Italiano
1. INFORMATION ON TERMS AND CONDITIONS
1.1
These Terms and Conditions apply to all purchases made by you as a consumer at Marchisio Bici s.r.l. and the related website (www.marchisiobici.it) in accordance with Legislative Decree no. 206/2005 and subsequent modifications (Consumer Code – Legislative Decree no. 206 and subsequent modifications).
When you decide to make a purchase at our material or virtual stores, you agree to the following Terms and Conditions.
1.2
The Contract is concluded with MARCHISIO BICI S.RL. with registered office in Via Regina Margherita 53/A, 12073 Ceva (CN), Business register: REA CN309350, VAT: 03685060042.
1.3
You can contact our customer service at the address info@marchisiobici.it.
2. ORDER
We only sell to customers who act in quality of private (consumers). To make a purchase you must have the right to enter into a contract under the law in force, the that means you must have turned 18 years; you also have an email address and a valid delivery address.
3. CONFERENCE OF ORDER AND CONSEGAN
3.1
Once you complete your online purchase you will receive two automatic emails, one confirmation and one acceptance of the payment; with these communications we will confirm that your order has been received and we will send you your order number. This automatic confirmation does not imply the conclusion of a binding contract.
3.2
A binding contract will be concluded only when the order is packed and we will send a third confirmation of final delivery of the order to the email address you indicated.
3.3
Before you receive the final delivery confirmation, your order may be refused in whole or in part for stock discrepancies, in accordance with our Company Policy referred to in Point 9, if you provided us with incorrect information at the cashier or if we suspect an attempt to fraud. In these cases, we will inform you as soon as possible.
4. PRICE AND INFORMATION
4.1
The order applies the prices indicated on the website when ordering. All prices include applicable VAT, but do not include payment and transport costs, which are indicated separately. Shipping costs are normally free for more than € 50,00.
4.2
It is our concern to indicate correct prices, but if we have to indicate an incorrect price for a product or if the information relating to a product listed on the website is not correct, we will contact you as soon as possible to communicate the correct price. Before sending a delivery confirmation, no binding agreement has been concluded and we are free to correct our prices.
4.3
If the price or information relating to a product listed on the website is not correct and the user is aware of it - or should have realized it - the price or information will not apply to the purchase even if the user has received a delivery confirmation. In these cases, we will contact you as soon as possible.
4.4.
The images of the website that show the product are to mere illustrative purpose and the real product can differ slightly due to different production batches, different bicycle models, etc. In addition, we cannot guarantee that all images on the website reflect the exact appearance, for example because of the color rendering by the computer screen or phone.
5. PAYMENT
5.1
We offer different payment options and the user can choose which payment option to use. The possible payment options are always indicated in the website case and when ordering. Depending on the option chosen, any additional costs will be indicated in the case.
5.2
You will find complete information about all payment options and possible additional costs here.
5.3
When you make a purchase with us, a separate payment agreement with our payment service provider.
6. TRANSPORT AND CONSEGAN
Delivery Options
6.1
We offer different delivery options depending on destination and products purchased. The delivery options we offer are always indicated on the website checkout. We offer delivery at home depending on the place of residence.
6.2
To facilitate delivery and minimize environmental impact, we always try to deliver the products in one shipment.
6.3
If your order contains several products and one or more of them are not available in stock or have longer delivery times, we can send you the products in multiple deliveries at no extra cost.
6.4
These terms and conditions of purchase apply to delivery in Italy. We do not deliver in the Republic of San Marino and in the municipalities marked by the following postal codes: 47890, 47891, 47892, 47893, 47894, 47895, 47896, 47897, 47898, 47899, 00120, 23041, 22061, 23030.
Transport costs
6.5
Depending on the products purchased, the selected shipping option and the total amount of the order, transportation charges may apply. The cost of transport is always indicated at the time of purchase. Normally for amounts greater than € 50,00 the shipment is free.
