GENERAL TERMS AND CONDITIONS OF SALE
The terms and conditions set out below are exclusively between the company Biciclettaio Matto of Bresciani Mauro with registered office in Desenzano del Garda (BS) Viale Motta, 155 postal code 25015 Italy - VAT no. 03608140988 hereinafter referred to as "Biciclettaio Matto" and anyone who makes purchases online on the internet site www.biciclettaiomatto.it hereinafter referred to as the "Customer".
All purchase transactions made by Customers (i.e. natural persons acting for purposes unrelated to their professional or business activity eventually carried out and purchase products for personal use only) will be governed by the provisions of Legislative Decree No. 206/2005 (Italian Consumer Code); for purchases made by Customers who are traders, wholesalers, retailers, professionals and who purchase for non-personal use, the purchase transactions will be governed by the Italian Civil Code.
The protection of privacy will be subject to the rules of Legislative Decree no. 196/2003 "Privacy Code"; the Customer for this purpose will have to read the information in the "Privacy" section on this website and give consent to the processing of data in order to proceed with the order.
Once concluded the purchase procedure, the Customer agrees and undertakes to print and keep these General Terms and Conditions of Sale, in compliance with the Italian Consumer Code.
ARTICLE 1 – Subject of the contract
The contract relates to the sale of goods – bicycles and accessories-indicated and offered for sale on the website www.biciclettaiomatto.it (where the name of the goods and the essential characteristics of the same are mentioned) by Biciclettaio Matto to the Customer.
The contract is agreed exclusively via the internet, through Customer access to the www.biciclettaiomatto.it website and creation of a purchase order in accordance with the procedure provided on the website.
The purchase of products, available as illustrated and described online in the relevant datasheets, shall be carried out by the Customer at the price indicated therein, inclusive of VAT, plus the shipping costs, and also displayed in the transaction information during the purchase.
Functions and features described in the data sheets are provided by the Manufacturer.
In the event of product customisation, the Customer expressly accepts all changes by sending the order.
Product availability is not always updated in real time and since the access and the ability to place orders online can change the availability of the product, we cannot guarantee the certainty of the allocation of the goods ordered.
Partial or total non-availability of goods may also occur even after the email confirmation of the order has been sent by Biciclettaio Matto. In this event, the order will be automatically adjusted by removing the product which is not available and the Customer will be immediately informed by email.
On the website www.biciclettaiomatto.it it is also possible to book some products for which the seller reserves the right to communicate to the Customer the actual availability and delivery times (usually exceeding delivery times for products available in stock) by contacting the Customer at one of the addresses indicated during registration. The Customer, after completing the purchase order, will receive an initial e-mail message where a confirmation of the receipt of the purchase order indicating the relative number will be communicated.
The Customer must check the accuracy of the data and of the products purchased and eventually promptly report to the seller any mistakes, modification requests or otherwise. The Customer examines the characteristics of the goods, as described on the individual product data sheet when selected by the Customer, prior to confirming the purchase agreement.
ARTICLE 2 - Pre-contractual information for consumers (Art. 49 of Legislative Decree 206/2005)
Prior to confirming the purchase contract and prior to validating the order with "confirm payment", the Customer will be notified of:
- the total price of the goods inclusive of taxes, with details of shipping and any other costs;
- payment method;
- the date by which Biciclettaio Matto undertakes to deliver the goods;
- terms, conditions, and procedures for exercising the right of withdrawal (Art. 6 of these terms and conditions) as well as the cancellation form in Annex I, part B of the Legislative Decree no. 21/2014;
- the fact that the Customer is liable for the cost of returning the goods in case of withdrawal; - the existence of a legal guarantee of conformity for goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by Biciclettaio Matto.
The Customer may at any time and in any case before confirming the agreement, take note of information relating to Biciclettaio Matto, geographical address, telephone and fax numbers, e-mail address and any information reported, even subsequently:
BICICLETTAIO MATTO of Bresciani Mauro
Viale Motta, 155 – 25015 Desenzano del Garda (BS)
ARTICLE 3 – Confirmation and validity of the agreement
It is possible to conclude a contract via the internet only for products that are available.
The Customer must access the www.biciclettaiomatto.it website and create a purchase order in accordance with the procedure provided on the website.
The sending of an email confirmation by Biciclettaio Matto to the Customer is considered as confirmation of the agreement. The email contains the Customer's data and order number, the price of the goods purchased, delivery costs, the address to which the goods will be delivered.
The Customer undertakes to check that his/her personal information is correct and to notify Biciclettaio Matto promptly of any errors.
For the purchase of customised products, the customer must send a request through the form on the website.
Upon its reception, Biciclettaio Matto will check the configuration requested and will forward the Customer the price of the product with customised parts and any other relevant information for the possible purchase. The contract of sale may be considered concluded only when the acceptance form of the purchase proposal is returned to the proponent, accompanied by proof of payment.
