TERMS AND CONDITIONS GENERAL CONDITIONS OF ONLINE SALE ITALIAN BIKE S.R.L
Art. 1 – Field of application and vendor information
All sales of “Bad Bike” products concluded on the website https://bad-bike.it with the company Italian Bike S.r.l., as owner of the trademark “Bad Bike, with head office in Naples (80125) at Via Scarfoglio n. 6, tax code and registration number in the registry of businesses of Naples: 07537921210, Telephone: +39 0817621000, Fax: +39 0817629600, e-mail: firstname.lastname@example.org, pec: email@example.com, are subject to these general conditions of sale. Any waiver or variation shall have no effect between the parties unless expressly agreed in writing. The Customer is obliged to read and accept these conditions and the pre-contractual information provided by the Seller, before definitively confirming the purchase, by ticking the dedicated box. For the formulation of the proposal, it is necessary to indicate an email address to receive communications from the Seller.
Art. 2 – Pre-contractual information for the consumer pursuant to Article 49 of Legislative Decree 206/2005
The Customer, prior to the completion of the purchase agreement, takes note of these general terms and conditions of sale and all the characteristics of the goods purchased and is informed by the Seller in relation to the total price of the goods including taxes, with details of shipping costs and any other cost, the payment method, the deadline by which the goods are to be delivered, the conditions and terms for exercising the right of withdrawal, including the goods redelivery costs and the possibility of availing oneself of the standard form in Annex I , part B of Legislative Decree 21/2014 (Art. 7 of this contract) in accordance with Art.49, paragraph 1, letter h.
Art. 3 – Modalities for concluding the sales contract
Italian Bike S.r.l. sells on this site products branded “Bad Bike” providing brief descriptions of technical characteristics and photographic reproductions, specifying the price, with the warning that small differences from the real product are always possible and not disputable. The Customer’s request to purchase and the simultaneous payment in the methods indicated on the site means full and unconditional acceptance of the offer pursuant to Article 1326 of the Italian Civil Code. On receipt of the Seller’s acceptance, the contract is considered concluded at the Seller’s premises. The Seller shall have the right to withdraw from the contract within 3 (three) working days if the goods are not available, even temporarily. In this case, he is obliged to return the amount received within the next 3 (three) working days. The Seller is obliged to send the Customer, by e-mail, within the same term, confirmation of the order containing an indication of the data provided by the Customer, the order number, confirmation of the price of the goods purchased, confirmation of the shipping costs and/or other charges not included in the price, confirmation of the delivery address to which the goods will be sent and the link for downloading and filing a copy of these general terms and conditions of sale, as provided for by Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014. It is the Customer’s responsibility to verify the correctness of the data contained in the order confirmation and to promptly notify the Seller of any errors or inaccuracies that may prejudice the correct processing of the order. Failure to transmit the order confirmation shall have no effect on the Seller’s delivery obligations arising from the concluded sales contract. By accessing the purchase methods described, the Customer expressly declares that he/she has the capacity to carry out this purchase activity in accordance with the provisions of Italian law, both with reference to the legal age and with reference to the payment method and the use of a payment system. The Seller declines all responsibility for the declarations made by the Customer and for the truthfulness of what the latter declares at the time of purchase.
Art. 4 – Shipping and delivery
Shipping costs for the entire Italian territory are included in the purchase price of the product, while for shipments to foreign countries the costs will be calculated and communicated by the Seller to the Customer with the e-mail confirmation of the purchase order. The Seller commits to deliver the indicated product within the deadline stipulated in the sales offer and specified in the order confirmation e-mail. If the Customer requests a shipment method other than that proposed by the Seller, the Customer shall be responsible for the risk and cost of such shipment method. The products shall be delivered to the Customer by express courier to the address provided by the Customer at the time of purchase. If the delivery is unsuccessful due to absence or problems caused by the Customer, the goods will remain in storage with the courier. The Customer can collect the goods by directly contacting the courier, who is required to leave a notice of non-delivery at the recipient’s address. In the event of non-collection after the fifth day of storage, the goods will be returned to the sender, the order will be cancelled and the purchase price – excluding the total amount of storage and shipping costs incurred by the Seller – will be refunded. At the time of delivery and before accepting the goods, the Customer is obliged to check the content, conformity, and condition of the products and that the packaging is intact. If the packaging is noticeably damaged, it is advisable to accept the goods by signing conditionally the delivery document, in agreement with the courier. The signature with reservation can protect the Seller and the Customer in case of damage to the object incurred in transport. In the absence of the signature with Reservation, it will not be possible to request compensation for damages caused by transport. In any case, the customer must report any damage caused by transport no later than 7 days from the delivery of the goods directly to the seller by written notice to be sent by registered mail to: Italian Bike S.r.l., Naples (80125) Via Scarfoglio n. 6.