6.6
If you buy bulky/heavy products to these will be applied a shipping cost. The bulky/heavy products are always indicated on the website.
Delivery time
6.7
The expected delivery times are available at the website box and in the automatic confirmation of the order and may vary depending on the products and the selected delivery option. Our goal is always to deliver the order within the expected delivery times, but we cannot guarantee it.
Unretired packages
6.8
The customer is responsible for receiving the delivery according to the instructions provided at the time of order.
6.9
The packages already placed at the withdrawal points that are not withdrawn within the time indicated in the notice will be returned. If you chose the delivery at home and did not follow the instructions for reception - for example if you are not in the house to receive the delivery or if you refuse the parcel at the time of delivery - the package will be returned to us.
6.10
In these cases, we have the right to charge you an administrative fee equal to management and shipping costs.
6.11
You can find all the details about our delivery options here.
7. RECESS LAW
7.1
If you have changed your mind you have the right to cancel your purchase within 14 days from the day you or a person on your behalf received the product you purchased on the website.
7.2
The right of withdrawal applies only to products not used, under new conditions, in the original packaging and with all labels still attached.
Exception for some products
7.3
For some products, the right of withdrawal or return does not apply. This applies to products that have been manufactured according to the user's instructions (prints or measurements of the bicycle) or which have otherwise been equipped with a clear personal touch. All products customized or customized are excluded from the right of withdrawal and return. This also applies to products that can deteriorate rapidly or become obsolete, as i'll give you the drinks and edible products. Products with broken seals are excluded from the right of withdrawal and return which cannot be returned for health or hygiene reasons and which have been broken by the customer. If the right of withdrawal or return is not applicable, it will be indicated in relation to the product
Devaluation of used products
7.4
When you exercise the right of withdrawal provided by law, you have the right to open the packaging and examine the product to the extent necessary to assess its nature, characteristics and functioning. You have the right to cancel your purchase and get a full refund if you communicate your return or contact us within 14 days from the day you received the product and return it in the original conditions.
7.5
If the product is manipulated to a greater extent than necessary to determine its character, properties and function, we have the right to depreciate it. This deduction is carried out by comparing the value of the product at the time of return with the original value at the time of purchase. To obtain a full refund, we recommend that you return the product in its original conditions.
How to cancel your purchase/right of withdrawal
7.6
If you have changed your mind and wish to return your purchase, you must communicate your return within 14 days of the day when you or a person acting on your behalf has received or withdrawn your order.
7.7
You can easily communicate your intention to withdraw from purchase by registered letter a.r. after contact by e-mail at: info@marchisiobici.it.
You can also use the form for the right of withdrawal here.
7.8
Procedure for return:
1. Cancellation notice: Communication of the will to return the good with racc. a.r. within 14 days of purchase;
2. Return of the Good: the goods must be sent or returned within 14 days of the date of the communication of your will to withdraw from the purchase to the following return address Marchisio Bici S.r.l. Loc. Piangiaschi 19/A, 17017 Millesimo (SV);
3. Conditions of good: the Good must be intact and be returned in the original packaging, intact. You will be held responsible for any damage or loss during the return shipment, if such damage or loss has been caused by your negligence, for example, in the packaging of the product;
4. Delivery costs: the delivery costs are borne by the customer;
5. Examination of goods: once we have reached our warehouse, the goods will be examined to assess any damage or tampering not resulting from transport; only after checking the integrity of the goods we will provide for the reaccreditation of the sums;
6Refund: within 14 days of the return of the purchase we will provide, through the payment method used by the customer, where not otherwise agreed, to make the refund. We will not refund until we have received the product or until you prove you have sent it to us. If you return only part of an order, the transport will not be refunded.
7. Expenditure: the only expense of the customer will be those relating to the return of the product.
7.9
In case the customer opts for product replacement with other different the sending expenses of the new product will be at its expense
7.10
In case of return of an entire order, the refund will include the shipping costs (for sending to the customer) paid at the time of purchase. However, this only applies to the cost of standard transport. Additional shipping costs resulting from the choice of a more expensive shipping option will not be refunded.
