- Handmade Products
In the present general terms and conditions of sale (the “General Terms and Conditions”), the terms not defined otherwise will have the meaning assigned to them below:
“Customer” means any person, regardless of whether he/she has ended the registration process, whom is navigating within the Website, including those acting as Guest Customer or Registered Customer, be he/she Consumer Customer or Professional Customer.
“Consumer Customer” means the physical person that acts for purposes other than business, commercial, craftsmanship or professional activity possibly carried out, as defined in article 3, letter a) of the Consumer Code.
“Professional Customer” means either the physical or legal person that acts in carrying out his/her own business, commercial, craftsmanship or professional activity, or his/her intermediary, as defined in article 3, letter c) of the Consumer Code.
“Registered Customer” means the user who has successfully completed the registration process to the Website, who has chosen his/her username and password to get access, among others, to the specific section reserved for the Registered Customers. The Registered Customer has the right to navigate within the Website and to use all the Services available from time to time on the Website.
“Guest Customer” means the user who has the discretion to navigate the Website, use the features made available to the general Customer, without having to register to the Website and therefore without being able to use the Services.
“Consumer Code” means Legislative Decree 6 September 2005, no. 206 and subsequent amendments.
“Content” means all information, videos, images, sounds, music, pictures, software, newsletters (containing information intended to the fruition of the Service and to be therefore understood as an integral part of that), animations, databases, design and contents, trademarks, logo, technical solutions implemented, graphic designs, look and feel, structure and any other part already made or to be carried out, whether these are registered or not, covered or not by copyrighted or legally protected, published on the Website or any other material (in any form) or service that is made available to the Customers through the Website or by Boeris Bikes sas of Del Gatto Pietro & C., including the Information Datasheets of Products or Services, as well as third party trademarks or logos that are manufacturers or suppliers of Products or Services.
“Contract” means, jointly, the present General Terms and Conditions of Sale (including any document referred to in these General Terms and Conditions), any additional terms published on the Website, additional rules, directives, codes of conduct and/or instructions contained on the datasheets of the individual Products or, anyhow, published on the Website as well as any registration form or Purchase Order issued by the Customer and accepted by Boeris Bikes sas.
“Working Day” means each calendar day with exception of Saturdays, Sundays and Public Holidays.
“CiaoBikeItaly” means the online sales shop, posted on the Website, called “CiaoBikeItaly” and managed by Boeris Bikes sas.
“Purchase Order” means the order to purchase one or more Products and/or Services marked on the Website as “available” issued by the Customer in accordance with the purchase procedure referred to in article 4 below.
“Product” means any product sold on the CiaoBikeItaly.com Website.
“Boeris Bikes Sale Point” means the selling point labelled ‘Boeris Bikes’, directly managed by Boeris Bikes sas of Del Gatto Pietro & C., whereby a Customer may proceed with the collection and payment of the Products purchased/booked through the Website .
“Service” means any service made available on the CiaoBikeItaly.com Website, including – without limitation – the services provided by Boeris Bikes sas. at the Customer’s request and related to the sale of the Products, such as – as only an example – the transport service, the assembly or installation service and the part exchange of items (WEEE).
“Supplier” means – The supplier; in particular, manufacturer, producer, trader or shopkeeper who normally provides a sales outlet for certain products.
Boeris Bikes sas of Del Gatto Pietro & C. is a limited partnership with legal headquarters in Turin, Strada Comunale di Mirafiori 2, registered in Registro delle imprese of Turin, Registration Number, Tax Code and IVA no. 10497200013. Address Pec firstname.lastname@example.org, – Email email@example.com.
“Website” means the ciaobikeitaly.com website.
2.1 The Contract contains the terms and conditions governing:
(1) the purchase of Products and the provision of Services purchased by the Customer through the Website; and
(2) The Website navigation by the Customer as well as the use of all the features provided to the Customer through the Website.
2.2 Any purchase of Products or Services by (A) a Customer, acting as Consumer Customer, shall be governed by, in addition to the Contract, the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Customer, acting as a Professional Customer, shall be governed exclusively by this Contract, as well as by the provisions of the Civil Code, for all that is not mentioned here.
3.1 The Customer intending to act as a Registered Customer must complete the registration process on the Website by providing the required information and personal data and indicate an e-mail address for login and a “password”, according to what required in the relevant section of the Website. Boeris Bikes sas. will send a confirmation e-mail of the registration to the e-mail address provided by the Registered Customer during the registration process.
3.2 The Registered Customer is required to read carefully these Terms and Conditions as well as, in general, the terms and conditions of the Contract that may be displayed and printed during the registration process and also by accessing the hyperlink; the Customer is required to accept these terms and conditions by clicking on the box marked “I accept the terms and conditions”.
