General conditions of Sale

Preamble

This information is provided for the website "https://www.bikenos.com" (Site) owned by Bikenos FZ, located at via vincenzo rossi 43 Pesaro PU 61122 IT, with VAT number 02754020416, 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 (Arts. 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 provisions on electronic commerce.

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

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most updated 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 force at the date of submission of the purchase order.

1.5 These General 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 hyperlinks. Before engaging in commercial transactions with such parties, it is necessary to verify their sales conditions. The Seller is not responsible for the provision of services and/or sale of products by such parties. On websites accessible through such links, the Seller performs no control and/or monitoring. The Seller is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them.

1.6 You are required to carefully read 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 Submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchases on the Site

• may occur after registration on the Site
• are permitted both to users who qualify as consumers and to users who qualify as professionals. Pursuant to Art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that qualifies as a consumer any natural person acting for purposes unrelated to their entrepreneurial, commercial, professional, or craft business activity; while pursuant to Art. 3, paragraph I, letter c) of the Consumer Code, qualifies as a professional any natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity, or their intermediary.

2.2 In case of orders, from any source, that appear anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.

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

• a user with whom the Seller has ongoing legal disputes
• a user who has previously violated the General Terms and Conditions of Sale
• a user who has provided false, incomplete, or inaccurate identifying data or who has not promptly sent to the Seller the requested documents or who has sent invalid documents

Art. 3. Site Registration

3.1 To register on 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 immediately inform the Seller if you suspect or become aware of any unauthorized use or disclosure of your Site login credentials.

3.3 The user registered on the Site guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless from any damage, compensation obligation and/or penalty resulting from and/or in any way connected to the user's violation of the Site registration rules or the preservation of registration credentials and/or the provision of false, incomplete, or inaccurate personal data, without prejudice to the Seller's right to disable the user's account.

Art. 4. Information for Contract Conclusion

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

• to conclude a purchase contract on the Site, you will need to 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 is received, the Seller will send to the email address indicated the order confirmation containing:
  • information regarding the purchase characteristics
  • price indication
  • indication of the payment method used
  • indication of delivery charges
  • indication of delivery charges and any additional costs.

Art. 5. Product Availability

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

5.2 The Site contains information regarding the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of what is provided for in Art. 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

• if restocking is possible, a postponement of delivery terms, offered by the Seller, with indication of the new delivery term.

5.5 When requesting a refund of what was paid for the purchase of Products that subsequently turned out to be unavailable, the Seller will process the refund within a maximum period of 3 days.

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

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page describing its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, Product colors may differ from the real ones due to computer system settings or the devices you use to view them. The Product images in the Information Sheet may also differ in size or in relation to any accessory products. These images should therefore be considered as indicative and with usage tolerances.

Art. 7. Prices

7.1 All Product prices published on the Site are to be understood as including VAT, the applied VAT percentage varies according to the destination country of the sale (e.g. for sales in Italy the included VAT is 22%, for sales in Germany the included VAT is 19%, etc.). For sales to non-private subjects the percentage may vary due to possible application of reverse charge. In case the destination country has no applicable VAT, the sale price is to be understood as excluding VAT.

7.2 The Seller reserves the right to modify Product prices at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that any subsequent variations (increase or decrease) will not be taken into account.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with its transmission.

7.4 The use of discount coupons is regulated on the site based on the following principles:

• If the discount code value is lower than the order value, the remaining amount can be completed according to the payment methods provided on the site
• In no case do discount codes entitle to change in case of purchases of lower amount
• Any products for which discount codes cannot be used will be duly indicated on the Site
• In no case can discount coupons be converted into cash.

Art. 8. Purchase Orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or the actual crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for causes not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and different from the carrier, physically take possession of the Products.

The Service you have chosen will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is found that you have not paid in whole or in part the Total Amount Due.

8.2 The purchase contract is subject to the condition subsequent of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

8.3 To send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, by selecting the appropriate box present in the purchase process pages. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.

Art. 9. Payment Methods

9.1 The following payment methods are accepted 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 charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the issuing company of the payment card you used has released the authorization to charge.

In application of Directive 2015/2366/(EU) on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase procedure by satisfying the authentication criteria required by the payment institution in charge of managing the online payment operation. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossibility to finalize the purchase on the Site.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the Seller's servers. The Seller therefore never has access and does not store, even in case you choose to store this data on the Site, the data of your payment card used to pay for the Products.

The charge will be made at the time of order submission.

9.3 On the Site it is also possible to make purchases through the PayPal payment solution. If you choose PayPal as payment method, you will be redirected to the www.paypal.com website where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by it and will not be transmitted or shared with the Seller. The Seller is therefore unable 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 to that account.

