The words and expressions mentioned in these General Terms and Conditions (hereinafter also “T&C”) have the meaning set out in the text and in the definitions below.
For the purposes of this agreement, hereinafter the definitions of:
“Consumer”: Contracts for services of usual consumption, which are intended for the personal or family use of the consumer and are not subject to the consumer's professional or commercial activity (definition according to Art. 120 IPRG);
Sale and Purchase Agreement: the purchase agreement of the Simulator that recalls, includes and is subject to these T&C;
User Manual: the digital form manual that is provided together with the Simulator, which includes the indications for the functioning of the product, the security instructions for its proper use and for the regular maintenance of the hardware. The User Manual is only available in digital form, in Italian and in English and can be accessed on any informatics device;
Installation Service: the service provided by the Seller to the Buyer which includes the transport and the delivery of the Simulator; its installation at a ground level floor with no stairs, unpaved pathways, or other obstacles to lift or move the simulator over (the delivery and installation location should be considered fit for the delivery of a real car without requiring additional equipment such as for example cranes, or forklifts); the installation of the software and a functional testing and the explanatory briefing for the correct use of the Simulator by the Buyer, also for security purposes.
“Simulator“: the car simulator of Roarington, a brand of Roarington AG (including all hardware and software provided by Roarington AG and/or its licensees) as set out in the Sale and Purchase Agreement, provided together with the User Manual and a welcome kit;
2. General Conditions
The definitions indicated in Article 1 are an integral part of these T&C.
The T&C govern the terms and conditions of sale between Roarington (tax and VAT number 2656023), with headquarter in 9490 Vaduz, Pflugstrasse 10, Liechtenstein (hereinafter referred to as the “Seller“) and the Client (hereinafter also the “Buyer“) with reference to the sale and purchase of the Simulator.
The Buyer may have the status of “commercial client” or Consumer. Some of the provisions contained in these T&C exclusively apply to one of the two mentioned categories, as set out in the relevant Articles. The sale of the Simulator shall be governed by the Sale and Purchase Agreement and by these T&C therein included, that must be accepted and signed by the Buyer.
Along with the sale of the Simulator, The eClassic Club Trust reg with tax code 2664564 and registered office in Pflugstrasse 10 Vaduz, Liechtenstein, offers to the Buyer an additional service club membership (“Roarington Club membership”) to which separate general terms and conditions apply.
The Seller makes no representations as to the duration of the Roarington Drive App, membership and/or the Roarington Club Service and reserves the right to suspend, limit or terminate the Roarington Drive App, membership and/or the Roarington Club Service. In the event of discontinuation of the Roarington Drive App and/or Roarington Club Service, the Buyer will be informed of successor solutions available.
This service is included in the purchase price of a simulator for the first 3 (three) years.
These T&C do not apply to the purchase of the so-called “financed packages”, namely the joint sale of products, content and additional services, together combined with financial solutions based on a consumer credit basis. Specific general terms and conditions apply to the purchase of “financed packages”. In the event that payment option chosen implies a financed solution, the user commits to comply with the financing terms and conditions provided by the financial partner(s) of the Seller, separately provided for the approval.
3. Conclusion of the Purchase Contract
By signing the Sale and Purchase Agreement and these T&C, the Buyer confirms being of legal age, the possession of the necessary legal capacity in order to conclude similar negotiating operations, and to have read, understood and accepted these T&C.
4. Price and method of payment
The prices for the purchase of the Simulators, as set out in the Sale and Purchase Agreement, includes delivery and installation fees, with the exclusion of VAT, if applicable, and other taxes, duties or tax burdens eventually applicable to the Sale and Purchase Agreement.
The delivery and installation fees are charged to the Buyer in the event of deliveries or installations to be performed out of the territory of the Italian Republic (not including any islands such as for example Sicily or Sardinia), Switzerland, San Marino Republic and the State of Vatican City. In these cases, the above mentioned fees will be separately calculated and communicated to the Buyer along with the signing of the Sale and Purchase Agreement.