3.3 The Customer expressly authorizes Boeris Bikes sas. to send to the given e-mail address, also through specific links to the Website pages, this Contract, including the relevant Terms and Conditions, any special conditions, as well as any communications relating to the implementation of this Contract. The Customer acknowledges that this Contract, including the relevant Terms and Conditions, any special conditions and any relevant changes in effect, may be printed on paper or downloaded by Customer.
4.1 Buying Method by the Customer
The Customer may purchase the Products and Services on the Website as described in the relevant information datasheets. In the information datasheet of each Product it is indicated:
– “available”: it means that the Product is physically present in the Boeris Bikes sas warehouse. The Customer may proceed to purchase a Product marked in the relevant information datasheet as “available” by sending the relevant Purchase Order.
-The information that is clearly stated in the information datasheet (on the product page) includes the main features of the Products and Services, the price including taxes, while shipping costs are highlighted when filling in the relevant Purchase Order.
The Contract must be examined by the Customer before making any Purchase Order of Products or Services. Notwithstanding the provisions of article 3 for the Registered Customers, sending a Purchase Order by the Customer implies full knowledge and acceptance of these General Terms and Conditions as well as the Contract in general.
Purchase Orders must be compiled using the electronic form provided in the relevant section of the Webite, and must be sent through the Website itself, in the manner specified therein.
The Purchase Order will be binding for Boeris Bikes sas. only if the entire purchase procedure has been completed regularly and correctly, without any error messages being highlighted by the Website, and, if the customer has chosen home delivery, checking the regularity of the payments made by Credit Card, Paypal and European Bank Transfer is carried out by Boeris Bikes sas within 2 working days of receipt of the order made by the Customer, and specifically:
(a) payment authorization by the banking system, for payments by credit card, PayPal or bank transfer.
Checks on the regularity of payments made by Credit Card, Paypal and European Bank Transfer are carried out by Boeris Bikes sas. within 48 hours of receiving the order from the Customer.
The Purchase Order will be understood as correctly sent by Customer only if the entire procedure has been completed regularly and correctly, without any error messages being highlighted by the Website. In any case, it remains settled that:
(b) The Purchase Order shall be deemed to have been accepted by Boeris Bikes sas only in the event of a successful check of the availability of the Product indicated in the relevant datasheet.
Boeris Bikes sas will send a confirmation to the Customer as a receipt of the Purchase Order. Taking into account that the access and the possibility to submit online orders modify in real time the availability of the products contained in the catalogue published on the Website, Boeris Bikes sas does not guarantee the certainty of assigning the ordered goods. It could happen that one or more items marked as available at the time of the order but assigned or picked up for another order, in which case several proposals will be offered to the Customer before proceeding to evade or cancel the Purchase Order: A) Wait for the missing product and send the Purchase Order when all the Products are available B) Send only the available products and make the corresponding refund of the difference C) Cancel the Purchase Order and refund the amount paid. Also referred to in Section 7.3.
Payment by Paypal and Credit Card is immediate upon completion of the order.
4.2.1 Confirmation of receipt of the Purchase Order
After having sent his/her Purchase Order, the Customer will receive a receipt confirmation e-mail indicating the relevant ID number.
If the Customer has chosen to pick up the Products at the Boeris Bikes sas Sale Point (after sending the Purchase Order), the Customer will receive a receipt confirmation e-mail indicating the relevant ID number.
If the payment method chosen by the Customer is debiting a credit card or using Paypal, the purchase amount will be charged at the time of the conclusion of the purchase.
4.2.2 Confirmation of receipt of the Purchase Proposal and communication of failure of the availability check
After sending the Purchase Proposal, the Customer will receive an e-mail with which he/she will be notified to have received the same Purchase Proposal, indicating the relevant identification number.
Within 3 days of receipt of this e-mail, Boeris Bikes sas. will notify the Customer of any negative outcome of the availability check.
Negative outcome of the availability check
After the negative outcome of the availability check, the Customer will receive an e-mail from Boeris Bikes sas which will notify the Customer of what Products are unavailable and will ask him/her how to proceed. In this case, the Customer will be presented with various proposals before evading or cancelling the Purchase Order: A) wait for the missing product and send the Purchase Order when all the Products are available B) send only the available products, and proceed to the refund of the difference C) cancel the Purchase Order and refund the amount paid. In that case, the Customer will receive an e-mail, which will indicate that the Purchase Proposal has been cancelled. Also referred to in Section 7.3.
Positive outcome of the availability check
In the event that the Customer has chosen to pick up the Products at the Boeris Bikes Sales Point,
I) within 3 days of receipt of the Customer’s Purchase Proposal, Boeris Bikes sas will send an e-mail of acceptance of the Purchase Proposal, communicating any negative outcome of the availability check.
