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General conditions of Sale

Foreword

This information is provided for the "https://www.bikenos.com" (Website) owned by Bikenos FZ, headquartered in via vincenzo rossi 43 pesaro PU 61122 IT, with VAT No. 02754020416, with tax code ZGRFNC99S17G479L (Seller).

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (Articles 45 et seq.) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and by Legislative Decree No. 70 of April 9, 2003, containing regulations on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as business days, thus excluding Saturdays, Sundays, and national holidays.

1.3 The General Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

1.5 These Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. Before transacting business with such parties, you should check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. On the websites that can be consulted through such links, the Seller does not perform any control and/or monitoring. Therefore, the Seller is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

1.6 You are responsible for carefully reading these Terms and Conditions as well as all other information that the Seller provides on the Site, including during the purchase process.

1.7 Submission of a purchase order constitutes acceptance of these Terms and Conditions.

Art. 2. Purchases on the Site

2.1 Purchasing on the Site

  • can take place upon registration at the Site
  • Is allowed both to users who hold the quality of consumers and users who hold the quality of professionals. Pursuant to Article 3, Paragraph I, lett. a) of the Consumer Code, it is recalled that the quality of consumer is held by the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity, if any, carried out; while pursuant to Article 3, Paragraph I, lett. c) of the Consumer Code, the quality of professional is held by the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.

2.2 In the case of orders, from whomever they come from, which are found to be abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to have the irregularities ceased.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

  • by a user with whom the Seller has ongoing legal disputes
  • by a user who has previously violated the General Conditions of Sale
  • by a user who has issued false, incomplete or otherwise inaccurate identification data or who has not sent to the Seller, in a timely manner, the documents requested by it or who has sent it invalid documents

Art. 3. Site Registration

3.1 To register for the Site You must fill out the appropriate form, entering the following information:

  • name
  • surname
  • email
  • password
  • Date of birth
  • Sex
  • .

3.2 You agree to notify the Vendor immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

3.3 The registered user of the Site warrants that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified against any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user's account.

Art. 4. Information directed to the conclusion of the contract

4.1 In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, Seller informs you that:

  • to conclude a purchase contract on the Site, you must complete an order form in electronic format and submit it to the Seller, electronically, following the instructions that will appear from time to time on the Site
  • the contract is concluded when the order form reaches the server of the Seller
  • upon receipt of the order form, the Seller will send you an order confirmation containing:
    • the information related to the characteristics of the purchase
    • the indication of the price
    • an indication of the means of payment used
    • an indication of delivery charges
    • an indication of delivery charges and any additional costs.

Art. 5. Availability of Products

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 Within the Site is information regarding the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product. In this hypothesis You will be entitled to terminate the purchase contract in accordance with and to the effects of the provisions of Article 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

  • where reassortment is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period.

5.5 If a refund is requested for what was paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 3 days.

5.6 In the event that you make use of the right of termination under Article 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will make a refund of the Total Amount Due in accordance with the provisions of the "Payment Method" article below.

Art. 6. Information sheet

6.1 Each product is accompanied by an information page outlining its main features (Information sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. The Product images in the Information Sheet, moreover, may differ in size or in relation to any ancillary products. Such images should therefore be understood as indicative and within the tolerances of use.

Art. 7. Prices

7.1 All prices of Products posted on the Site are inclusive of VAT, the percentage of VAT applied varies depending on the country of destination of the sale.

7.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, provided that the price charged to you shall be the price shown on the Site at the time the order is placed and that no account shall be taken of any change (upward or downward) after the order has been transmitted.

7.3 Shipping charges, if any, are expressly and separately stated in the order form before the user proceeds to the transmission of the order form.

7.4 The use of coupons is regulated on the site according to the following principles:

  • If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the site
  • Under no circumstances are discount codes entitled to change in the case of purchases of a smaller amount
  • Any products for which discount codes cannot be used will be duly noted on the Site
  • Under no circumstances can coupons be converted into cash.

Art. 8. Purchase orders

8.1 Seller will ship the Products only after receiving confirmation of payment authorization or upon crediting of the Total Amount Due. Title to the Products will transfer to you upon shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

The Service you choose will be performed only upon payment of the Total Amount Due. The Vendor reserves the right not to provide the Service if, subsequent to the submission of Your purchase order, it is determined that You have not paid all or part of the Total Amount Due.

8.2 The purchase contract is terminably conditioned upon non-payment of the Total Amount Due. Unless otherwise agreed to in writing with you, the order will be cancelled accordingly.

8.3 In order to submit a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these Terms and Conditions will result in your inability to make purchases from the Site.

Art. 9. Methods of payment

9.1 The following payment methods are allowed on the Site:

  • Payment card
  • PayPal.

9.2 The Seller accepts credit cards from the circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • PostePay

They are, in each case, indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued authorization for the charge.

In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered to the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may mean that it is impossible to finalize the purchase on the Site.

Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

The charge will be made when the order is transmitted.