Product processing will be performed after the actual payment is received.
ARTICLE 4 - Methods of payment
The Customer may pay by Paypal and associated credit cards.
If the Customer has chosen to purchase through the Paypal payment method, at the conclusion of the order, he will be directed to the Paypal login page.
The amount of the order will be debited from your Paypal account at the time of order. In the case of cancellation by the Customer or in the case of non-acceptance by Biciclettaio Matto, the amount will be refunded to the Customer's Paypal account.
In the case of the cancellation of the order, the cancellation of the transaction will be requested and the company Biciclettaio Matto in no case shall be liable for any direct or indirect damage deriving from delay or failure of releasing the order amount by Paypal.
For every transaction made through a Paypal account, the Customer will receive an email confirmation from Paypal.
Bicilettaio Matto reserves the right to cancel and/or suspend the order if Paypal sends a message via email to report anomalies and/or irregularities in payment; in such a case the Customer may be requested to disclose additional information and/or to send copies of documents proving the ownership of the card used.
In the absence of the requested documentation, Biciclettaio Matto has the right not to accept the order without, for such reason, the Customer's right to claim for damages. If the customer cancels a booked order with payment by credit card or Paypal, Biciclettaio Matto will refund according to the same method chosen by the Customer who may not request a change of the same.
ARTICLE 5 - Delivery methods and expenses
Delivery shall take place during all working days.
The purchased products will be delivered to the address indicated (the number) and Biciclettaio Matto will not be held responsible for any incorrect address (street or house number).
The missing address will automatically result in the cancellation of the order. In the case of an error in the address, the Customer will be contacted by phone at the number indicated in the order.
If no telephone number has been supplied the order will be automatically cancelled.
The shipping contribution, to be added to the price of the products purchased, is calculated automatically by the system depending on the weight (to be understood as weight/volume ratio) of the packed product.
Standard delivery is carried out on weekdays from 8:30 at 18:00.
This type lays down provisions for delivery to street level for all products.
Delivery is not made to the floor level.
Stopover or storage fees at the courier, due to the absence of the recipient, will be borne by the Customer.
The customer must verify, upon receipt, if the packaging is intact, and if the product delivered complies with that ordered. If the packaging should appear damaged the Customer must sign the delivery note stating "acceptance subject to inspection" on the integrity of the products; if this does not happen, the Customer may not dispute, thereafter, the non-compliance of the product ordered and its quantity.
Without this constituting liability for Biciclettaio Matto the goods are delivered approximately:
- In Italy: within 3 business days of the order confirmation.
- In Europe: within 7 business days of the order confirmation.
In the case of orders where anomalies in payment are reported to Biciclettaio Matto such as the name mismatch of the Registrant and the owner of the credit card, the products will be delivered within 7 working days after verification of the regularity of payment or otherwise starting from the end of the verification that will be necessary to ensure the regularity of the payment.
In the event that the products are not delivered after the expiry of the above time limits, the customer may send an email to firstname.lastname@example.org stating the subject "failure to deliver goods" and indicating the order number and any notes.
The Customer will be contacted within approximately XX business days for the solution to the problem or an explanation of the reasons for non-fulfillment of the order.
Article 6 – Right of withdrawal
In accordance with Art. 52 of the Italian Consumer Code, the Customer shall have a period of fourteen days to withdraw from the contract without giving reasons and without incurring costs other than those provided for by Art. 56, paragraph 2, and Art. 57.
The withdrawal period mentioned above ends after fourteen days starting from the day when the Customer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
1) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
2) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece.
Before the expiry of the withdrawal period, the Customer shall inform Biciclettaio Matto of his decision to withdraw from the contract.
For this purpose, the Customer may:
a) use the model withdrawal form as set out in Annex I, part B; or
b) make any other unequivocal statement setting out his decision to withdraw from the contract.
The burden of proof exercising the right of withdrawal falls upon the Customer. In the case of withdrawal, Biciclettaio Matto will refund all payments received from the consumer, including where applicable, the costs of delivery, without delay and in any event within 14 days from the day on which he was informed of the Customer's decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the initial transaction unless the Customer has expressly agreed otherwise and provided that they do not incur any fees as a result of the reimbursement. Any clause providing for limitations on the refund to the Customer as a result of exercising the right of withdrawal shall be null or void.
Unless Biciclettaio Matto has offered to collect the goods himself, may withhold the reimbursement until he has received the goods back, or until the Customer has supplied evidence of having returned the goods, whichever situation is the earliest. Unless Biciclettaio Matto has offered to collect the goods himself, the Customer must return the goods without undue delay and in any event within fourteen days from the date on which he has communicated his decision to withdraw from the contract. The deadline is met if the Customer returns the goods before the expiration of the period of fourteen days. The Customer must support only the direct cost of returning the goods.