Art. 5 – Price and payement
Payment is due from the moment the purchase order is concluded. Prices are indicated in Euros and are already considered inclusive of VAT that is applicable to the purchase order. The prices indicated on the site do not include customs fees, export taxes or similar, which shall be charged to the Customer. The Customer may only pay by the methods provided for and indicated on the website at the time the purchase order is concluded (credit card, Paypal, bank transfer). It is understood that the Seller reserves the right not to confirm the order if, for reasons due to the Customer, payment is not received within 3 (three) days from the conclusion of the purchase contract. In the event of a computer, manual, technical or any other error that may lead to a substantial change in the retail price not foreseen by the Seller, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the Customer shall be refunded within 14 days from the day of cancellation.
Art. 6 – Guarantee
Pursuant to Article 49 of Legislative Decree 206/2005 letter n, the Seller guarantees the quality and conformity of the products delivered, and not the suitability of the same to meet the specific requirements of the Customer. In the event of a lack of conformity, the Customer shall be entitled to have the goods repaired free of charge or replaced or, if these remedies fail, to an appropriate reduction in the price or to terminate the contract. The warranty for defect of conformity, pursuant to Articles 130 and 132 of Legislative Decree 206/2005, shall apply within two years from delivery of the goods, provided that the Customer reports the defect within two months of its discovery. The complaint must be made in writing by means of registered letter to be sent to Italian Bike S.r.l., Naples (80125) Via Scarfoglio n. 6. The repairs or replacements will be carried out within a reasonable time from the customer’s request, and nothing is due by the Seller for the period in which the product is held for the performance of service/repair activities. The rights deriving from the legal guarantee of conformity may be exercised on condition that the products have been used correctly, with due diligence and in compliance with their intended use. The guarantee does not cover normal wear and tear, scratches, abrasions or damage to the external parts of the product. In particular, it does not cover damage caused by improper use (non-compliance with the prescriptions contained in the instruction manual), falls or knocks, even accidental, tampering, repairs not carried out by authorised personnel, storage in inappropriate places (extreme temperatures or high humidity, atmospheric agents), lack of ordinary maintenance. For requests of this nature, the Customer shall contact the Seller directly.
Art. 7 – Diritto di recesso
Al Cliente non professionista è riconosciuto il diritto di recesso previsto dal D.lgs. 206/05 e dal D. lgs. 21/2014, senza spese, oneri e penalità e senza onere di specificarne il motivo, entro 14 giorni lavorativi dalla consegna. Il Cliente potrà esercitare tale diritto inviando una comunicazione scritta contenente la dichiarazione esplicita di voler recedere dal contratto di acquisto, inviata a mezzo raccomandata a/r presso la sede del Venditore, e precisamente a: Italian Bike S.r.l., con sede in Napoli (80125) Via Scarfoglio n. 6. La merce consegnata dovrà essere rispedita nei presso la sede dal Venditore integra, nella confezione originale, completa in tutte le sue parti (compresi imballo ed eventuale documentazione e dotazione accessoria) e completa della documentazione trasmessa. Ai sensi dell’art. 56 comma 2 del D.Lgs 206/2005, modificato dal D. Lgs. 21/2014, il Venditore non è tenuto a rimborsare i costi supplementari qualora per la restituzione del prodotto il Cliente abbia scelto un tipo di spedizione differente da quella meno costosa. Come previsto dall’art. 56 comma 3 del D.Lgs 206/2005, modificato dal D. lgs. 21/2014, il Venditore può sospendere il rimborso fino al ricevimento del bene oppure fino alla dimostrazione di avvenuta spedizione da parte del Cliente. Sono esclusi dal diritto di recesso gli acquisti effettuati da parte di rivenditori e di aziende con Partita IVA. Il Venditore eseguirà il rimborso del prezzo pagato adoperando lo stesso mezzo di pagamento utilizzato dal consumatore salvo che quest’ultimo non abbia esplicitamente indicato di preferire un altro mezzo. Il Cliente conserva il diritto di recesso ma risulta responsabile della diminuzione del valore di un bene risultante da: manipolazioni diverse da quelle necessarie per stabilirne natura, caratteristiche e funzionamento dello stesso e nelle seguenti specifiche ipotesi: a) prodotto restituito non integro ovvero non imballato nella confezione originale o qualora siano assenti elementi accessori al prodotto (viti, manuale di istruzione ecc.) b) prodotto danneggiato per cause diverse dal trasporto c) prodotto assemblato, disassemblato o danneggiato d) prodotto usurato o utilizzato oltre la mera prova (es. e-bike che abbia percorso più di 5 km).