II) Within 2 days of sending the e-mail of acceptance of the Purchase Proposal, Boeris Bikes sas will notify the Customer of the day he/she will be able to go to the Sales Point, located in Strada Comunale di Mirafiori 2, Turin, to collect the Products and paying with the payment methods available at the Sales Point. The Product will remain in stock at Boeris Bikes sas Sales Point for 5 (five) working Days from the date the Product is available as above. After such last deadline, Boeris Bikes sas will have the right to declare the related Contract terminated and ineffective and, in such a case, Boeris Bikes sas will have the right to resell the Product.
4.2.3 Payment methods at the Boeris Bikes sas sales point:
b) POS *: credit card/ debit card / cash card
American Express network is not accepted.
* POS managed by CRAsti bank
4.3 Contract conclusion
If a product is marked in the relevant datasheet as “available”, the Contract must be considered concluded at the time of the receipt by the Customer of “Completed Order” sent by e-mail and, after the positive check of the regularity of the payment of the amount by the Customer.
Having settled all of the above, the Customer acknowledges and agrees that:
(1) If the Contract concluded as above stipulates the delivery of the Product to the Boeris Bikes sas Sales Point selected by the Customer in the Purchase Order, such Contract shall be deemed as concluded by the Customer with Boeris Bikes sas, the latter therefore will be acting as the Seller of the traded Product (as well as the Supplier of any Services purchased by the Customer).
The ownership of any Product purchased by a Customer under the Contract will be transferred to the Customer only upon the full payment by the latter of the amount due for the purchase of the Product. It follows that Boeris Bikes sas will deliver the Product only after receiving the full payment of the amount due by the Customer.
4.4 Updates about the status of the Order
Boeris Bikes sas reserves the right to provide the Customer with updates regarding the status of execution of the order in accordance with article 4.3.
(1) For Contracts stipulating the home delivery of the Products purchased (to an address specified by the Customer), Boeris Bikes sas will communicate the following status of the Purchase Order:
– Order Completed, meaning that the Products related to the Purchase Order (refer to 4.2.2) have been shipped to the address indicated. Whenever possible in the order display on the user control panel and specifically in the order section, it will be possible to see the shipping code.
(2) If the Purchase Orders stipulates the delivery of the Products to the Boeris Bikes sas Sales Point in Strada Comunale di Mirafiori 2, Turin, Boeris Bikes sas will notify the Customer when the Order is AVAILABLE FOR PICK UP, meaning that the Products related to the Purchase Order are available for pick up at the Boeris Bikes sas sales point.
5.1 Products on offer
Any purchase by the Customer of Products with the wording “offer” and/or explicitly referred to as “super offer” (or synonyms) may be subject to a purchase limit of one item per customer per day.
For some special promotions the Customer should refer to the relevant regulations indicated on the Website.
The prices of Products published on the Website are inclusive of VAT and do not include any charges for Services that may be required by the Customer.
A) Italy and CEE countries
The prices of the products displayed on the Webite are inclusive of VAT (Italian VAT, in force) which is calculated and added to the net price of the products. Product price net of VAT + VAT applied in Italy is the formula applicable to shipments in Italy and CEE countries.
B) Non-EU countries
Prices for purchases and direct dispatches to customers residing outside the European Community (extra EU) are to be understood net of VAT and customs duties. Local VAT and any customs duties will be borne by the recipient and will be requested by the shipper when the goods are delivered.
Purchases of the Products, as illustrated and described on the Website in the relevant product datasheets, as well as of the Services, are made by the Customer at the price in force at the moment of sending the Purchase Order, this price will anyhow be displayed on the Website as well as within the Purchase Order.
Having settled all of the above, Boeris Bikes reserves the right to change at any time, at its sole discretion and without notice, the price of the Products and Services on the Website, therefore without providing any warranty as to the fact that the sale price of the Products or Services remains available on the Website or unchanged for a certain period of time. By contrast, and for clarity, any price in force at the time of receipt by Boeris Bikes sas of a Purchase Order or a Purchase Proposal will remain unchanged and unalterable between the parties.
5.3 Products description
The technical datasheets of the Products on the Webite (and therefore the description of the functions and features of each Product) are directly written by the manufacturer of each Product concerned.
For this reason, Boeris Bikes sas disclaims any liability for any errors in the technical datasheets and/or any inaccuracies and/or for any inconsistencies between the Products descriptions and the actual functions and features of the Products themselves; the pictures and photos used with each Product datasheet are merely indicative and may not be perfectly representative of the features of the Product itself, which may differ in color, size, or accessories not included in the image and the photos used for the Product.
6.1 Payment in case of pick-up at the Boeris Bikes sas Sales Point located in Strada Comunale di Mirafiori 2 – Turin
The Customer who has chosen to pick up the Products at the Boeris Bikes Sales Point indicated on the Website, may only pay at the Boeris Bikes sas Sales Point through the means of payment made available by the Boeris Bikes Sales Point (refer to 4.2.3) and will have to pay the amount of the related Purchase Order or the Purchase Proposal accepted.