In case of payment via 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 refund, for any reason, the amount of the refund due to you will be credited to the same PayPal account. The crediting times on the payment instrument connected to that account depend exclusively on PayPal and the banking system. Once the credit order in favor of that account has been issued, the Seller cannot be held responsible for any delays or omissions in the crediting of the refund amount, to contest which you will have to contact PayPal directly. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be credited to your PayPal account.

Art. 10. Product Delivery

10.1 Deliveries of purchased Products are made:

throughout Europe.

The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.

10.2 Starting from the order submission date, the Products will be delivered according to the times indicated in the Shipping and Returns page available 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 to the Product, for causes not attributable to the Seller is transferred when you, or a third party designated by you and different from the carrier, physically take 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 closing materials and invites you, in your interest, to indicate on the carrier's transport document any anomalies, accepting the package with reservation. In case the packaging shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. The application of the rules on the right of withdrawal (where applicable for the Product) and legal conformity warranty remains in any case.

Art. 11. Right of Withdrawal

• Return methods: It is the customer's exclusive responsibility to arrange for the shipment of the product to Bikenos FZ, via vincenzo rossi 43, Pesaro PU 61122 Italy. Please note that our company does not provide prepaid return labels.
• Financial charges: The charges related to the return shipment are entirely at the buyer's expense, who also assumes all responsibility related to transport.
• Delivery terms: The goods subject to return must reach our warehouse within 14 calendar days from the date of withdrawal communication. After this period, the return will not be accepted.
• Integrity requirements: The product must be returned in perfect condition, complete with all original components, accessories and primary packaging. Any deterioration will result in a proportional reduction of the refundable amount.
• Mandatory documentation: The return form duly completed in all its parts (downloadable from the link here) must be inserted inside the package. The absence of this documentation will make it impossible to identify the order and, consequently, to process the refund.
• Liability exclusions: Bikenos FZ disclaims any responsibility in case of lost or incorrectly addressed shipments. If the item shows signs of use, damage or tampering, the company reserves the right to reject the return and not proceed with the refund.
• Refund procedure: Following verification of the returned product's compliance, Bikenos FZ will proceed with the refund exclusively of the amount corresponding to the value of the goods, excluding shipping costs. The refund processing may take up to 14 working days from the date of receipt (average 5 days).
• Credit methods: The refund will be made using the same payment method used for the original purchase. Please note that the actual crediting times are subject to the procedures of the reference financial institution.

Art. 12. Legal Warranty

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

Who it applies to

The Legal Warranty is reserved for consumers. It therefore applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.

When it applies

The Seller is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years from 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, it is presumed that defects of conformity which become apparent within six months from delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will instead be the consumer's burden to prove that the lack of conformity already existed at the time of delivery.

To benefit from the Legal Warranty, the consumer must therefore first provide proof of the purchase date and delivery of the goods. It is therefore advisable that the consumer, for the purpose of such proof, keeps the purchase invoice or any other document that can attest the purchase date (for example the payment card statement) and the delivery date.

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

The Seller is not responsible in case of damages, of any nature, resulting from the use of the Product in an improper and/or non-compliant manner with the manufacturer's instructions as well as in case of damages resulting from fortuitous event or force majeure.

If you have made the purchase as a "professional" within the meaning of the Consumer Code, the previous paragraphs of this article do not apply. The legal warranty provided for by Art. 1490 of the Italian Civil Code will apply to your purchase on the Site.

Art. 13. Manufacturer's Conventional Warranty

13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, extent, including territorial, conditions and methods of enjoyment, 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 prejudice nor exclude the Legal Warranty.

Art. 14. Applicable Law and Competent Court; Out-of-Court Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution

14.1 Purchase contracts concluded through the Site are governed by Italian law. 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 where they have their habitual residence is reserved.

14.2 It is recalled that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the competent court is that of the place where the user resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the competent court is instead that where the Seller is based pursuant to what is provided for in Article 1 above.

14.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code, that, in case he has submitted a complaint directly to the Seller, following which it has not however been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies, as indicated in Arts. 141-bis et seq. Consumer Code), specifying whether it intends or not to use such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who holds the status of consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted 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 each of their websites and initiate an online dispute resolution procedure in which he is involved.

14.5 The right of the consumer user to appeal to the competent ordinary court for the dispute arising from these General Terms and Conditions of Sale is in any case reserved, whatever the outcome of the out-of-court dispute resolution procedure regarding consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.6 The user residing in a Member State of the European Union other than Italy may, in addition, access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, expenses and disbursements, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Art. 15. Customer Service and Complaints

You can request information, send communications, request assistance or submit complaints by contacting the Seller through the following methods:

• by email, at the following address: [email protected]

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

Art. 16. Invoice Issuance

If the customer wishes to receive an invoice with Tax Code or VAT number, they must expressly request it at the time of order. Any request made subsequently 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 purchase experience following order delivery. This will be automatically transmitted to the review portal which will use the email only for the indicated purpose.