Art. 8 – Website access and industrial and intellectual property rights
The customer is entitled to access the website for consultation and purchases. No other use of the site or its content, in particular of a commercial nature, is permitted. The entirety of the elements of this website, whether audio or visual, as well as all trademarks and distinctive signs used in connection with the sale of the products, are the property of the Seller and are protected by applicable intellectual and industrial property rights and any reproduction, communication, distribution, publication, alteration, or transformation thereof, in whatever form and for whatever purpose, is prohibited.
Art. 9 – Personal data protection
Pursuant to Art. 13 EU Reg. 2016/679 (General Data Protection Regulation – “GDPR”) and Art. 13 of the Code for the Protection of Personal Data (D. Lgs. 30.06.2003, n. 196 – the “Code”), the Seller, as owner, informs the Customer that it will process the personal data provided in execution of these General Conditions, ensuring full compliance with all the requirements of the GDPR and the Code and to this end declares that: a) the data will be processed in compliance with the regulations in force, with the support of printed, computerized or telematic means suitable for storing, managing and transmitting the data, in any case using instruments that guarantee their security and confidentiality and for the purposes indicated below: purposes connected and necessary to the execution of the General Conditions as well as for all administrative and accounting purposes connected to them, purposes connected to the execution of legal obligations, regulations, national and community rules as well as deriving from provisions given by Authorities legitimated to do so; b) the provision of data is compulsory for everything that is required by legal and contractual obligations, and, therefore, any refusal by the Customer to communicate the data or to allow its subsequent processing may make impossible for the Seller to proceed with the contractual relationship; c) the data shall not be disclosed to the public and may be communicated, exclusively for the above purposes, to duly authorised persons for whom it is necessary to make such communication in order to achieve the purposes of the contract; d) The Customer, as interested party, is entitled to the safeguarding rights envisaged by the regulations in force, including knowledge of the data processed (right of access pursuant to Art. 15 GDPR), to obtain their rectification and/or cancellation (Right to be forgotten pursuant to Art. 17 GDPR) and modification (pursuant to Art. 18 GDPR) as well as to oppose their use (pursuant to Art. 7 of the Personal Data Protection Code). Personal data relating to the Customer’s payment methods and acquired by the Seller will be processed on special protected lines and with all the guarantees provided by the use of security protocols provided by each payment circuit.
Art. 10 – Applicable law
Except for the case in which the regulations set forth in Article 66 bis of Legislative Decree 206/05 as amended by Legislative Decree 21/2014 concerning the “consumer” Customer must be applied, all disputes concerning the interpretation, execution, invalidity, termination of any contract subject to these general conditions, or in any case deriving from it, as well as those relating to individual clauses, shall be governed by the regulations set forth in the Civil Code, with the exclusive jurisdiction of the Court of Naples. In the event that the Customer resides or has its registered office outside Italian territory, Italian law and Italian jurisdiction will apply, with the exclusion of the rules established in the United Nations Convention on Contracts for the International Sale of Goods. The possible invalidity of one or more clauses of the contract will not imply the invalidity of the whole contract or of the general conditions of sale. The Consumer is expressly informed, pursuant to art. 141 of Legislative Decree 206/2005, as amended by D. Lgs. 21/2014, of the possibility of resolving any dispute arising in relation to the proper application of this contract, including, by way of example and not limited to, disputes relating to the validity, non-performance, in whole or in part, of the services placed at the Seller’s charge and/or termination of the contract, by means of an online procedure (online dispute resolution procedure – “ODR Procedure”), which can be activated by accessing the online platform made available by the European Commission at the following link http://ec.europa.eu/consumers/odr.
Art. 11 – Communication
All communications must be made in writing, and will be considered validly made if sent by registered mail or certified e-mail to the following addresses:
- Italian Bike Srl, based in Via Scarfoglio n. 6, Napoli – 80125;
- PEC adrress: firstname.lastname@example.org