6.2 Payment in case of home delivery
The Customer who has decided to receive the Product at home may pay with either (1) Credit Card, or (2) PayPal, or (3) European Bank Transfer.
6.3 Payment Methods
(1) Credit Card
For home delivery of the Product, if the Customer has chosen to pay by a credit card among those available and indicated on the Website (only those accepted by Paypal), at the time of forwarding the Purchase Order or the Purchse Proposal, the Customer is directed to PayPal’s secure payment page where, if he/she does not have a Paypal account, he/she will have to enter the details of his/her debit/credit card with which to pay.
Boeris Bikes sas will not send any e-mail to the customer with the outcome of the transaction.
The amount due is received by Boeris Bikes sas at the time of the transaction, in advance of issuing the relevant invoice if requested in accordance with the procedure indicated on the Website.
For a Purchase Order or a Purchase Proposal to be confirmed (subject to the procedure provided for in article 4 above), the Customer must provide a reference telephone number where to be contacted on in order to allow Boeris Bikes sas any checks necessary for the security of the transaction; otherwise Boeris Bikes sas reserves the right not to accept the Purchase Order or the Purchase Proposal. At no time during the payment process, Boeris Bikes sas is able to know information about the credit card, credit card number, or financial, patrimonial and personal information of the Customer. In fact, the payment order is transmitted – via a secure connection – directly to the PayPal portal.
Boeris Bikes sas is under no circumstances liable and may not be held liable for any fraudulent and unlawful use of credit cards that may be made by third parties during the purchase and payment process of the products.
Boeris Bikes sas reserves the right to not accept Purchase Orders or Purchase Proposals or to suspend the execution of Contracts already concluded in case of anomalies or irregularities in the payment. In such a case, Boeris Bikes sas reserves the right to request additional information from the Customer and/or the sending of copies of documents proving the ownership of the credit card used for the purchase. In the absence of the required documentation, Boeris Bikes sas reserves the right to not accept the Purchase Order or the Purchase Proposal or to terminate any Contract already concluded without giving any right to the Customer to claim damages or to claims.
For home delivery of the Product, if the Customer has chosen to purchase through the PayPal payment method, at the end of the order, the Customer is directed to the PayPal payment page. The amount due by the Customer in respect of each Purchase Order or each Purchase Proposal and the amount due is received by Boeris Bikes sas at the time of the transaction in advance of issuing the relevant invoice if requested in accordance with the procedure indicated on the Website.
For each transaction executed through PayPal, the Customer will receive a confirmation e-mail from PayPal.
Boeris Bikes sas reserves the right not to accept Purchase Orders or Purchase Proposals or to suspend the execution of Contracts already concluded if PayPal reports anomalies or irregularities in the payment. In such a case, Boeris Bikes sas reserves the right to request additional information from the Customer and/or the sending of copies of documents proving the ownership of the credit card used for the purchase. In the absence of the required documentation, Boeris Bikes sas reserves the right to not accept the Purchase Order or the Purchase Proposal or to terminate any Contract already concluded without giving any right to the Customer to claim damages or to claims.
(3) European Bank Transfer
Boeris Bikes sas reserves the right to dispatch the Purchase Order or Purchase Proposals only when the amount due has been credited to the account of Boeris Bikes sas and therefore only when the transaction is definitively concluded.
Payment must be made within 4 days of the order date. After such deadline, the order will be automatically cancelled.
If you choose to pay with European Bank Transfer the details are as follows:
Boeris Bikes sas of Del Gatto Pietro & C., Strada Comunale di Mirafiori 2, – 10135 – Turin
Bank CASSA DI RISPARMIO DI ASTI S.p.A.
Branch ORBASSANO | VIA TORINO, 8 | 10043 ORBASSANO TO
IBAN (electronic) IT06Z0608530680000000020913
IBAN (on paper) IT06 Z060 8530 6800 0000 0020 913
BBAN Z 06085 30680 000000020913
6.5 Payment Security
For payments made on-line, the data provided by the Customer are transmitted in a safe mode that prevents others from reading it.
The application software used to manage the website ciaobikeitaly.com is with the Secure Socket Layer (SSL) protocol. To make sure you have a secure connection, you must use a browser such as Internet Explorer (5.x and following versions), Netscape Navigator (4.x and following versions), Mozilla Firefox (1.x and following versions), Opera, Safari or Chrome able to transfer encrypted data.
To know if you are in a secure connection, just check that there is the “https” prefix instead of “http” in the address page, and that the lock image visible in the browser’s bottom bar is “closed”. The connection established between User and CiaoBikeItaly.com is of https type.
