Terms and Conditions
General Terms and Conditions of Direct Sales to Consumers
1. Definitions These Conditions regulate the purchase of Products and Services directly between Cicli Corsa Srl and the Customer, defined as the individual who purchases or commits to purchasing Products and/or Services for purposes unrelated to entrepreneurial or professional activities through the online store of Cicli Corsa (ciclicorsa.com). Cicli Corsa Srl assumes no responsibility for losses or damages arising from entrepreneurial, commercial, or professional activities conducted by the Customer or third parties using the purchased Products/Services.
2. Scope of Application These Conditions apply to all sales contracts of Products and/or provision of Services by Cicli Corsa Srl to Customers. They exclude the application of other conditions unless otherwise agreed in writing with Cicli Corsa Srl. All orders are considered purchase offers governed by these Conditions. Cicli Corsa Srl accepts the purchase offer by issuing an Order Confirmation, binding if not contested within 7 days.
3. Quotations/Modifications Quotations from Cicli Corsa Srl are valid for 10 days from the indicated date unless otherwise specified. Cicli Corsa Srl reserves the right to modify the features of Products/Services while ensuring equivalent functionality and requiring the Customer’s written acceptance.
4. Price and Payment The price indicated in the Order Confirmation and on the invoice must be paid in full before delivery/execution of the contract. Cicli Corsa Srl suspends delivery/execution until full payment is received. All prices include VAT.
5. Delivery The delivery date is indicative. Cicli Corsa Srl will inform the Customer in case of Product/Service unavailability within 30 days from the day following the order, providing a refund if requested. Upon receiving the package, the customer is required to verify that the number of parcels delivered by the courier matches the one indicated by the courier and that the packaging is intact with Cicli Corsa Srl tape. If the packaging is damaged or sealed with adhesive tapes different from those of Cicli Corsa Srl, the customer must accept the package ‘WITH RESERVE,’ informing both the courier and Cicli Corsa Srl’s customer service. In case of acceptance without reservations, it will not be possible to lodge a complaint with the shipping service for inspection and eventual reimbursement/replacement of damaged or missing products due to theft. No liability can be attributed to the Seller for delayed or failed delivery attributable to force majeure or unforeseeable interruptions.
6. Ownership and Risk Ownership of the Products passes to the Customer upon full payment. Cicli Corsa Srl may reclaim the Products in case of Customer’s breach of the Conditions before transfer of ownership. The risk passes to the Customer upon delivery.
7. Right of Withdrawal The Customer may exercise the right of withdrawal within 10 working days from the execution of the contract, by notifying Cicli Corsa Srl via email. The Customer loses the right of withdrawal if they begin to use the product, rendering it unsuitable for sale. Products must be returned in good condition and in the original packaging within 30 days of the withdrawal notification. Cicli Corsa Srl will provide a refund within 30 days, deducting return costs and damages indemnity.
8. Privacy and Data Protection Personal data will be processed in accordance with applicable law and Cicli Corsa Srl’s Privacy Policy. Data may be shared with companies within the Cicli Corsa Srl group or agents performing the Services, ensuring the protection of personal data.
9. Export Control The Product is subject to export regulations. The Customer agrees to comply with such regulations and not to sell, lease, or transfer the Product to countries, end users, or uses subject to restrictions.
10. Claims regarding Intellectual Property Cicli Corsa Srl retains Intellectual Property rights over the Products/Services. The Customer must notify any infringement or unauthorized use, and Cicli Corsa Srl undertakes to reimburse the costs arising from claims regarding Intellectual Property rights.
11. Manufacturer’s Commercial Warranty The commercial warranty offered by the manufacturer is additional and does not affect the Customer’s legal warranty of conformity of 2 years. Cicli Corsa Srl guarantees that the Products conform to the Product Description and are free from material defects for one year from delivery. The Customer is entitled to repairs or replacements based on the purchased Service Description. Repair and replacement obligations are subject to the ordinary use of the Products. Cicli Corsa Srl will not repair or replace defective Products if the defect is outside the warranty period or caused by improper use. Cicli Corsa Srl owns the Products/components replaced during the warranty. The Customer must return the replaced components at their own expense, except for defects.
12. Services Cicli Corsa Srl guarantees that the Services will conform to the Service Description and be performed with skill during the applicable period. Cicli Corsa Srl will repair and replace the Product in accordance with Article 11 of these Conditions and with the purchased Service Description.
13. Assignment and Subcontracting The contract is personal and cannot be assigned without written authorization from Cicli Corsa Srl. However, Cicli Corsa Srl has the right to assign the contract for commercial reasons, ensuring the same reliability.
14. Limitation of Liability of Cicli Corsa Srl Cicli Corsa Srl accepts responsibility for direct losses resulting from the non-fulfillment of its obligations under the Conditions, except in cases where the losses are not reasonably foreseeable or are caused by improper use of the Product.
15. Circumstances Beyond the Control of Cicli Corsa Srl Cicli Corsa Srl is not responsible for delays or failures caused by events beyond its control, such as strikes, natural disasters, or unforeseeable interruptions by suppliers.
16. Applicable Law and Jurisdiction The Conditions are governed by Italian law, and any dispute will be under the exclusive jurisdiction of the Court of Bergamo, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17. Basic Documentation of these Conditions Descriptions of Products, Services, and the Privacy Policy are available on ciclicorsa.com.
18. Unavailable Consumer Protection Rules Consumer protection rules that cannot be modified by these Conditions, including section 50 of Legislative Decree no. 206 of 2005 (Consumer Code).