8. OFFERS
8.1
Sometimes we can offer promotions, discount codes and other offers (hereinafter collectively called "Offers"). These offers are valid only for the period of time indicated and are subject to the terms and conditions laid down in relation to such offers. The promotion period cannot be extended and in case of stock exhaustion during the promotion period, we will not offer similar replacement products instead of products in promotion. The offers are not combinable with other discounts or offers, unless expressly indicated at the time of purchase.
8.2
In any case the price reduction will also be indicated recommended list by the manufacturer. In many cases, in order to benefit from the offer, you may be asked to enter a code or otherwise activate the offer in question before completing your purchase.
8.3
If you cancel your order or return your ordered products, you may no longer be entitled to the offer. This could result in the possibility of not being able to take advantage of a particular discount. If you return a product purchased on offer will be returned, where the conditions are met, only the amount paid.
9
9.1
Our business policy in relation to fairness in commercial transactions provides that, in order to make purchases with us, it is necessary:
• that the user does not attempt to circumvent or violate applicable laws;
• that the user does not attempt to deceive us on his identity;
• that the user does not exert undue pressure on the customer service staff;
• that the user acts with the intention to store the ordered products. (This does not stop changing your mind later. The customer always has the right to withdraw and the right to return provided by our Terms and Conditions of Purchase).
9.2
Below are some examples of behaviors that are considered in violation of our corporate policy and which may lead us not to conclude a purchase with certain users:
• fraud attempts in relation to returns, such as replacement/falsification of labels and price tags and false claims of lost products;
• declare falsely to be a consumer to make purchases with us and then market or resell products in a business;
• buy products for the sole purpose of photographing them and/or exhibiting them in a commercial activity and then return them to a right of withdrawal or a right of return that applies to consumers only;
• attempt to indebtedly influence our staff to obtain an extended right of withdrawal from our terms of sale or law in force;
9.3
Our assessment of the violation of corporate policy is based on a number of different factors, such as a reiterately abnormal conduct, order composition, order frequency, residual frequency and false identity elusion attempt.
9.4
If your order is refused, you will be informed by an email sent to the email address provided at the time of order. Once the order is rejected, the decision will apply to you regardless of your profile or email address. It is not permitted to try to circumvent this decision in any way, for example by trading with someone else's name, as such deception constitutes in itself a violation of corporate policy.
9.5
Our Business Policy does not prevent you from exercising the right of withdrawal or the right of return provided by law once you make a binding purchase with us. However, in specific cases, our Corporate Policy may prevent you from entering into a new contract with us.
10. RESPONSIBILITY OF SELLER AND RECLAMI
10.1
The seller is responsible for the consumer of any lack of conformity existing at the time of delivery of the goods performed pursuant to Article 61 and manifested within two years from that moment. You can file a complaint for any original defect of the product that occurs within two years from the delivery of the product (the period of responsibility) and that it is not available at the time of purchase. The lack of conformity exists when the product is not suitable for use to which it must normally serve, does not conform to the description or does not possess the quality promised by the seller, does not offer the usual qualities and performance of a good of the same type, is not suitable for the particular use desired by the consumer if brought to the knowledge of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).
The lack of conformity that manifests within 24 months of the date of purchase of the asset must be denounced within 2 months following the date of discovery of the defect.
Unless otherwise proved, it is assumed that the defects of conformity that manifest within a yearFrom the delivery of the goods already existed at that date (art.135 Consumer Code). In the event of a lack of conformity, the consumer has the right to restore the conformity of the goods by repair or replacement (Art. 135-bis of the Consumer Code).
The consumer may, in his choice, ask the seller to repair the goods or replace it, without cost in both cases, unless the remedy required is objectively impossible or excessively expensive. Repairs or replacements must be carried out within a reasonable period from the request of the Consumer (art. 135 bis and 135 ter Consumer Code).