Standard delivery and installation to the definitive site inside the building is included in the purchase price if the Simulator is installed at ground floor level, with no stairs, unpaved pathways, or other obstacles to lift or move the simulator over. The delivery and installation location of the Simulator should be considered fit for the delivery of a real car without requiring additional equipment such as for example cranes, or forklifts.
The delivery and/or installation fees of the Simulator shall be charged to the Buyer if the conditions as set out in article 10 below are not met.
In such cases, delivery and/or installation fees will be separately calculated on an individual basis and communicated to the Buyer along with the signing of the Sale and Purchase Agreement.
The price of the Simulator also includes a remote maintenance of the software, which allows the Seller and the third parties authorized by the latter to access the Simulator and perform remote interventions of ordinary maintenance while the Simulator is turned on.
The ordinary maintenance of the hardware is excluded from the price. The relevant cost shall be calculated separately and entirely borne by the Buyer when the maintenance is necessary, with the possibility of the Buyer to include in the Sale and Purchase Agreement this additional service.
The payment of the price must be made, alternatively, by wire transfer, credit card or other authorized method of payment (e.g. PayPal or WorldPay).
The 50% of the purchase price must be paid along with the signing of the Sale and Purchase Agreement, while the remaining 50% not later than the expected delivery date.
Alternatively, the payment can be made by financing, only in the cases explicitly agreed and set out in the Sale and Purchase Agreement, in accordance to Article 2. Different payment methods shall be separately agreed between the Seller and the Buyer and expressly confirmed in writing in the Sale and Purchase Agreement.
5. Suitability of the Simulator’s location
The Buyer undertakes to adopt all the necessary measures in order to ensure that the location where the Simulator must be assembled and installed is suitable and safe for its functioning, also taking into account its dimension and specific weight.
The Buyer declares to be aware that for the functioning of the Simulator is required a power supply (220 V / 50 Hz) and a stable wired internet connection of at least equal to 30 mBit/sec of download speed is required.
Due to the electronic and IT components, the Simulator shall be installed only in interior spaces, with an average level of humidity suitable for living spaces (between 25% and 50%) and an environmental temperature never lower than +10°C and higher than +30°C.
At the Buyer’s request, the Seller shall perform a virtual and/or in-person on-site inspection, relying on employees or third parties experts appointed by the Seller, in order to verify the suitability of the location (hereinafter also the “Inspection“). A virtual first level inspection will be offered free of charge, whereas the cost of an in-person on-site inspection shall be borne by the Buyer and must be agreed individually in the Sale and Purchase Agreement.
6. Termination of the Sale and Purchase Agreement and consequences
In case of non-payment of the purchase price according to the modalities set forth in Article 4, the Seller reserves the right to withdraw from the contract.
If the purchased item has passed into the possession of the buyer prior to payment, the seller expressly reserves the right within the meaning of Art. 214 CO to withdraw from the contract and to reclaim the transferred purchased item.
7. Penalty clause for non-fulfilment of payment of the price and effects
The Buyer agrees that in the event of non-payment of the price in accordance with the modalities and deadlines specified in Article 4, 50% of the price shall be retained as a penalty, regardless of compensation for further damages.
If the Buyer has already paid 50% of the price, the Seller may retain this amount directly as a penalty, considering that this amount is proportionate to the costs incurred for the realization of the simulator.
8. Rights to hardware, software and multimedia content
Each Simulator includes software, hardware and multimedia contents that might be property of the Seller or provided by third parties licensees.
The Buyer undertakes to not modify, copy, redistribute or attempt to decrypt any software (neither proprietary software of the Seller nor software supplied under license of use), hardware and multimedia contents of the Simulator.
9. Usage only by suitable people
The Simulator can be used only by people of legal age, with suitable psychophysical conditions. More specifically, the use of the Simulator is denied to people affected by physical and mental impairments; under the effect of alcohol or drugs; in state of pregnancy or affected by illnesses such as epilepsy, claustrophobia, kinetosis, heart disease or motor disorders.