In addition, please note that credit card details are handled by directing the customer to the PayPal login page to enter the credit card credentials with which the payment will be made. Until then, the data is stored exclusively on the Customer’s computer.
7.1 In general
Boeris Bikes sas delivers Products generally and predominantly on the territory of the European Union.
The Customer (whether Registered Customer or Guest Customer) must however specify in the Purchase Order or in the Purchase Proposal a delivery place for the Products.
The purchased Products will be delivered:
– to the address indicated by the Customer in the Purchase Order or in the Purchase Proposal;
– to the Boeris Bikes sas Sales Point located in Strada Comunale di Mirafiori 2 Turin.
7.2 Home delivery or pick-up at a Boeris Bikes sas sales point
Delivery and stock times
Products indicated as “available” will be delivered at home (or made available at the Boeris Bikes sas Sales Point if selected by the Customer in the Purchase Order) within the approximate and non-binding deadline indicated in the relevant product datasheet and/or in the confirmation e-mail of the Purchase Order and anyhow no later than 10 (ten) working Days from the sending of the confirmation e-mail of receipt of the Purchase Order, referred to in articles 4.2.1. and 4.2.2.
Positive Outcome of the Availability check
If the Customer has chosen to pick up the Products at the Boeris Bikes Sales Point:
I) Within 3 days of receipt of the Customer’s Purchase Proposal, Boeris Bikes sas will send an e-mail of acceptance of the Purchase Proposal, communicating any negative outcome of the availability check.
II) Within 2 days of sending the e-mail of acceptance of the Purchase Proposal, Boeris Bikes sas will notify the Customer of the day he/she will be able to go to Sales Point , located in Strada Comunale di Mirafiori 2, to pick up the Products and and pay with the payment methods available at the Sales Point. The Product will remain in stock at Boeris Bikes sas for 5 (five) working Days from the date the Product is available as above. After this last deadline, Boeris Bikes sas will have the right to declare the related Contract terminated and ineffective and, in such a case, Boeris Bikes sas will have the right to resell the Product.
In any case, according to article 61, paragraph 1 of the Consumer Code, Boeris Bikes sas will deliver within thirty days, counting from the day after the Customer has sent the Purchase Order to Boeris Bikes sas.
If the Products are not delivered within the peremptory terms indicated in the preceding paragraphs, Boeris Bikes sas will contact the Customer providing information on the status of the shipment, having settled that the Customer has the right to be refunded and to the additional rights provided for in article 61, paragraphs 3-7 of the Consumer Code.
If multiple Products of different type are purchased, Boeris Bikes sas reserves the right to deliver individual Products with different times and deliveries. This choice of Boeris Bikes sas will not incur any cost increase for the Customer. The Customer is required to verify, upon receipt of the ordered Products:
(a) if the number of packages delivered corresponds to that indicated on the transport document;
(b) if the packaging is intact;
(c) if the Product delivered conforms to the Purchase Order or the Purchase Proposal made.
The Customer must sign the delivery note indicating ”subject to checking the integrity of the products”; if this is not the case, the Customer will not be able to challenge later the non-conformance of the Product and its quantity compared to what is ordered.
If the Product will be picked up at the Sales Point, Boeris Bikes sas will notify the Customer by e-mail of the date from which the Product may be picked up at the Boeris Bikes sas Sales Point, referred to in 4.2.2 above. The Product will remain in stock at Boeris Bikes sas for 5 (five) working Days from the date the Product is available as above. After this last deadline, Boeris Bikes sas will have the right to declare the related Contract terminated and ineffective and, in such a case, Boeris Bikes sas will have the right to resell the Product. The Customer will not receive any e-mail at the end of the 5 (five) working days during which the product was available.
For home deliveries the Customer may choose some Services and in particular:
For home delivery the Customer will be able to choose the following additional payment services as indicated in the shopping cart:
– Express delivery;
The invoice (when requested) for purchases of Products (and related Services), delivered at home will be placed within the box containing the products. Refer to 5.2.
However, for products picked up at the Boeris Bikes sas Sales Point, the invoice (when requested) will be given directly to the Customer at the Boeris Bikes sas Sales Point itself.
No change in the invoice will be possible after issuing the invoice.
For Orders with Multiple Products, separate invoices may be issued on the basis of the shipments actually made. In any case, the invoices will be issued by Boeris Bikes sas at the time of shipment of the products.
To the price of the Product purchased by the Customer for which home delivery is required, an amount will be added as a shipping cost. This amount is automatically calculated from the Website system, taking into account, among others, the weight and dimensions of the Products, and taking into account the destinations related to the delivery location. This amount will be indicated in the Purchase Order and in the Purchase Proposal before being sent by the Customer.