If within the maximum period of 60 days Marchisio Bici s.r.l. not able to return the repaired product, the consumer may request one of the alternative remedies (resolution of the contract or reduction of the price – art 135 quater Consumer Code).
The right of complaint ends once the two-year period of responsibility for new products and one year for used products has been spent.
10.2
If you want to claim a product, you must contact our customer service at the address info@marchisiobici.it.
10.3
Once the product object of the claim has been evaluated and we have established that the claim is valid, we will treat it in accordance with the applicable law. This means that the fault will be eliminated or that we will replace the defective product with a new one. If neither of the two options is possible, you will have the right to request a reduction in the price corresponding to the defect or to cancel the purchase in accordance with current legislation.
10.4
Please note that we have the right to refuse a complaint if it turns out that the product is not defective under law.
10.5
In case we need to get the product back, our return address is:Marchisio Bici S.r.l., Loc. Piangiaschi 19/A, 17017 Millesimo (SV).
In disputes with private individuals, we will stick to the decisions of alternative dispute resolution bodies. In Italy you can contact National Institute for Mediation and Arbitration - INMEDIAR, www.inmediar.it.
The private consumer may also file a complaint through the EU online dispute resolution platform, which can be found here.
Any disputes may also be submitted to the Court of First Instance in relation to the residence or domicile of the Consumer, according to the criteria of territorial jurisdiction imposed by the Consumer Code.
Liability for damages
10.6
In case of defects of the product or delays in delivery, we will be responsible for any damage suffered by the customer due to the defect or delay, in accordance with the mandatory legislation on consumer protection. However, we will be liable for damage only to the extent that you have taken reasonable steps to limit your loss. We are therefore not responsible for the damage that the customer could have avoided by taking reasonable measures.
10.7
We are not responsible for the damage caused by unforeseen circumstances outside our control, such as wars, strikes, pandemics or natural disasters, which we cannot reasonably foresee (force greater). If we are prevented from fulfilling our obligations under the contract or these Terms and Conditions of Purchase by force majeure, you have the right to terminate the contract in accordance with the Consumer Code.
11. CONVENTIONAL GUARANTEES
11.1
Regardless of the responsibility of the seller referred to in point 10 above the manufacturer of the purchased goods may provide an additional guarantee concerning the durability of the goods over time (Art. 135-quinquies Consumer Code). Qa manufacturer gives the consumer a conventional guarantee concerning the durability of certain goods within a given period of time the manufacturer is directly responsible for the consumer during the entire period of warranty for repair or replacement of goods in accordance with article 135-ter. In the conventional guarantee declaration of durability the manufacturer can offer the consumer more favourable conditions. If the conditions laid down in the conventional guarantee declaration are less advantageous to the consumer than the conditions laid down in the relevant advertising, the conventional warranty shall bind according to the conditions laid down in the advertising relating to the conventional guarantee. The conventional warranty statement is provided to the consumer on durable support at the latest at the time of delivery of goods
12. INFORMATION ON THIS TERMS AND CONDITIONS
12.1
We reserve the right to change these terms and conditions at any time; however, the Terms accepted by you at the time of purchase will always apply to such purchase. Any changes will be reflected in the latest published version of the Purchase Terms on the website. The changes will come into effect from the moment you have accepted the Terms and Conditions, or when you make a new purchase on the website.
12.2
As a company based in Italy, these Terms of Purchase will be interpreted and applied in accordance with Italian law. If a provision of these Terms of Purchase is deemed invalid or unenforceable by a court, an authority or an alternative resolution body of the competent disputes, the remaining parties of that provision and all other provisions of these Terms of Purchase shall remain valid and applicable in full, in accordance with the applicable law. You are always entitled to the mandatory rights of consumers in the country where you reside. Nothing contained in these Terms and Conditions may be interpreted as a limitation of such rights.
These terms and conditions of purchase have been updated by Marchisio Bici s.r.l. the last time on 11/04/2024.