TERMS AND CONDITIONS OF USE OF THE SITE
1. General Provisions
The present general conditions of sale (hereinafter, “General Conditions”) apply to all sales of products (hereinafter, “Products” or “Product”) purchased through the website www.bikerando.com (hereinafter, “Site”).”
The use of the remote sales service described in these General Conditions is exclusively reserved for consumers (hereinafter referred to as “Customers” or the “Customer”), defined as natural persons acting for purposes outside their trade, business, or professional activities, if any.
The language available for concluding the contract is english
The Customer is required to carefully read the General Conditions which have been made available on the Site, in order to allow for their storage and reproduction by the Customer pursuant to Art. 12 of Legislative Decree of April 9, 2003, no 70.
Contracts concluded with BIKERANDO s.a.s. (as defined below) through the Site are governed by Italian law and, in particular, by Legislative Decree of September 6, 2005, no. 206 (the ‘Consumer Code’) and by Legislative Decree of April 9, 2003, no. 70 (hereinafter, ‘E-commerce Decree’).
2. Identification of the seller
The seller is:
ROBERTO ADAMI Via Lago di Garda 41 37047 San Bonifacio (VR)
tel. +39 333 3011590
P.iva 04545040232
(hereinafter “BIKERANDO”)
3. Product Information
Information about the Products available for distance selling via the e-commerce Site, along with their product codes, is available on the Site. The aforementioned information is provided in accordance with Articles 52 and 53 of the Consumer Code.
4. Price
The prices of the products are inclusive of all taxes and duties. All prices are expressed in euros. Shipping costs are borne by the customer, unless there are any ongoing promotions.
5. Product Orders
The essential characteristics and prices of the Products are stated in the offer for each Product.
To purchase the Products, the Customer must fill out and send to BIKERANDO the order form in electronic format, following the instructions contained on the Site. The Customer must place the Product in the designated “cart” and, after reviewing the General Conditions, with particular reference to the contribution for delivery costs and the methods for exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and choose the “Payment” option.
Before submitting their purchase order, the Customer will have the opportunity to correct any data entry errors by following the specific correction procedure contained on the Site. In particular, the Customer has the ability to change the quantity of Products they intend to purchase by adding or removing one or more Products from the “cart”.
By sending the order, the Customer acknowledges and declares that they have reviewed all the information provided during the purchasing procedure and fully accept the General Conditions.
The Customer will have the ability to view and track the status of their order through the “My Orders” area of their account.
BIKERANDO reserves the right to evaluate the acceptance of the orders received. BIKERANDO will communicate to the Customer any inability to accept the orders received within 30 days from the day following that on which the Customer has transmitted the order to BIKERANDO and will proceed with the refund of any sums possibly already paid by the Customer for the payment of the supply.
6. Payment Methods
The Customer may make payment for the Products and the related delivery costs via PayPal or credit card.
The transaction will be charged to the Customer’s credit card only after:
a) the credit card details have been verified,
b) the charge authorization has been received from the company issuing the credit card used by the Customer, and
c) the availability of the Product has been confirmed by BIKERANDO.
In the event that, for any reason, charging the amounts due from the Customer proves impossible, the sales process is automatically annulled and the sale automatically cancelled.
7. Confirmation of Order Receipt
In accordance with Article 53 of the Consumer Code, the Customer receives, upon execution of the contract, by email, confirmation of the receipt of the purchase order sent by the Customer, containing a summary of the General Conditions, the essential characteristics of the ordered product, its price, the amount paid, the existence of the right of withdrawal – with indication of the times and methods for returning the good – the geographical address for presenting any complaints, and the information on support services and existing commercial guarantees.
8. Invalidity of the Order
No contract shall be deemed concluded between BIKERANDO and the Customer if BIKERANDO has reasonable grounds to believe that the Customer does not act based on a real and genuine interest in purchasing the ordered products, or abuses the right of withdrawal recognized by Article 12 that follows. In such cases, the order submitted by the Customer shall be considered of no effect. BIKERANDO will send an email to the Customer stating that the contract has not been concluded, also taking care to cancel any charges and/or expenses to the Customer.
9. Transportation and Delivery
Products purchased on the Site will be delivered to the address indicated by the Customer. The Customer has the right to request delivery of the products to a physical person of their choice, whose residence or domicile is within the Italian territory. The signature of an adult over 18 years old will be required at the time of delivery. Deliveries to PO boxes will not be made.
For every order placed on the Site, BIKERANDO issues an invoice for the shipped goods, sending it by email or post to the order holder, in accordance with D.P.R. 445/2000 and D.lgs. 52/2004. 52/2004. The information provided by the Customer at the time of the order will be used for the issuance of the invoice. No changes to the invoice will be possible after its issuance.
The delivery costs are borne by the Customer and are clearly highlighted in the order form.
All purchases will be delivered by an express courier chosen by the Customer during the purchase process among those offered by BIKERANDO (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national celebrations. BIKERANDO is not responsible for unforeseeable delays. BIKERANDO is not responsible for unforeseeable delays.
