General Sale Conditions

General provisions

These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of “Biciclista” products (hereinafter, “Products” or “Product”) carried out through the www.biciclista.eu website (hereinafter, “Website”).
The languages used to enter any contract through this Website is English and Italian.
Contracts entered into with Biciclista (as defined below) through the Website are governed by Italian law.

Identification of the vendor

The vendor is Bernocchi snc, with registered office at Via Reboani 4/A, 26039 Vescovato CR, Italy, VAT number 01191830197, Tax number: 01191830197 (hereinafter, “Biciclista”).

Information on products and their availability

Information on Products are available on the Website
The Products available on the Website are strictly made in Italy. Depictions of the Products displayed on the Website are of our products however subtle differences are possible therefore they may not correspond to their actual appearance. For any further information the Client may contact us.
The style, models and colours of the Products described on the Website may be changed without notice.During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.

Prices

The prices of the products indicated on the website are in EURO and inclusive of all applicable charges within EU. Delivery costs shall be added to the price of the Products and are indicated separately on the order form. Please note that For extra EU orders, additional customs duties and taxes might apply. The customer is responsible for their clearance.
Biciclista regularly verifies that all the prices displayed on the Website are correct, however Biciclista cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Biciclista shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.

Purchases

The essential characteristics and the price of each product are provided for each item displayed on the Website.
Before submitting an order proposal, clients should ensure that they read and understand all the instructions provided during the purchase procedure along with these “General Conditions”, because they will be bound by all of them once a contract comes into existence. To purchase a product, clients must fill in the on line order proposal and send it to Biciclista through the website. Clients must place the product in their “shopping bag” and, after having read and accepted these “General Conditions”, with particular regard to the delivery charges, as well as after having read the privacy policy statement, must select the desired payment method and choose the “place order” option.
If Clients need to correct any errors in the data they have entered, they should follow the process provided on the website, before sending their order proposal. In particular, clients may alter the quantity of products that they intend to purchase by adding or removing one or more products from their “shopping bag”.
By sending an order proposal to Biciclista, the client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these “General Conditions”.
Without prejudice to the use of data described in the privacy policy statement and subject to the express consent of the client, the order proposal and the client’s data related to that order proposal may be kept by Biciclista for the period required by applicable legislation.

Payment methods

Clients may pay for the Products and the relevant delivery charges by credit card.
Biciclista accepts payments made with the following credit cards: Visa, MasterCard, and with Paypal.
The transactions will be debited from the Client’s credit card only after: (i) the credit card data has been verified; (ii) the authorisation to debit the card has been received from the issuer of the card used by the Client, and (iii) the availability of the Product has been confirmed by Biciclista and the order is therefore ready to be fulfilled.
No debit shall be made at the moment of transmission of the order proposal.
Biciclista does not accept payments made by bank transfer.
In the event that, for any reason, it is not possible to debit amounts due from the client, the transaction shall be stopped and the sale cancelled. The client shall be informed of this at the earliest opportunity.

Conclusion of the contract

The contract between Biciclista and the client shall be deemed to be executed at the moment the client receives confirmation from Biciclista that his/her order proposal has been concluded successfully (sent through the Website).
Biciclista reserves the right to partially fulfill any order proposal in the event that one or more of the products ordered by the client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited. (In this case the client shall be informed of this at the earliest opportunity).
Biciclista shall not be liable for errors due to the client’s connection to the website.
At the moment of confirmation of the order Biciclista shall provide the client, by email, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment and,information on delivery charges.

Transport and delivery

For security reasons products purchased from the website shall be delivered to the address registered.
For each order, Biciclista shall invoice the products by email to the client. The invoice will be based upon the information provided by the client at the time of the order. No alterations to the invoice are possible after it has been issued.
Delivery charges shall be borne by the client and are indicated separately on the order form and invoice.
All purchases shall be delivered by a selected courier service between Monday and Friday excluding Saturdays, Sundays and local or national holidays. Biciclista is not responsible for delays that are unforeseeable and/or attributable exclusively by the Courier.
In the event that Biciclista’s gives notification of a delay in delivery and the client wishes to cancel the order, any amount already paid by the client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the client’s notification of cancellation of the order, with the exception of personalised products.
The client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the products by the courier. Any delay in delivery due to the clients unavailability to receive their order from the courier invalidates Biciclista's delivery terms.

