Reset Done
×

General conditions of Sale

Foreword

This information is provided for the "https://www.bikenos.com"(Site) owned by Bikenos FZ, based 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° (art. 45 et seq.) of Legislative Decree September 6, 2005, no. 206(Consumer Code) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.

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

1.3 The General Conditions of Sale may be modified 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 invited to regularly access the Site 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 General 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. You should check their terms and conditions of sale before conducting business transactions with such parties. 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. The Seller is therefore 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 General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.

1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchases on the Site

  • may be made upon registration on the Site
  • is permitted both to users who hold the quality of consumers and to users who hold the quality of professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, it is recalled that the quality of consumer is the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the quality of professional is 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, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.3 Seller reserves the right to reject or cancel orders that come:

  • from a user with whom the Seller has an ongoing legal dispute
  • from a user who has previously violated the General Conditions of Sale
  • from 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. Registration to the Site

3.1 To register to the Site You must fill out the appropriate form, entering the following data:

  • first name
  • last name
  • email
  • password
  • Date of birth
  • Gender
  • .

3.2 You agree to inform Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site login credentials.

3.3 The user registered to the Site warrants that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified from any damage, compensatory obligation and/or penalty arising from and/or in any way related to the violation by the user of the rules on registration to the Site or 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 April 9, 2003, No. 70 laying down provisions on electronic commerce, the Seller informs you that:

  • in order to conclude a purchase contract on the Site, you must complete an order form in electronic format and transmit 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 Seller's server
  • once the order form has been received, the Seller will send you an order confirmation containing
    • information regarding the characteristics of the purchase
    • an indication of the price
    • an indication of the means of payment used
    • an indication of the delivery costs
    • an indication of the delivery costs and any additional costs.

Art. 5. Availability of the 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 There is information within the Site regarding the availability of each Product.

5.3 You will be informed in the event that the Product ordered is unavailable. In this case you will be entitled to terminate the purchase contract in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, You may accept:

  • if reassortment is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term.

5.5 If you request a refund of the amount 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 paragraphs, 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 taken place, the Seller will make the refund of the Total Amount Due in accordance with the provisions of the article "Payment Method" below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page explaining its main features(Information Sheet). The images and descriptions on the Site reproduce as faithfully 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 must therefore be understood as indicative and with the tolerances of use.

Art. 7. Prices

7.1 All prices of Products published 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, it being understood that the price charged to you shall be the price indicated on the Site at the time the order is placed and that no account shall be taken of any changes (upward or downward) subsequent to the transmission of the same.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before you proceed to the transmission of the same.

7.4 The use of discount 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
  • In no case discount codes entitle to change in the case of purchases of a lower amount
  • Any products for which it will not be possible to use the discount codes will be duly reported on the Site
  • In no case can discount coupons be converted into money.

Art. 8. Purchase Orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or upon credit of the Total Amount Due. Ownership of the Products will be transferred to you at the time of 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 chosen by You will be performed only upon payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after 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 your failure to pay the Total Amount Due. Unless otherwise agreed with You in writing, 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 General Terms and Conditions of Sale will result in the inability to make purchases on 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 following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • PostePay

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

The debit 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 the debit authorization.

Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying 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 transiting 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.

You will be charged when your order is transmitted.

9.3 You can also make purchases on the Site using the PayPal payment solution. If you choose PayPal as your means of payment, you will be redirected to www.paypal.it where you will make your payment in accordance with 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. The Seller is therefore not able to know and does not store in any way the data of the payment card connected 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 will be charged to you 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 type of refund to be made under these Terms and Conditions of Sale shall 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 you place your order, Products will be delivered in accordance with the timescales set out on the Shipping and Returns page which can be found at the bottom of the page between the various useful links.

10.3 It is up to you 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 on which 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: your name/name, address and, if available, telephone number and e-mail address) by email to the following address: info@bikenos.com

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. Effect of Withdrawal If you withdraw from this contract, you will be refunded all payments you have made to us, including delivery costs (except for any additional costs arising from your 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 only liable for any diminution 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 practice please send your 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 is on you, it is in your best interest to make use 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 indicated at the epigraph to these General Terms and Conditions of Sale.

11.5 The direct costs of returning the Products are your responsibility as well as the responsibility for the transportation of the Products.

11.6 If You withdraw from the contract, the 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 on which the 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, if any, 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 and/or does not conform to what was originally shipped, the Seller reserves the right to deduct from the amount of the refund an amount equal to such decrease in value. Of the circumstance and the resulting decreased 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 the payment of the amount owed by you due to the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user 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 in proportion 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 Guarantee).

To whom it applies

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

When it applies

The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years of 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 on which it was discovered.

Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the Product shall be presumed to have existed on that date, unless such assumption 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.

Therefore, in order to take advantage of the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the good. It is advisable, therefore, that the consumer, for the purpose of such proof, keep the purchase invoice or any other document that can attest to the date of making the purchase (for example, the payment card statement) and the date of delivery.

In case of termination of the contract, the Seller will refund 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 shall 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 have made the purchase as a "professional" within the meaning of the provisions of the Consumer Code, the preceding paragraphs of this article shall 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 such a 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.

Art. 14. Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution - 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 competent court shall be the court where the Seller has its headquarters in accordance with 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 or she has submitted a complaint directly to the Seller, as a result of which it has nevertheless 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 Terms and Conditions of Sale (ADR bodies, as referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he or she 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 (c.d. ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

14.5 The consumer user's right to bring the dispute arising from these General Terms 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 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 may request information, send communications, request assistance or file complaints by contacting Seller by the following means:

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

The Seller will respond to complaints submitted within 3 days of their receipt.

Article 16. Invoice Issuance

If the customer wishes to receive an invoice with Tax Code or VAT Number, he must expressly request it at the time of the order. Any request made later will not be accepted.

Art. 17. Sending review request following the completion of the order

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