Preamble

This information is provided for the website "https://www.bikenos.com" (Site) owned by Bikenos FZ, with registered office at via vincenzo rossi 43 pesaro PU 61122 IT, VAT no. 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 (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 the discipline of 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 to be understood as working days, therefore excluding Saturdays, Sundays, and national holidays.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments 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, before making any purchase, the most updated version of the General Terms and Conditions of Sale.

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

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 who may be present on the Site via links, banners, or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their sales conditions. The Seller is not responsible for the provision of services and/or for the sale of products by such parties. The Seller does not carry out any control and/or monitoring on the websites accessible through such links. The Seller is therefore not responsible for the content of such sites 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 procedure.

1.7 Submitting 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 for users who qualify as consumers as well as users who qualify as professionals. Pursuant to Art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity carried out; while pursuant to Art. 3, paragraph I, letter c) of the Consumer Code, a professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof.

2.2 In the case of orders, from anyone, 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 originating from:

• a user with whom the Seller has an ongoing legal dispute
• a user who has previously violated the General Terms and Conditions of Sale
• a user who has provided false, incomplete, or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by them 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:

• name
• surname
• email
• password
• Date of birth
• Gender

3.2 You undertake to immediately inform the Seller if you suspect or become aware of any improper use or undue disclosure of the Site access credentials.

3.3 The registered user of the Site guarantees that the personal information provided by them is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on Site registration or on the conservation of registration credentials and/or from the provision of false, incomplete, or otherwise 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, concerning provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must fill out an order form in electronic format and transmit it to the Seller, electronically, following the instructions that will appear on the Site from time to time
• the contract is concluded when the order form reaches the Seller's server
• once the order form is received, the Seller will send you to the indicated email address the order confirmation containing:
  • information relating to the characteristics of the purchase
  • indication of the price
  • indication of the payment method used
  • indication of delivery costs
  • indication of delivery costs and any additional costs.

Art. 5. Product Availability

5.1 The Products offered on the Site are limited in number. 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 purchase order has been transmitted.

5.2 Information regarding the availability of each Product is present on the Site.

5.3 You will be informed if the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract pursuant to and for the effects of the provisions of Art. 61, paragraphs IV and V, of the Consumer Code.

5.4 Alternatively, you may accept:

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

5.5 If a refund is requested for the amount paid for the purchase of Products that later prove to be unavailable, the Seller will issue the refund within a maximum period of 3 days.

5.6 If you exercise the right of termination pursuant to Art. 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; if the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due pursuant to the provisions of the "Payment Methods" article below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page illustrating its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and with the usual tolerances.

Art. 7. Prices

7.1 All prices of the Products published on the Site are to be understood as VAT included; the VAT percentage applied varies according to the country of destination of the sale (e.g., for sales in Italy, the VAT included is 22%; for sales in Germany, the VAT included is 19%, etc.). For sales to non-private entities, the percentage may vary due to the possible application of reverse charge. If the country of destination has non-applicable VAT, the sales price is to be understood as not inclusive of VAT.

7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that no account will be taken of any subsequent variations (increases or decreases) after its transmission.

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 vouchers is governed on the site according to the following principles:

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

Art. 8. Purchase Orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or of the successful crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and other than the carrier, materially come into possession of the Products.

The Service chosen by you 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 ascertained that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is subject to termination if the Total Amount Due is not paid. Unless otherwise agreed in writing with you, the order will consequently be canceled.

8.3 To be able to send a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale, by selecting the appropriate box on the pages of the purchase process. 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) your payment card details used for payment have been verified and (ii) the issuing company of the payment card you used has authorized the 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 process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

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

The charge will be made at the time the order is transmitted.

9.3 Purchases can also be made on the Site using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the www.paypal.it site where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user 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 unable to know and does not store in any way the payment card data 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 will be charged to you by PayPal at the same time as the conclusion of the contract via the Site. In the event 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 your PayPal account. The crediting times on the payment instrument linked to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, for which you must 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 otherwise control of the Product.

10.2 From the date the order is sent, the Products will be delivered according to the times indicated on the Shipping and Returns page, accessible at the bottom of the page among the various useful links.

10.3 It is your responsibility to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially come into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including in the sealing materials, and invites you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservations. If the package shows clear signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and legal guarantee of conformity remains unaffected.

Art. 11. Right of Withdrawal

• Return method: It is the sole responsibility of the customer to independently arrange for the shipment of the product to the headquarters Bikenos FZ, via vincenzo rossi 43, pesaro PU 61122 Italy. Please note that our company does not provide prepaid return labels.
• Economic charges: The costs related to the return shipment are entirely borne by the buyer, who also assumes all responsibility inherent to the transport.
• Delivery terms: The returned goods must reach our warehouse strictly within 14 calendar days from the date of communication of the withdrawal. 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 deduction from the refundable amount.
• Mandatory documentation: The duly completed return form (downloadable from the specific link here) must be included inside the package. The absence of such documentation will make it impossible to identify the order and, consequently, to process the refund.
• Exclusions of liability: Bikenos FZ declines all 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 conformity of the returned product, Bikenos FZ will proceed with the refund of the amount corresponding solely to the value of the goods, excluding shipping costs. The refund processing may take up to 14 working days from the date of receipt (on average 5 days).
• Crediting method: 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 relevant financial institution.

Art. 12. Legal Guarantee

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

To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

When it applies

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

Unless proven otherwise, it is presumed that any lack of conformity which becomes apparent within six months of delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.

To be able to use the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can attest to the date of purchase (for example, the payment card statement) and the date of delivery.

In the event 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 return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the payment method or solution used by the consumer for the purchase.

The Seller is not liable for damages of any kind resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from unforeseeable circumstances or force majeure.

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

Art. 13. Manufacturer's Conventional Guarantee

13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (Conventional Guarantee). You can only assert this guarantee against the manufacturer. The duration, extent, including territorial, conditions and methods of use, types of damage/defects covered, and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Guarantee is voluntary and does not replace, limit, prejudice, or exclude the Legal Guarantee.

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 in which they have their habitual residence is without prejudice.

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

14.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code, that, if they have 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 Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. of the 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 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 can consult the list of ADR bodies, find the link to the site of each of them, and start an online dispute resolution procedure in which they are involved.

14.5 The right of the consumer user to bring an action before the ordinary court competent for the dispute arising from these General Terms and Conditions of Sale is in any case without prejudice, whatever the outcome of the out-of-court dispute resolution procedure relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.6 A user residing in a member state of the European Union other than Italy may also, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, access the European Small Claims Procedure, established 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, rights, and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Art. 15. Customer Service and Complaints

It is possible to request information, send communications, request assistance, or submit complaints by contacting the Seller in the following ways:

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

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

Art. 16. Invoice Issuance

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

Art. 17. Sending Review Request After 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 solely for the stated purpose.