Please read the following terms and conditions carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable (Dutch) law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Dutch and other copyright laws, and is the property of www.provamodena.com. The collective work includes works that are licensed to www.provamodena.com. Copyright 2016 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.provamodena.com or purchasing www.provamodena.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.provamodena.com or to purchase www.provamodena.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.provamodena.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.provamodena.com used in the site are trademarks or registered trademarks of www.provamodena.com
We seek permission to post (copyrighted) images.
When someone is claiming copyright on an image, they need to provide proof that they are the actual copyright holder and we shall remove the image within 48 hours from our website.
Prova Modena has no association with car manufacturers or other automotive businesses.
The use of manufacturers’ names, symbols, type designations, and/or descriptions is solely for reference purposes. It does not imply that the Prova Modena product is a product of any of these manufacturers. The use of racing team and/or driver names, symbols, starting numbers, and/or descriptions is solely for reference purposes. Unless otherwise stated, it does not imply that the Prova Modena products is a product of any of these racing teams/drivers or endorsed by any of them.
The manufacturing and distribution of the suspended scale models does not require any license.
The model cars are true scale models of original car which were produced more than 25 years ago. Any design which has been published earlier than 25 years ago automatically belongs to the public domain because of the maximum duration of protection of any design registration. Therefore, no authorization is required for the production and distribution of respective scale models.
Please further note that the European Court of Justice (ECJ) and various national courts accordingly (Germany, Spain, Italy etc) ruled that the affixing of a trade mark on scale models in order faithfully to reproduce original cars, and the marketing of those scale models does not constitute a use of the trade mark which the proprietor of the trade mark is entitled to prevent (cf. ECJ, Case C-48/05 – judgment of 25 January 2007, GRUR Int. 2007, 404 – Adam Opel / Autec; Federal High Court of Germany
Prova Modena leather products are guaranteed for their natural life and to be free of manufacturing defects. Our leather products are made from natural materials which can vary in color and texture. Variations in color or texture are not considered defects but rather symptoms of the natural product.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.provamodena.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.provamodena.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.provamodena.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
www.provamodena.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.provamodena.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product is mistakenly listed at an incorrect price, www.provamodena.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.provamodena.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and paid. If your funds recieved for the purchase and your order is cancelled, www.provamodena.com shall issue a credit to your bank account.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.provamodena.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.provamodena.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.provamodena.com
Your use of this site shall be governed in all respects by the laws of the Netherlands, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.provamodena.com products) shall be in the Netherlands. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.provamodena.com products) must be commenced within one (1) year after the claim or cause of action arises. www.provamodena.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.provamodena.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Shipping costs are not included in our prices.
Standard shipping by registered (priority) mail. Insured amount up to 500 euro (per package). Extra insurance with various shippers is possible.
Note: insurance does not always cover the full amount!
We can ship the items with DHL, FedEx or UPS or buyer can use their own shipping company (e.g. DHL, FedEx etc) and we only charge a packing & handling fee.
We also use a local company for crating and freight by sea or air for large items. Please ask us before purchase.
All shipping in terms & conditions of postal service / freight service.
All items sent quickly as possible and proof of postage kept. Fragile items will be wrapped, however, we cannot be held responsible for breakages made in transit and will have to put in claims with the courier should this happen.
Prices in EURO (€)
www.provamodena.com reserve the right to alter prices and product specification without prior notice.
Every so often, you will not be able to find the precise product and setting that you want on our website. In such instances, you may make a specific request through email and we will make every effort to assist you.
www.provamodena.com has a no return policy on special orders, custom built items, art, books, photos and items sold as “pre owned/used”. Other returns must be authorized and returned within 21 days of purchase date. The purchase date is the date printed on the invoice. Authorized returns must be accompanied by a copy of the invoice, and are subject to a 25% re-stocking fee. Return shipments at costs of the buyer.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.provamodena.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
www.provamodena.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.provamodena.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However,www.provamodena.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.provamodena.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.provamodena.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, www.provamodena.com may link to sites operated by third parties. However, even if the third party is affiliated with www.provamodena.com, www.provamodena.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.provamodena.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.provamodena.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).