We remind you that there may be cost variations for remote or disadvantaged areas. For these particular areas you can receive a request for an integration of the cost of transport.
The cost of delivery is always borne by the buying recipient and at his/her own risk. Boeris Bikes sas reserves the right to not respond for damage or loss of uninsured product during its shipment.
The law does not charge the on-line vendor with this objective liability, during the shipment of the product.
Electronic trade contracts, for the nature of such transactions, end at the time and place of the beginning of the execution, that is by passing the product from the seller to the carrier – the courier who will handle the shipment.
Article 1327, paragraph I of the Civil Code therefore applies to electronic trade contracts.
Pick up at Boeris Bikes sas: located in Strada Comunale di Mirafiori 2, Turin: in such case, the product will be picked up at Boeris Bikes sas Sales Point and no shipping charges will be added.
Not all the Products of the range on the Website may be available for pick-up at the Boeris Bikes sas Sales Point.
7.3 Lack of Product availability
If a Product marked as “available” is not available and for which the Customer has made the payment at the time of the Purchase Order, Boeris Bikes sas will inform the Customer by e-mail within 3 working days from the receipt of the Purchase Order, and within the same deadline, Boeris Bikes sas will refund the sum paid through the same means of payment used for the purchase, informing the Customer of the timing normally required for the refund. Refer to the previous section 4.2.2. Boeris Bikes sas will also send a 5% discount voucher that can be used for all of the Products available on the Website, excluding the “super sale” products, notwithstanding the damage suffered by the Customer.
If a Product marked as “available” is not available and for which the Customer has chosen the option of pick-up at the Sales Point, Boeris Bikes sas will inform the Customer by e-mail within 3 working days from the receipt of the Purchase Order and will send a 5% discount voucher that can be used for all of the Products available on the Webite excluding the “super sale” products.
All Products purchased through the Website are covered by the legal conformity guarantee according to the Consumer Code and the Civil Code as applicable.
For each Product purchased by a Professional Customer (ie a physical or legal person that acts in carrying out his/her own business, commercial, craftsmanship or professional activity, or his/her intermediary), the latter will benefit of the warranty for defects in the sold goods, as in article 1490 and following of the Civil Code; the action of the Professional Customer to enforce the warranty for defects shall be filed 1 (one) year after the delivery of the Product purchased and the related defects shall be filed within the terms of article 1495 of the Civil Code.
For each Product purchased by a Consumer Customer, the latter will freely benefit of the Legal Conformity Guarantee (“Legal Guarantee”) in accordance with articles 128 and following of the Consumer Code.
The Seller’s Legal Guarantee applies to defects of conformity that occur within 24 months of the date of delivery of the Product and are reported by the Customer within two months of the date of the discovery of the defects, in accordance with article 132 of the Consumer Code.
It should be noted that a defect of conformity exists when one of the following situations occurs: (i) the product is unsuitable for the use it is intended to serve on a regular basis; (ii) it does not conform to the description or does not have the qualities promised by the seller; (iii) it does not offer the usual quality and performance of goods of the same type; (iv) is not suitable for the particular use intended by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.
The Consumer Customer will in any case be entitled to the rights deriving from the above-mentioned Legal Guarantee, irrespective of the subscription to other conventional, free or paid, warranties.
Remedies available to the Consumer Customer
If a lack of conformity occurs, the Consumer Customer may request, if he/she decides, to the repair of the Product or its replacement, unless the remedy requested is objectively impossible or overly burdensome with respect to the other, in accordance with the provisions of article 130, paragraph 4 of the Consumer Code.
In particular, a remedy is to be considered overly burdensome if it imposes on the seller unreasonable expenses compared to the other, taking into account: (i) the value that the good would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be experienced without significant disadvantages for the Customer.
Boeris Bikes sas, in order to offer a high-level and absolutely transparent post-sales service, voluntarily undertakes to repair or replace the defective Product within 60 (sixty) days from the request for assistance in warranty. Alternatively, the Consumer Customer may request, if he/she decides to, a reasonable price reduction or the Contract termination, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Boeris Bikes sas has failed to repair or replace the Product within 60 (sixty) days; (iii) the replacement or repair previously carried out has had significant disadvantages. A minor lack of conformity for which it was not possible or it is excessively expensive to experience the remedies offered by repair or replacement, does not entitle to terminate the contract.
Boeris Bikes sas reserves the right to replace or repair the Product within 60 days for the countries of the European Community. For non-CEE countries, this commitment will not be valid with the set deadlines.
After Boeris Bikes sas has received the complaint of lack of conformity, it reserves the right to offer any possible remedies to the Customer Customer, with the following effects:
(i) if the Consumer Customer has already requested a specific remedy, Boeris Bikes sas will be obliged to enforce it, with the necessary consequences referring to the end of the 60 (sixty) days period mentioned above, unless the Consumer Customer accepts the alternative remedy proposed;
(ii) if the Customer has not already requested a specific remedy, he must accept or reject the proposal by choosing one of the remedies provided for by law.