9.3 You can also make purchases on the Site using the PayPal payment solution. Should you choose PayPal as the means of payment, you will be redirected to the site www.paypal.it where it will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with such account.

In the case of payment by PayPal, the Total Amount Due to You will be debited by PayPal at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to You will be credited to the PayPal account of the same. The timing of crediting to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the crediting order has been arranged in favor of such account, Seller shall not be liable for any delay or omission in crediting the refund amount, to dispute which you should contact PayPal directly. Any refunds to be made under these Terms and Conditions will be credited to your PayPal account.

Art. 10. Delivery of Products

10.1 Deliveries of purchased Products are made:

throughout Europe.

The delivery obligation is fulfilled by the transfer to you of the material availability or otherwise control of the Product.

10.2 From the date the order is placed, the Products will be delivered according to the timelines indicated on the Shipping and Returns page that can be found at the bottom of the page among the various useful links.

10.3 It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is appropriate to give prompt notice to Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.

Art. 11. Right of withdrawal

You have the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day you or a third party, other than the carrier designated by you, acquires physical possession of the last good. To exercise your right of withdrawal, you must inform us (Insert: the seller's name/name, address and, if available, telephone number and e-mail address) of your decision to withdraw from this contract by an express statement, such as a letter sent by mail, fax or e-mail. To comply with the withdrawal period, it is sufficient for you to send the notice regarding the exercise of the right of withdrawal before the withdrawal period expires. Effects of Withdrawal If you withdraw from this contract, you will be refunded all payments you have made to us, including delivery costs (except for additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from this contract. Said refunds will be made using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a consequence of such refund. Refunds may be suspended until you have received the goods or until you have demonstrated that you have returned the goods, whichever is earlier. You are requested to return the goods or deliver them to us at [qui inserire: la denominazione e l'indirizzo del venditore per i resi], without undue delay and in any event within 14 days from the day you notify us of your withdrawal from this contract. The deadline is met if you return the goods before the expiration of the 14-day period. [Choose from: or . You are responsible only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and operation of the goods."

To initiate the return file, send the request to the following address: info@bikenos.com

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with you, it is in your best interest to avail yourself of a durable medium when notifying the Seller of your withdrawal.

11.4 If you exercise your right of withdrawal, you must deliver the Product to the registered office listed in the epigraph to these Terms and Conditions.

11.5 You are responsible for the direct costs of returning the Products as well as the responsibility for transporting them.

11.6 If you withdraw from the contract, Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until you have received the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.7 You shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. In any event, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. Of the circumstance and the resulting diminished refund amount, the Seller will notify you from the receipt of the Product, providing, if the refund has already been paid, the bank details for payment of the amount owed by you due to the diminished value of the Product.

11.9 In the event that the withdrawal is not exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify you from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must be done at your expense and under your responsibility.

11.10 In the case of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to you will be quantified proportionally to the value of the Product being withdrawn. Therefore, if, for example, You have placed a total order of 200.00 Euros, in which two Products are included, the first of the value of 50.00 Euros and the second of the value of 150.00 Euros, and You return the Product of the value of 150.00 Euros, You will be reimbursed an amount equal to 75% of the delivery costs incurred. In any event, the amount of delivery charges to be returned shall never exceed the amount actually paid.

Art. 12. Legal Warranty

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty).

To whom does it apply

The Legal Warranty is reserved for consumers. It, therefore, finds application, only to users who have made the purchase on the Site for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, if any.

When applying

The Seller shall be liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years after such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

Unless proven otherwise, defects of conformity arising within six months after delivery of the Product shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. From the seventh month after delivery of the Product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the Product was delivered.

In order to take advantage of the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the consumer, for the purpose of such proof, retain the purchase invoice or any other document that can attest to the date the purchase was made (e.g., payment card statement) and the date of delivery.

In case of termination of the contract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

If you made the purchase as a "professional" within the meaning of the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. The legal warranty provided for in Article 1490 will apply to your purchase on the Site c.c.

Article 13. Conventional manufacturer's warranty

13.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You may enforce this warranty only against the manufacturer. The duration, extent, including territorial extent, terms and conditions, types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit or impair or exclude the Legal Warranty.

Article 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

14.1 Purchase contracts concluded through the Site are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the Court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, on the other hand, the Court where the Seller has its registered office shall have jurisdiction pursuant to the provisions of Article 1 above.

14.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to the Seller, as a result of which, however, it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes has been established (c.d. oDR platform). The ODR platform can be found at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.

14.5 The consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, are in any event unaffected.

14.6 The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

Art. 15. Customer service and complaints

You can request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:

  • by email, to the following address: info@bikenos.com . .

The Seller will respond to complaints submitted within 3 days after receiving them.

Art. 16. Issuance of invoice

Should the customer wish to receive an invoice with a Tax Code or VAT Number, he/she must expressly request this when placing the order. Any request made later will not be accepted.

Art. 17. Sending review request following order completion

The customer authorizes the use of their email to receive a review request regarding the shopping experience following the delivery of their order. This will be automatically forwarded to the review portal, which will use the email only for the indicated purpose.