Dispatching and delivery confirmation

Biciclista shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.

Right of cancellation of orders

Biciclista seeks the complete satisfaction of its Clients. The Client has the right to cancel or correct the order by returning the products purchased from the Website within 14 (fourteen) working days of the date the Products were received (except personalised items) . To exercise the right of cancellation, the client should email the following info@biciclista.eu
Customised items cannot be returned. According to our returns and refunds policy, we allow a refund or replacement only if the sold product is defective.
an indication of his/her intention to exercise the right of cancellation;
an indication of the products for which the client wishes to exercise the right of cancellation;
the order number.
Upon exercising the right of cancellation, Biciclista shall reimburse the full price of the products provided that they are returned by the client unworn, unused and undamaged, accompanied by the relevant original invoice and the original Biciclista packaging.
Biciclista reserves the right to refuse returns of Products that do not comply with these requirements. We have highly skilled seamstresses and a very stringent quality control system, however in the exceptional case of defective products Biciclista will send replacement product(s) or a total reimbursement will be made.
Biciclista undertakes to reimburse the client within 30 days of the date of receipt of the client’s notification of cancellation of the order.
It is recommended that the products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. Biciclista cannot be responsible for reimbursement or compensation of products returned but not received by Biciclista due to loss, theft or damage that is not attributable to Biciclista.
If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to info@biciclista.eu This e-mail must be sent before the client receives confirmation of dispatch by Biciclista.
Biciclista shall make every effort to satisfy the client’s request. however, once the product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions. This Paragraph does not affect your statutory rights as a consumer.
When returning, be sure that the product is well packaged and protected from damage during transport.
At our discretion, any damaged or soiled items not in their original packaging that are returned may not be fully refunded.

Replacement of products

Biciclista allows clients to replace products purchased on the website. To replace a product purchased on the website, clients should follow the procedure set out below.
Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the product itself in its original packaging, and immediately contact Biciclista by email at info@biciclista.eu.
The product to be replaced must be received by Biciclista in its original conditions as when delivered.
The amount paid by the Client shall be reimbursed through the payment system used by the client for the purchase.
To replace a product, clients must send an e-mail to info@biciclista.eu giving reasons for your returns.
Delivery costs for the return of the Product are borne by the Client.
We will look at your reason for return and inform you whether we will cover the return postage. If the fault is due to us, you will be informed by e-mail that we agree to cover the return cost. Any damaged or soiled items not in their original packaging that are returned may not be fully refunded.
The address needed to make your return(s) is listed below in "Contacts".
Customised items cannot be returned. According to our returns and refunds policy, we allow a refund or replacement only if the sold product is defective.

Lack of conformity

If a Product sold by Biciclista is believed to have manufacturing defects or in any case of alleged lack of conformity of Products sold by Biciclista, the Client must immediately contact Online Support by email to info@biciclista.eu
The client has the right to have the products brought into compliance free of charge by repair or replacement, or, in case of failure of one of the remedies above, to have an appropriate reduction made in the price of the products, or the contract cancelled.

Errors or inaccuracies

Biciclista undertakes to provide up to date information in the sections of the website relating to the description and/or sale of the products. However, Biciclista cannot guarantee the website will be error free. The website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the product or in the information provided on the product. Biciclista reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.

Guarantee of authenticity and intellectual property rights

Biciclista guarantees the authenticity of all products purchased on the website. Products bearing the Biciclista trademark are produced with the best materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY, with the sole exception of T-shirt.
The “Biciclista” trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the products, are and remain the exclusive property of the companies Biciclista.

Biciclista’s liability

These “General Conditions” are governed by Italian law and shall be interpreted in accordance with Italian laws.

Contacts

For assistance in purchasing online or more information about Biciclista products on biciclista.eu, you may contact the Biciclista Client Assistance team at the following e-mail address: info@biciclista.eu
Our address is: BICICLISTA - BERNOCCHI SNC – 26039 Vescovato CR, Italy.
All other information requests can be sent to the following address info@biciclista.eu

Contacts for US Customers

For assistance in purchasing online or more information about Biciclista products on biciclista.eu, you may contact the Biciclista North America Client Assistance team at the following e-mail address: info@biciclista.us
You can reach Biciclista.eu by mail at: BICICLISTA PDX, 2828 SE 70th Ave, Portland OR 97206
All other information requests can be sent to the following address info@biciclista.eu