Cases of exclusion of the Legal Guarantee
The Consumer Customer will not be entitled to repair, replace, reduce the price or terminate the Contract in respect to any Product or any component identified as defective if, unless otherwise provided for and in accordance with the applicable law:
(i) the Products have been repaired or altered by persons other than the manufacturer, Boeris Bikes sas, or any other authorized person; and/or
(ii) the lack of conformity of the Product or Products has occurred beyond the 2 (two) years period after the delivery of the Product itself and/or the relative repair or replacement of the defective Product or Products has been filed 2 (two) months after the discovery of the defect; and/or
(iii) defects are due (in part or solely) to misuse, improper use, or storage, or maintenance, or installation, carried out by persons other than the manufacturer, Boeris Bikes sas, or any other authorized person – or failure to follow the instructions provided by manufacturer, or other instructions provided by Boeris Bikes sas together with the delivered Products; and/or
(iv) at the moment of the conclusion of the Contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and/or
(v) the lack of conformity derived from instructions or materials provided by the Consumer Customer.
Operating Modes to Claim the Legal Guarantee
The Legal Guarantee shall be enforceable directly against Boeris Bikes sas, if the latter acts as defective Products Seller, and specifically in the case of sale of Products for which the related Contract stipulates the home delivery of the Product (at the address indicated by the Customer), at the carrier’s warehouse, or at the Boeris Bikes Sales Point selected by the Customer in the Purchase Order.
The Legal Guarantee can be enforced:
(i) At the Sales Point. The Customer -with the Product and the documentation that certifies his purchase- can go directly to the Boeris Bikes sas Sales Point where the defective Products have been collected and contact the staff who will be available to provide all the necessary assistance related to this case.
The staff of the aforementioned Sales Point will take in charge the Product for which the Customer complains of a defect of conformity and will provide him with the “repair sheet”, a document certifying the taking in charge of the Product, which contains all the indications and references about the procedure to be followed to benefit, if applicable, of the Legal Guarantee.
(ii) By telephone or by e-mail. Alternatively, the customer may contact the Sales Point by telephone, or contact the Customer Service by phoning: 011-341210.
The member staff will provide the Customer with the necessary information regarding the conditions and procedures for benefiting of the Legal Guarantee.
As appropriate, in order to repair the sold Products or to assess the conditions for their replacement under warranty, Boeris Bikes sas usually avails itself of specialized technical assistance centers, such as Service points for manufacturers or importers of products, having settled the responsibility of the person acting as Seller of the defective Product, who will always be directly responsible for the Legal Guarantee service.
If the Contract for the Purchase of Products and Services is concluded by a Consumer Customer, the latter shall have the right to withdraw from the Contract itself, in accordance with article 52 and following of the Consumer Code, without any penalty and without specifying the reason.
Exclusion of the right of withdrawal
The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply to Contracts concluded with Professionals Customers, who are Customers having a VAT number.
The Registered Customer is responsible for the saving and proper use of all the e-mails, user names, nicknames and passwords used to connect to the Website, and must take all necessary steps to ensure that they are used properly, and that usernames and passwords are kept secret and not revealed to any unauthorized person; therefore the user will also commit to the choice of secure and effective passwords, containing numbers and special characters, in order to avoid intrusion into accounts.
The Registered Customer is responsible for any activity that is executed through his/her own account and is responsible for any damages resulting from improper use of his/her own access data by third parties.
The Registered Customer must immediately notify Boeris Bikes sas if there are any reasons to believe that a username (or e-mail) or password is, or is likely to be, known by someone who is not authorized to use them or if it is likely for them to be used in an unauthorized manner.
If a Registered Customer forgets or loses his/her username, he must contact Boeris Bikes sas and carry out the security checks provided by Boeris Bikes sas.
Boeris Bikes sas reserves the right to suspend username (or e-mail), nickname and password to access the Website if it believes there is -or is likely to be- a security issue or an unauthorized use of those.
The Registered Customer is responsible for the truthfulness of the information and personal data provided at registration. The Registered Customer must immediately inform Boeris Bikes sas of any change in the information and personal data provided at the time of registration or arrange directly, if possible, to update them, so that such information and personal data are constantly current, accurate, complete and truthful. If Boeris Bikes sas is provided with, or Boeris Bikes sas has the reasonable suspicion to have been provided with, false or inaccurate or incomplete information or personal data, Boeris Bikes sas will have the right to prevent the use of the Website by the Registered Customer.
