General Conditions of Direct Consumer Sales (Applied to all sales that take place via the internet or telephone)
These general terms and conditions of direct consumer sales, (hereinafter the “Conditions”), regulate the purchase of products and services that takes place directly between Cicli Corsa srl and the individual who purchases or undertakes to purchase from Cicli Corsa srl products and / or services for purposes unrelated to any business or professional activity carried out (hereinafter the “Customer”) through the Cicli Corsa online store (ciclicorsa.com).
Cicli Corsa srl accepts no responsibility for any loss or damage occurring in relation to any business, trade or profession conducted by the Customer or by any other person using the Product / service purchased pursuant to the following Conditions.
“Order Confirmation” means the written acceptance of the Customer’s order by Cicli Corsa srl;
“Cicli Corsa srl” means Cicli Corsa srl, a company incorporated under Italian law, with registered office in Via Privata Lorenzi 16, 24126 Bergamo BG;
“Description” means the Products and / or Services offered by Cicli Corsa srl as described on the ciclicorsa.com website;
“Products” means the Products listed on the ciclicorsa.com site that Cicli Corsa srl agrees to sell to the Customer in accordance with these Conditions;
“Intellectual Property” means any patent, registered or unregistered trademark, registered and unregistered service mark, rights on databases, registered and unregistered designs and applications as listed above, copyright, know-how, firm, domain names, moral rights and any other similar rights protected in any country;
“Third Party Products” means any Product and / or Service that is not licensed by Cicli Corsa srl;
“Services” means the services listed on the ciclicorsa.com website that Cicli Corsa srl agrees to sell to the Customer in accordance with these Conditions;
The rights of the Customer contained in these Conditions are additional to all the rights and remedies granted by the applicable consumer protection regulations.
- Scope of application
- These Conditions apply to all contracts for the sale of Products and / or the provision of Services by Cicli Corsa srl to Customers, as defined above.
- These Conditions exclude the application of other conditions, unless otherwise agreed in writing with Cicli Corsa srl.
- All orders for Products and / or Services will be considered as offers to purchase such Products and / or Services by the Customer governed by these Conditions.
- Cicli Corsa srl will accept the Customer’s purchase offer pursuant to these Conditions by issuing an Order Confirmation to the Customer. The Customer must check the Order Confirmation and promptly contact Cicli Corsa srl if it detects errors or discrepancies with the purchase offer. Otherwise, Cicli Corsa srl will deliver the Product to the Customer on the basis of the Order Confirmation, which will therefore be binding.
- Estimates / Changes
- The estimates of Cicli Corsa srl are valid only if in writing and for a period of 10 calendar days from the date of the estimate, unless otherwise indicated in the estimate itself.
- Since the policy of Cicli Corsa srl provides for the constant improvement of Products and Services and since the Customer has the right to purchase Third Party Products, Cicli Corsa srl reserves the right to modify the characteristics of the Products and Services indicated in the Confirmation of Order, while still guaranteeing an at least equivalent level of functionality and performance. In any case, the changes will not be effective without the written acceptance of the Customer.
- Price and payment
The price to be paid by the Customer will be indicated in the Order Confirmation and on the Cicli Corsa srl invoice. Cicli Corsa srl requires that the payment of the full price be made before the delivery / execution of the contract. Cicli Corsa srl will suspend the delivery / execution of the contract until the full price is received. All prices include VAT.
- The delivery date specified in the Order Confirmation must be understood as indicative.
The place of delivery is the one indicated in the Order Confirmation. In case of non-delivery by Cicli Corsa srl - due to the unavailability of the Product or Service – within 30 calendar days starting from the day following that in which the Customer has transmitted the order, Cicli Corsa srl will inform in writing the Customer and will refund any amount already paid by the Customer, unless the latter agrees in writing to receive delivery after the aforementioned 30 calendar day deadline.
- Errors or damage concerning the packaging of the Products must be reported on the delivery note before signing it and promptly communicated to Cicli Corsa srl in writing.
- Ownership and risk
- The ownership of the Products is transferred to the Customer only with full payment of the price. In case of violation of these Conditions by the Customer, Cicli Corsa srl may regain possession of the Products at any time before the ownership of the same is transferred to the Customer. This provision does not apply to Intellectual Property.
- The risk on the Products passes to the Customer or its representatives at the time of delivery.