The Customer shall only be liable for any diminished value of the goods resulting from their handling other than what is necessary to establish the nature, characteristics and functioning of the same goods. The right of withdrawal does not apply in the case of the supply of made-to-measure or visibly customised goods.
ARTICLE 7 - Legal guarantee of conformity
All products purchased through the online store are covered by a Legal Guarantee of Conformity provided for in Articles 128 and following of the Italian Consumer Code which shall be borne by the seller.
The conformity of the goods shall be presumed if: a) the goods are fit for the intended use; b) correspond to the description given by the seller and the qualities that he has presented; c) have the normal quality and performance of goods of the same type, or at least those that the consumer can expect, given the nature of the goods and of the public statements made about them by the seller and the producer, particularly in advertising or on labelling; d) they are fit for the particular purpose intended by the consumers and which he made known to the seller (Art. 129 of the Italian Consumer Code).
The existence of a non-conformity is also excluded if the Customer was aware of it at the time of purchase or could not ignore it with ordinary diligence or if the defect results from instructions or materials provided by the consumer. The seller shall be liable in accordance with the law of the lack of conformity existing at the time of delivery of the goods and has available the remedies provided by the Italian Consumer Code. In particular, Art. 130 of the Italian Consumer Code provides that:
"3. The Customer has the faculty to request the Seller to repair or replace the goods, at no charge in both cases, unless the remedy requested is impossible or disproportionate to the other.
4. For the purposes referred to in paragraph 3 it shall be considered overly burdensome one of two remedies if it imposes the unreasonable costs on the seller in comparison to the other, taking into account: a) the value the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; c) whether the alternative remedy could be completed without significant inconvenience to the consumer.
5. Any repairs or replacements must be made within a reasonable time from the request and must not cause any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer has purchased the goods.
6. The costs referred to in paragraphs 2 and 3 refer to the necessary costs to bring the goods into conformity, particularly with regard to the expenditure incurred for shipping, for labour and materials.
7. The consumer may, at his option, require an appropriate reduction of the price or termination of the contract in any of the following circumstances: a) repair and replacement are impossible or excessively expensive; b) the seller has failed to repair or replace the goods within a reasonable period of time referred to in paragraph 5; c) replacement or repair previously made caused significant inconvenience to the consumer.
8. In determining the amount of the reduction or the sum to be repaid the use of the goods shall be taken into account.
9. After the notification of the lack of conformity, the seller may offer the consumer any other remedy available, with the following effects: a) if the consumer has already requested a specific remedy, the seller is obliged to implement it, with the necessary repercussions regarding the relative terms referred to in paragraph 5, subject to acceptance by the consumer of the alternative remedy proposed; b) if the consumer has not already requested a specific remedy, the consumer must accept or reject the offer by choosing another remedy under this article.
10. A minor lack of conformity where a remedy was not possible or excessively costly to repair or replace, does not give right to terminate the contract.
To enforce the legal guarantee of conformity, the Customer must return the product and documentation that proves the purchase directly to Biciclettaio Matto whose staff will provide the necessary assistance in connection with the case. The Seller may use specialised technical assistance centres for the repairs on products sold or for the assessment of the conditions for their replacement under guarantee, on the understanding that, as a seller, he remains directly responsible for the provision of the legal guarantee.
ARTICLE 8 - Liability
Biciclettaio Matto assumes no responsibility for disruption due to force majeure or unforeseeable circumstances, even where caused by malfunctions or disruptions to internet services, in the event of failure to complete the order within the expected time period of the agreement.
Biciclettaio Matto is not liable for the actions of the courier delivering the goods in case of delay in delivery or damage thereof.
ARTICLE 9 - Supply and processing of personal data
Biciclettaio Matto undertakes to collect personal data with the sole purpose of registering the customer and providing him with the procedures the for execution of the order; the data will be processed in compliance with the relevant legislation in force. The Customer gives his consent to the processing of personal data for the fulfilment of the order and to receive newsletters.
ARTICLE 10 - Applicable law and jurisdiction
This contract shall be governed by Italian Law.
Any dispute, concerning the validity, interpretation or execution of the contract will be mandatorily referred to the jurisdiction of the Courts of the Customer's place of residence or domicile if he is the consumer and if located within the State.
Otherwise, it will be exclusively the competence of the Court of Brescia.
ARTICLE 11 - Amendments
The General Terms and Conditions contained in this document may be modified by Biciclettaio Matto without notice and will be valid from the date of publication on the website www.biciclettaiomatto.it.
ARTICLE 12 - Complaints
Any complaint must be addressed to Biciclettaio Matto of Bresciani Mauro with registered office in 25015 Desenzano del Garda (BS) Viale Motta, 155.