BIKERANDO will send the Customer an email confirmation once the Products are shipped. BIKERANDO will send the Customer an email confirmation once the Products are shipped. Unless due to force majeure or unforeseeable circumstance, in accordance with the Consumer Code the Products will be delivered within a maximum period of 30 (thirty) days from the day following the one on which the Customer transmitted the order to BIKERANDO, unless BIKERANDO communicates – within the same period, by email – the impossibility of delivering the ordered goods due to the temporary or permanent unavailability of the Products. In case of such communication, BIKERANDO will refund any sums possibly already paid by the Customer for the payment of the supply. If BIKERANDO notifies the Customer of a delay in the delivery date and the Customer wishes to cancel the Order, any amount already paid by them will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the day following the one on which the Customer transmitted the order to BIKERANDO.
The presence of the Customer or a person authorized by them at the recipient’s address indicated in the order is necessary for the delivery of goods. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages being delivered corresponds to what is indicated in the transport document and that the package is intact, not altered. Any damages to the package and/or the Products or the discrepancy in the number of packages must be immediately reported by writing a reservation on the Courier’s delivery proof. Once the document is signed, the Customer cannot object regarding the external characteristics of the delivered package.
10. Right of Withdrawal
Under the new European Directive 2011/83/EU on Consumer Rights (CDR), the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
To exercise this right, the customer must send a communication to BIKERANDO within 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to:
ROBERTO ADAMI Via Lago di Garda 41 37047 San Bonifacio (VR)
Or by telegram sent within the same 14-day period followed by a confirmation by registered letter with acknowledgment of receipt. Once we have received the aforementioned notice of withdrawal, BIKERANDO’s Customer Service will communicate to the customer the instructions on how to return the goods, which must reach our warehouses within 14 days from the authorization.
The right of withdrawal is subject to the following conditions:
1. The right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.
2. According to law, the shipping costs related to the return of the goods are borne by the customer.
3. The shipment, until confirmation of receipt in our warehouse, is under the complete responsibility of the customer.
4. BIKERANDO is not liable in any way for damage or loss/theft of goods returned through uninsured shipments.
5. In case of damage to the goods during transport, BIKERANDO will notify the customer of the incident (within 5 working days from the receipt of the goods in our warehouses), to enable them to file a claim against the courier they chose and obtain a refund of the value of the goods (if insured). In this case, the product will be made available to the customer for its return while also cancelling the withdrawal request.
BIKERANDO will refund the full amount already paid by the customer within 30 days from the return of the goods, through the procedure of reversing the amount charged on the Credit Card or by Bank Transfer. In the latter case, it will be the customer’s responsibility to provide the bank details on which to receive the refund (Cod. ABI – CAB – Current Account of the invoice holder).
The right of withdrawal totally lapses, for lack of the essential condition of integrity of the good (packaging and/or its content), in cases where BIKERANDO ascertains:
A. The absence of the external packaging and/or of the wrapping containing the purchased product.
B. Damage to the product for reasons other than its transport.
In case of the lapse of the right of withdrawal, BIKERANDO will return the purchased good to the sender, charging the same the shipping costs.
11. Product Replacement
BIKERANDO intends to offer Customers the possibility to replace Products purchased through the Site.
To obtain a replacement for a Product, the following procedure must be followed.
Customers who are not entirely satisfied must keep all documentation related to the delivery and the Product itself in its original packaging and contact BIKERANDO immediately by email at the following address: in**@bi*******.com
The Product to be replaced must be returned in a normal state of preservation to the following address: Via Lago di Garda 41, 37047 San Bonifacio (VR)
The fulfillment of the new order is subject to the availability of the requested Products.
The shipping costs for returning the Product are borne by the Customer.
The replacement Product will be sent to the Customer via courier without additional shipping charges.
12. Conformity Defects
In case of conformity defects of Products sold by BIKERANDO via www.bikerando.com, the Customer must immediately contact the following email address: in**@bi*******.com
The sale of the Products is subject to the legal guarantees provided by Articles 129, 130, and 132 of the Consumer Code. The Customer is entitled to the restoration, without expenses, of the conformity of the goods by repair or replacement, or to a suitable reduction of the price or to the termination of the contract. The Customer loses these rights if they do not report the conformity defect to BIKERANDO within two months from the date on which the defect was discovered. Actions aimed at enforcing defects not fraudulently hidden by BIKERANDO expire in any case within twenty-six months from the delivery of the goods.
13. Errors
The information relating to Products provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors.
BIKERANDO reserves the right to correct errors, inaccuracies, or omissions even after an order has been submitted and also to change or update information at any time without prior notice.
14. Applicable Law and Competent Court
These General Conditions are governed by Italian law and must be interpreted in accordance with Italian laws.
For disputes arising from the interpretation, validity, and/or execution of these General Conditions, the exclusive territorial jurisdiction shall be the court of Verona.
15. Contacts
For further information, please write to the following email address: in**@bi*******.com
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