- Right of withdrawal
- Customers may exercise the right of withdrawal from the contract with Cicli Corsa srl within 10 working days (except Saturdays, Sundays and national holidays) from the day of the execution of the contract by Cicli Corsa srl, by communicating to Cicli Corsa srl to be made by registered letter with acknowledgment of receipt. The aforementioned communication can be sent, within the same term, also by e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. The aforementioned communication must include the Customer’s address, postcode, landline number, mobile phone number, e-mail address, where possible.
- The customer loses his right of withdrawal on the product, if he starts using them making them unsuitable for resale. The Products must be returned at the Customer’s own risk in good condition and in the original packaging. Cicli Corsa srl will reimburse the price within 30 calendar days of receipt Cicli Corsa srl in communication referred to in point 1, deducting the costs of return and compensation for damage to the Product as well as reasonable compensation for damage to or loss of Products caused by acts or omissions. of the Customers.
8. Privacy and data protection
- Export Control
Note that the Product is subject to export regulations, as well as the laws of the state in which it is delivered or used. Customer agrees to comply with these laws. In accordance with these laws, the Product may not be sold, leased or transferred to restricted countries, to restricted end users, or for restricted end uses.
- Intellectual Property Claims
- Cicli Corsa srl retains all Intellectual Property rights of the Products and Services. The Customer must immediately notify Cicli Corsa srl of any violation or unauthorized use of the Products and / or Services or of the Intellectual Property rights relating to such Products and / or Services.
- In accordance with point 3 below, Cicli Corsa srl will be responsible and will reimburse the Customer for all costs and liabilities that it may incur, deriving from any claim that may arise in the event that the use of the Products or Software could harm the intellectual property rights of third parties.
- The obligation of Cicli Corsa srl to reimburse the Customer’s losses in the circumstances referred to in point 2 above do not apply if the claims arise from:
(i) use of Third Party Products or any other third party service;
(ii) unauthorized modifications or use of Products, Services of Cicli Corsa srl;
(iii) any claim caused by the use of Products or Services of Cicli Corsa srl together with any other element not provided by Cicli Corsa srl.
- Cicli Corsa srl reserves the right to initiate disputes, negotiate and settle disputes through transactions and the Customer must provide reasonable assistance if requested by Cicli Corsa srl in the event that the dispute is directly connected to the Products and / or Services provided to the Customer.
- Manufacturer’s Commercial Warranty
- The commercial guarantee offered by the manufacturer has a different object, additional character and does not affect the legal guarantee of free conformity Cicli Corsa srl has a duration of 2 years due to the Customer.
- Cicli Corsa srl guarantees that the Products are: (i) compliant with the Product Description, (ii) free from any material defect for a period of one year from the date of delivery (Basic Service Warranty), and (iii) that Cicli Corsa srl spare parts are free of any defect for a period of ninety calendar days from the date of delivery or for the remaining applicable warranty period, if longer, of the Services or provided for by law available, among other things, a choice of Services, including, among others, repair or replacement warranties that extend for a longer period than that provided for in the Basic Service Warranty. Cicli Corsa srl will repair and replace the Products in accordance with the Service Description that the Customer purchases and with the applicable consumer protection law.
- The obligations to repair and replace the Products sold to the Customer are subject to the ordinary use of these Products. Ordinary use means domestic use, not for commercial purposes, not for research purposes, in a way that complies with the indications, features and standard services described in the Product Description. If Cicli Corsa srl repairs or replaces the Product, Cicli Corsa srl will do so within a reasonable period and with utmost care and expertise.
- Cicli Corsa srl will not repair and will not replace the defective Products if the defect is outside the relative warranty period of Cicli Corsa srl or if the defect is caused by an external cause such as deterioration of use or damage, willful or negligent or other environmental conditions not commonly found in a safe environment. Furthermore, Cicli Corsa srl will not repair or replace components of the Products that have been modified or repaired by third parties.
- The obligations to repair and replace the Products are not applicable to the related consumable components. Cicli Corsa srl will not check or repair even the parts that are not essential for the functioning of the Product, such as, for example, the aesthetic characteristics.
- Cicli Corsa srl will repair the Product using new or equivalent to new components in accordance with industry standards and practice. Products will be repaired using components that function for the remaining warranty period of the Services.
- Cicli Corsa srl is the owner of every Product and / or component that has been replaced in accordance with the guarantee obligations of Cicli Corsa srl. The Customer will be the owner of each replaced Product and / or component. Note that the Customer is required to return the removed components and / or the replaced Product to Cicli Corsa srl for restoration, analysis or for any other reason at the request of Cicli Corsa srl. The costs of returning these removed components or the replaced Product will be borne by Cicli Corsa srl where the returned components and / or the replaced Product are defective.