Before using the Simulator, it is mandatory to carefully read the User Manual and to comply with the instructions therein included.
When using the simulator, it is also necessary to follow the safety instructions displayed on the monitor.
10. Delivery, Transport and Installation
The delivery condition, unless otherwise communicated by the Seller, is “Delivered at Place (DAP)” (Incoterms 2020). The Simulator shall be considered delivered once the Buyer has accepted the delivery in the location set out in the Sale and Purchase Agreement.
In case the exact date of delivery is not specified in the Sale and Purchase Agreement, the delivery shall be completed within a reasonable time from the date of conclusion of the Sale and Purchase Agreement, generally within 5 months, except in cases of force majeure.
The Buyer may request a deviation from the delivery date specified in the purchase agreement no later than one week before the expected delivery date. If the request for a change of the delivery date is submitted to the Seller after the aforementioned deadline, the Buyer shall reimburse the transport costs already incurred by the Seller. In addition, the Buyer shall, at the sole discretion of the Seller, pay an amount of Euro 1'000.- for each week of postponement of the delivery date as a penalty for storage costs, irrespective of any claim for damages.
The Seller, at its sole discretion and under its responsibility, may rely on third parties in order to provide the Buyer with the delivery service and/or installation service, and/or other eventual services covered by the Sale and Purchase Agreement.
The delivery and installation service fees, as described in article 4. above, are only included in the simulator purchase price if a standard set of conditions at the delivery and installation location are met. Said conditions are as follows:
10.1 In case of extreme weather conditions, a more delivery-friendly date may be jointly defined between seller and buyer.
10.2 The delivery vehicle can be parked outside of the installation location, no more than roughly 10 meters away, on a flat and paved surface. The surface should be at least 7m x 6m in dimension to allow for a lateral unloading of the simulator.
10.3 The simulator can be rolled inside the installation site on a paved and flat surface without having to overcome obstacles such as grass, gravel, stones, steps, bumps, holes or excessive slopes and slope variations.
10.4 Any doors through which the simulator must be rolled should be at least 1.5 meters wide. Any corridors should be at least 2 meters wide.
10.5 In case the installation is not located on a ground level, an elevator of minimum dimensions 3m x 2m with a door width of 1.5 meters must be available.
11. Data Protection
Confidential data of the Buyer will be collected for quality control and maintenance management purposes.
12. Warranty and after-sales service for the Consumer
The warranty is valid for a period of 2 (two) years from the date of delivery of the simulator. For used simulators (not refurbished) the warranty is valid for a period of 1 (one) year from the date of delivery.
The Buyer shall forfeit his warranty right if he does not report the defect to the Seller of the simulator within a period of 2 (two) months from the date of its discovery.
In case of a defect, the Buyer has the right to have the simulator repaired or replaced free of charge. If repair or replacement is not possible, is not carried out within a reasonable period of time or is unreasonable for the buyer, the buyer may demand either a price reduction or the cancellation of the purchase contract.
If the buyer intends to change the location of the simulator, a new installation is required. This intervention must be agreed with the seller and must be carried out by the seller or a third party appointed by him.
The cost of this service must be agreed with the buyer and will be at his expense. By relocating the simulator without prior agreement with the seller, the buyer forfeits the warranty right.
In case of commercial use of the simulator, the buyer forfeits any warranty. "Commercial use" shall mean use of the simulator in publicly accessible premises, rental or resale of the simulator.
If the Buyer or any third party not authorized by the Seller modifies or attempts to modify the Simulator (hardware or software) and/or places it outdoors or in a location that does not comply with Article 5, this will result in the immediate loss of the Buyer's warranty rights on the Simulator.
13. Liability of the Seller
The Seller ensures that the Simulators complies with all the safety standards requested by the laws, provisions and regulations in force in Italy and in the European Union.
14. Liability exclusion of the Seller
The Seller shall not be liable for damage to property and/or persons caused by installation and/or maintenance performed by the Buyer or by third parties not authorized by the Seller, contrary to the provisions of the User Manual.
