Terms and Conditions

The Seller offers electric motorcycles, electric scooters, parts, accessories and related services. Product images and descriptions on the site are indicative: minor colour or visual differences from the delivered product do not constitute a defect of conformity.

All prices on the site are in Euros and are VAT included. The Seller reserves the right to change prices at any time; the price applied is the one shown at the moment of order confirmation. Product availability is verified at the time of order: if a product becomes unavailable, the Seller will promptly notify the customer offering an equivalent product or a full refund of the amount paid.

Submitting an order through the site constitutes a purchase proposal. The contract is concluded when the Seller sends the order confirmation by email. The customer is required to check the accuracy of billing and shipping information before confirming the order.

Payment is made exclusively by advance bank transfer. IBAN details are sent by email immediately after order confirmation. The order is confirmed and processed only upon receipt of the credit by the Seller. Payment must be made within 7 days of order confirmation; after that period the order is automatically cancelled.

The Seller offers two delivery options:

• Pick up at the store — free of charge, at the registered office in Via Soleto 260, 73025 Martano (LE), Italia, by appointment. The goods will be available within 5 working days from receipt of payment.
• Motorcycle shipping in Italy — flat fee of € 300,00 VAT included, within Italian territory. Estimated delivery time: 7-15 working days from receipt of payment, except in cases of force majeure or carrier limitations.

The risk of loss or damage to the goods passes to the consumer upon physical delivery. The customer is required to check the integrity of the product upon delivery and to report any visible packaging damage to the carrier, with reservation on the transport document.

Pursuant to articles 52 et seq. of the Italian Consumer Code, the consumer has the right to withdraw from the contract, without providing a reason, within 14 days of delivery of the goods. To exercise the right of withdrawal, the consumer must communicate the decision to the Seller by an explicit statement sent to info@motosmart.it within 14 days of receipt of the goods.

The product must be returned intact, in its original packaging, complete with accessories and documentation, within 14 days of notification of withdrawal. Direct return shipping costs are borne by the consumer. The Seller will refund the price of the goods within 14 days of receipt of the returned goods or of proof of shipment, reserving the right to withhold the refund until the goods are received.

Exclusions: the right of withdrawal does not apply to custom-made or personalised products, broken hygiene seals, and generally to the cases provided for by article 59 of the Italian Consumer Code.

All products sold are covered by the legal warranty of conformity of 24 months (12 months for second-hand goods pursuant to article 134 of the Italian Consumer Code) provided for by articles 128-135 of the Italian Consumer Code, which guarantees the goods against defects of conformity existing at the time of delivery. Vehicles are also covered by commercial warranties provided by the manufacturer, according to the terms set out in the respective warranty booklets.

To activate the warranty, the consumer must report the defect to the Seller within 2 months of discovery by writing to info@motosmart.it, attaching a copy of the invoice/receipt and photographic evidence of the defect.

The Seller is not liable for service disruptions due to causes of force majeure (natural disasters, strikes, network failures, etc.) or for any delays by the carrier. Liability for wilful misconduct or gross negligence is not excluded, within the limits provided by law.

The processing of personal data is governed by the Privacy Policy, which forms an integral part of these terms.

Any dispute arising from the conclusion, interpretation, performance or termination of the contract shall be submitted to the exclusive jurisdiction of the Court of Lecce, except for the mandatory venue of the consumer (art. 66-bis of the Italian Consumer Code) where applicable. Italian law applies.

The consumer may also use the European Commission’s ODR (Online Dispute Resolution) platform, available at ec.europa.eu/consumers/odr.

MotoSmart Experience
Via Soleto 260, 73025 Martano (LE), Italia
VAT no. 05107610759
Email: info@motosmart.it