- Within the limits established by the applicable law and within the limits otherwise agreed, Cicli Corsa srl will not be responsible for Third Party Products, but Cicli Corsa srl will grant the Customer, within the limits that are permitted, the benefit of any guarantee given by the manufacturer or supplier of Third Party Products.
- Cicli Corsa srl warrants that the Services will: (i) comply with the respective Service Descriptions, and (ii) will be performed with utmost skill and care during the applicable service period. What is reported in this article exclusively concerns the commercial guarantee referred to in the previous article 11 and does not affect the rights of consumers in relation to the legal guarantee of conformity.
- Cicli Corsa srl will repair and replace the Product in accordance with Article 11 of these Conditions and with the applicable Description of the purchased Service. Cicli Corsa srl undertakes to respect the response times estimated in the applicable Description of the Services at all times, but the actual times may vary depending on, among other factors, the remoteness or availability of the components.
- Cicli Corsa srl Services will not guarantee Third Party Products, but Cicli Corsa srl will grant, to the extent permitted, the benefit of any guarantee given by the manufacturer or supplier of the Third Party Product.
- Cicli Corsa srl can, according to the needs, provide Services through the Internet or the telephone. Certain Optional Value Added Services may be offered using premium rate services. Cicli Corsa srl will identify each of these Services in advance and will provide such Services only in accordance with the relevant regulations and codes applicable to the provision and use of the premium rate services. Phone calls may be recorded for training purposes by the staff of Cicli Corsa srl. The Customer must offer Cicli Corsa srl, as far as reasonable, the utmost courtesy, information and collaboration to allow Cicli Corsa srl to provide Cicli Corsa srl Services. Unless otherwise stated, the telephone and postal costs incurred to contact us will be charged to the Customer except when it comes to the return of a defective or damaged Product.
- Note that depending on additional services some Service Descriptions may include specific terms and conditions of sale in addition to these Terms.
- Transfer and subcontracting
The contract stipulated in accordance with these Conditions is personal for the Customer and the latter is not allowed to assign it or transfer it to any person without the prior written authorization of Cicli Corsa srl. Cicli Corsa srl has the right to transfer the contract to any company or entity for commercial reasons, it being understood that such companies or transferees will guarantee the same reliability as Cicli Corsa srl.
- Limitation of responsibility of Cicli Corsa srl towards the Customer and other subjects
- Cicli Corsa srl will accept responsibility for any reasonably foreseeable loss that is a direct consequence of the non-fulfillment of its obligations in accordance with these Conditions.
However, Cicli Corsa srl will not be liable in the event that the causes or potential causes of the loss: are not reasonably foreseeable by both parties; and / or were known by the Customer, but not by Cicli Corsa srl prior to the occurrence of the loss; and / or arising from the non-ordinary use of the Product; and / or were reasonably foreseen and estimated by the Customer such as, for example, those caused by failure to read and / or comply with the instructions for the user / information on the Product.
- In bringing a lawsuit against Cicli Corsa srl for one of these losses, the Customer must reasonably act and take the precautions necessary to mitigate or avoid existing losses, for example, promptly inform Cicli Corsa srl as soon as it is aware of a problem.
- Within the limits established by the applicable law, the maximum liability of Cicli Corsa srl towards the Customer in accordance with or in connection with these Conditions will not exceed the total value of the Products and / or Services ordered by the Customer.
- Circumstances beyond the control of Cicli Corsa srl
Cicli Corsa srl is not responsible for any delay or non-fulfillment of its obligations in accordance with these Conditions if such delay or non-fulfillment is caused by an event of force majeure or events beyond the reasonable control of Cicli Corsa srl, such as, by way of example , but not limited to: strikes by third parties, terrorism, war, natural disasters, adverse weather, unpredictable interruption by the suppliers of Cicli Corsa srl concerning production or transport.
- Applicable law and jurisdiction
These Conditions are governed by Italian law, excluding the rules of international private law, and the Court of Bergamo will have exclusive jurisdiction. The application of the Vienna Convention on the international sale of movable property (CISG) is expressly excluded with this Agreement.
- Basic Documentation of these Terms
- Mandatory rules for consumer protection
Any mandatory provisions regarding consumer protection are not modified by these Conditions. In particular, section 50 of Legislative Decree no. 206 of 2005 (Consumer Code).