The Website, Products, Services and functions made available or purchased through the Website are provided solely for the personal use of the Customer. The Customer may not resell or attempt to resell Products, Services, Content or functions made available or purchased through the Website to any third party, nor use the Website to engage in any commercial or business activity, including advertising, promotion, placement or any other form of marketing of Products, Services or Content made available through the Website, without the prior written consent by Boeris Bikes sas.
The Customer shall not copy, modify, transmit and distribute externally, publicly display, download, print or publish any part of the Website or its Contents for commercial purposes. The Website may only be used for the Customer personal purposes and in accordance with this Contract.
The user may not modify or vary the editing, graphics, lay-out or “look and feel” of any web page within the Website, meaning that these will be defined by Boeris Bikes sas or on behalf of Boeris Bikes sas at its sole discretion. Boeris Bikes sas will have the right to insert its trademark, trade name, logo, ideogram, or any other distinctive sign of Boeris Bikes sas or third parties, and to place advertising banners, hyperlinks or other forms of advertising at its sole discretion within each web page in the Website.
The customer shall not exploit or use the Website, or any Content, in such a way as to cause any damage to Boeris Bikes sas or third parties. In particular, the Customer is obliged to refrain from using the Website or its Contents to engage in competitive activities, or in any way to harm or damage the interests, including economic interests, or the image of Boeris Bikes sas, of other Customers or third parties.
The user is solely responsible for evaluating any Product or Service present on the Website.
Boeris Bikes sas assumes no responsibility for the personal data or information or other content that may have been sent, disseminated, uploaded or downloaded by the Customer or by any third party through the Website. If the Website allows the Customer to comment or leave opinions about Products, Services or functions made available through the Website, the Customer undertakes to ensure that these comments or opinions are specifically related to the activity of the commented business operator and refer to specific and detailed facts. Having settles this, Boeris Bikes sas reserves the right to not disclose, remove from the Website or modify without any need to notify, any content made available by the Customer, of which it has become aware, as well as any other content posted by any third party that constitutes or may constitute a breach of this Contract, or of statutory laws. or of third party rights, or in cases where Boeris Bikes sas believes in good faith that such information or content constitutes a breach of this Contract or of the law.
The user must retain Boeris Bikes sas undamaged free from any claim or legal action initiated or threatened against Boeris Bikes sas by a third party as a result of the Website or its functions being used by the Customer in breach of this article or in breach of any other provision of this Contract.
Intellectual property rights related to the Website, to the Boeris Bikes sas or Ciaobikeitaly trademarks, or to the Content are and remain the exclusive property of Boeris Bikes sas or its licensors.
The Customer is expressly prohibited from copying, modifying, creating works derived from, or based on the Website, the Content, Brand, or Software.
The Customer is expressly prohibited from downloading, copying, reproducing, duplicating or otherwise using or distributing the Boeris Bikes sas brand or any trademark, trade name, logo, ideogram, or any other distinctive sign related to Boeris Bikes sas or its products.
The information provided in accordance with article 13 of Legislative Decree 196 of 30 June 2003 (Personal Data Protection Code) is to be considered an integral part of this Contract.
Boeris Bikes sas reserves the right to make, at any time, at its sole discretion, any modifications, additions and/or updates that will be deemed necessary and/or, simply, appropriate to the Website, to its contents, the programs and/or other materials contained and/or available through the Website itself (including these General Terms and Conditions).
For sake of clarity, any modification and/or upgrade made as above, will not affect the Contracts already signed with Customers before making these modifications or updatings.
In the event of the declaration of nullity, invalidity or inefficiency, in whole or in part, of any provision of this Contract by any competent court, supervisory authority or administrative authority, the remaining provisions of this Contract shall not be affected.
Any communication related to the present General Terms and Conditions or, in general, to any Contract signed with Boeris Bikes sas must be sent by standard mail or e-mail to the following contact details:
c/o Boeris Bikes sas
Strada Comunale di Mirafiori 2
10135 Torino (Italy)
For telephone assistance, please call 011 341210 from Monday to Saturday (excluding holidays) from 9 am to 12 pm and from 3 pm to 6 pm.
If there is a problem with connecting to the Website during the order process, any Products already selected by the Customer will be stored in the “Trolley” section and the Customer, upon restoring the connection, may return to the Website and complete the order process.
The Contract is governed by the Italian law.
Any dispute regarding the validity, effectiveness, interpretation or execution of each Contract, as well as, in general, related to the Website navigation by the Customer or the use of any functionality made available to the Customer through the Website, will be exclusively under the responsibility of the Turin Court, except for the mandatory court of the place of residence or domicile of the Customer, acting as Customer Consumer, in accordance with the Consumer Code.
CiaoBikeItaly.com respects the highest level of transparency for its customers and, in addition to channels and support services, for customers residing in the EU, Norway, Iceland, Liechtenstein Boeris Bikes sas uses the European Dispute Resolution System.