DANU LIMITED S.R.L, a company registered in Romania, having its registered office address at SAT Șimon Nr. 124, Com. Bran, Județ Brașov and VAT number is 15297390, (hereinafter also referred to as “Company”, “ENZO Motorsports”, “we”, “our” or “us”) operates

www.enzo-motorsports.com (“Website”), as well as any other related products and services (collectively, the “Services“).

These Terms and Conditions (“Terms”) govern the Products and use of the Services provided by the Company. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended. Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services. If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

AGREEMENT TO TERMS

By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. The terms ‘customer(s)’, ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. PLEASE READ THIS AGREEMENT THOROUGHLY AND CAREFULLY.

ELIGIBILITY CONDITIONS

In order to use the Website, You need to be 18 (eighteen) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable federal and state laws. ENZO Motorsports shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable federal and state laws. ENZO Motorsports disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are a minor.

EMAIL COMMUNICATION

By purchasing on the Website or otherwise creating an account on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates. You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: 1. you have the legal capacity and you agree to comply with these Terms; 2. you are not under the age of 18; 3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; 4. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; 5. you will not use the Services for any illegal or unauthorized purpose; and 6. your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

PRODUCT INFORMATION AND PRICING

We strive to provide accurate and up-to-date information about our products on our Website. However, we do not guarantee the accuracy, completeness, or reliability of the product information, including but not limited to product descriptions, prices, images, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. All prices shown on our website are in and exclude applicable taxes, shipping, and handling fees unless otherwise specified. The prices are subject to change without notice, and we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed. The images of the products on our website are for illustrative purposes only and may not represent the actual product. We cannot guarantee that the colours, sizes, or other product features shown on our website will be accurate, and we are not liable for any discrepancies between the product information on our website and the actual product received by the customer. We encourage you to carefully review the product information, including but not limited to the product descriptions, prices, and images, before making a purchase. If you have any questions or concerns about a product, please contact us for assistance. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Special prices may be limited to certain merchandise and quantities in stock. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

OFFERS AND DISCOUNT

The usage of any discount codes requires the code to be entered at the time of checkout to be valid. It is the responsibility of the customer to ensure that the discount has been applied before finalizing the order. Please note that discount codes cannot be used simultaneously with other discount codes or offers. In the event that multiple discounts have been applied, we reserve the right to refuse service.

PAYMENT TERMS

We provide our customers with a range of secure payment methods for their convenience. You can make a purchase using any of the following popular payment options:

1. Visa

2. Mastercard

3. American Express

4. PayPal

These reputable and widely accepted payment methods ensure a seamless and hassle-free transaction experience when shopping with us. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

RETURN POLICY

Thank you for your purchase. We hope you are happy with your purchase. However, if you are not completely satisfied with your purchase for any reason, you may return it to us for a full refund or an exchange. Please see below for more information on our return policy.

No Returns or Exchanges
Our products are sold as-is with no option for returns or exchanges, unless a defect or damage is confirmed. We are committed to ensuring the quality of our products and your satisfaction.

Defective or Damaged Products
If you receive a product that is defective or damaged, please contact our customer service immediately at info@enzo-motorsports.com. We will require detailed information about the defect or damage and may request photographic proof.

Process for Handling Defective or Damaged Products
Upon confirmation of the defect or damage, we will issue a Return Merchandise Authorization (RMA) number.

Refunds (if applicable)
After receiving and inspecting the returned item, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within seven (7) days.

 

USE OF WEBSITE

ENZO Motorsports is not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

LICENSE

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third-party content is at issue).

WEBSITE SECURITY

You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim. As a user of this website you undertake:

1. Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;

2. Not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;

4. Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;

5. Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;

6. Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;

7. Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);

8. to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of. ENZO Motorsports is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

PRIVACY POLICY

ENZO Motorsports will not intentionally disclose any personally identifying information about you to third parties, except where ENZO Motorsports, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of ENZO Motorsports’ Privacy Policy. Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime. Please refer to our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide. All material content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

REVIEWS AND FEEDBACK

ENZO Motorsports allows the posting of customer reviews for the products you have purchased from the Website. We love hearing from our customers! So, if you would like to share your thoughts about our products, please feel free to leave a review on our website. By submitting a review, you acknowledge that your comments may be used on our website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any customer failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future. Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those customers and do not reflect the opinions of the Company or any of its subsidiaries or affiliates. You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, review, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

GUIDELINES FOR FEEDBACK

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements; and

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products. Without limiting the generality of the foregoing, the Company makes no warranty: 1. that the information provided on this Website is accurate, reliable, complete, or timely; 2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely; 3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein; 4. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and 5. regarding any Products purchased or obtained through the Website. The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time. The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.

LIMITATION OF LIABILITY

The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of these Terms. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed. You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of these Terms; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of these Terms. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms or your use of the Website or the Products.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Romania and shall have exclusive jurisdiction over any dispute arising under this Agreement. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. The Courts of Brașov, Romania shall have exclusive and supervisory jurisdiction.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

LEGAL DISPUTES

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of Romania. The Place for alternative dispute resolution is in Brașov, Romania.

REMOVAL OF DOUBTS

Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

MISCELLANEOUS

Severability – The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.” Entire Agreement – The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. Waiver – If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. Amendments – Notwithstanding anything contained hereinbefore, ENZO Motorsports may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended. Force Majeure – No one shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email to info@enzo-motorsports.com by adding the word “Terms” in the subject line. Last Updated: June 3, 2023