working days after acceptance of the order.

14. Disputes
14.1 If possible, disputes are resolved by mutual agreement.
14.2 Italian law applies to these terms and conditions and all disputes are resolved by the judge of the province where the registered office of SM-project is located.