The Seller shall not be liable for any damage to property and/or persons caused by the use of the Simulator contrary to the provisions of the User Manual and/or by the use of the Simulator by unsuitable persons as defined in the aforementioned Article 9.
15. The Buyer’s obligations
The Buyer, under its sole responsibility, commits to verify in advance the suitability of its personal state of health in order to use the Simulator, as well as to verify that the Simulator is used only by suitable people, as identified in the mentioned above Article 9.
The Buyer commits to carefully read the User Manual and to ensure that everyone that uses the Simulator complies with the User Manual and the instructions received at the Simulator’s installation. In this regard, the Buyer declares to be aware that, as a result of the movement and visual stimulation caused by the high speed simulation, different individual reactions may occur depending on physical conditions of each individual, such as dizziness or kinetosis, but also an higher release of the stress hormones and, consequently, an increased heart rate. Normally these symptoms are temporary body and central nervous system adaptations, that might occur in the initial phase of use of the Simulator, which tend to alleviate with the progressive use of it. The Buyer commits, under its sole responsibility, to observe and ensure that other third parties that use the Simulator observe the reactions of their body in relation to the Simulator’s use and to interrupt, if necessary, the use.
16. Termination right of the Consumer
The Buyer has the right to terminate the purchase contract within 14 (fourteen) working days from the date of delivery of the simulator or from the date on which he or a third party selected by the Buyer, other than the carrier, takes physical possession of the simulator.
In order to exercise the right of withdrawal, the Buyer must notify the Seller of his wish to withdraw from the purchase contract by an express statement of his final decision to terminate the contract within the fourteen-day period (e.g. by mail, fax or e-mail). If the Buyer decides to withdraw from the Purchase Agreement, all amounts paid to the Seller, including transport costs (with the exception of additional costs resulting from the fact that the Buyer has chosen a cheaper standard delivery method other than the one offered by the Seller), shall be refunded to the Buyer without undue delay and in any case no later than within 14 (fourteen) days from the day on which the Seller was notified of the Buyer's decision to withdraw from the Purchase Agreement. For this repayment, the Seller shall use the same means of payment that the Buyer used in the original transaction, unless the Buyer has expressly stipulated otherwise. In no event shall the Buyer be responsible for the cost of the refund. Seller may suspend reimbursement until it receives the simulator or proof of shipment of the simulator from Buyer, whichever is earlier.
The Buyer shall make the simulator available to the Seller or to a third party authorized by the Seller without undue delay, but no later than within 14 (fourteen) days from the date on which the Buyer notified the Seller of its intention to withdraw from the purchase contract.
The direct costs of returning the simulator shall be borne by the Buyer. In case of dispute on this point, the cost shall be approximately equal to the delivery cost of the Seller.
17. Applicable law. Exclusive jurisdiction.
The purchase contract applies only to contracts with buyers as consumers with domicile or habitual residence in Switzerland and is therefore subject to Swiss law pursuant to Art. 120 IPRG. For contracts with non-consumers as buyers, Italian law is applicable. The provisions of the purchase contract provided for by the Seller and its GTC shall be applicable according to Italian law (cf. already Article 2 above).
The applicability of the Vienna Convention on Contracts for the International Sale of Goods of 1980 is expressly excluded.
The place of jurisdiction shall be determined in accordance with Art. 15 et seq. of the Lugano Convention (LugÜ) regarding jurisdiction in consumer matters.
If the Buyer does not qualify as a consumer within the meaning of the Lugano Convention, all disputes between the Buyer and the Seller concerning the validity, interpretation, performance and dissolution of the purchase contract shall, to the extent permitted by law, be subject to the exclusive jurisdiction of the courts of Milan.
For any information and/or complaints, the Buyer may send an email to the following e-mail address: email@example.com or contact the Seller's phone number +4233757080. Alternatively, the Buyer may send a notice by mail to the following address:
Roarington AG, Head Office in (9490) Vaduz, Pflugstrasse 10, Liechtenstein.