1. 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”).
Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
The language used to enter any contract through this Website is English.
Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions shall in any case be sent to the Client by email, as set out in Paragraph 7 of these General Conditions. Contracts with the Clients will be archived by Biciclista with access for the Clients via the Website through their account.
Contracts entered into with Biciclista (as defined below) through the Website are governed by Italian law.
2. 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”).
3. information on products and their availability
Information on Products, along with the relevant product codes, are available on the Website.
The Products available on the Website are strictly made in Italy. Depictions of the Products displayed on the Website may not correspond to their actual appearance. For any further information the Client may contact us.
All the Products are subject to availability. Biciclista reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. 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.
Any order can contain 15 items maximum. Biciclista can’t ever be consedered reponsible for the unavailability of ordered products or for any delay in its delivery.
The prices of the Products are indicated on the Website in EURO and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
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.
The information displayed on the Website does not represent an offer by Biciclista.
The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
If Clients need to correct any errors in data they have entered, they should follow 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.
6. method of payment
Clients may pay for the Products and the relevant delivery charges by credit card or by bank transfer.
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 impossible to debit amounts due from the Client from, the transaction shall be stopped and the sale cancelled.
7. conclusion of the contract
The contract between Biciclista and the Client shall be deemed to be executed at the moment that the Client receives confirmation from Biciclista that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card or in the case of payment by bank transfer, confirmation of the receipt of the bank transfer in cleared funds has been received by Biciclista. The Client’s order proposal shall be binding on Biciclista when the Website purchase procedure is completed without error.
Biciclista reserves the right to partially fulfil 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.
Biciclista shall not be liable for errors due to the Client’s connection to the Website.
At the moment of confirmation of the order or execution of the contract, Biciclista shall provide the Client, by email, a summary of the General Conditions, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of cancellation, including information on the exclusion of the right of cancellation for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify Biciclista of any errors or omissions immediately.
7.5. As soon as the Client (or any nominated person different from him gets possion of the product, the risk of loosing or damaging the product swift to the Client).
8. invalidity of the order proposal
Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by Biciclista nor shall any contract be concluded between Biciclista and the Client if Biciclista has reasonable reason to believe that the Client:
(i) intends to purchase the Products for commercial or professional purposes;
(ii) is not a bona fide Client;
(iii) attempts to exercise a right of cancellation in any illegitimate manner.
In such cases, the order proposal sent by the Client shall be void and have no effect. Biciclista shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
9. transport and delivery
For security reasons, Products purchased from the Website shall be delivered to the address registered on the credit card unless otherwise indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery.
In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Biciclista.
For each order, Biciclista shall invoice the Products by email or by post 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 (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, from the day after order proposal confirmation, on the basis of the indicated availability. Biciclista is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
In all cases, except those of events beyond the reasonable control of Biciclista or unforeseeable circumstances, for European countries products shall be delivered within 10 (ten) days from the day following that of the contract conclusion as per Paragraph 7.1 above 20 (twenty) for extracee countries, unless Biciclista notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, Biciclista shall reimburse any sums paid by the Client in respect of the order.
In the event that, in response to Biciclista’s notification of a delay in the delivery, 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, which are subject to Paragraph 12 below.
The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
10. 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.
11. wrapping or packaging
Products purchased from the Website are delivered with the same Biciclista standard packaging as provided in Biciclista stores.
12. personalised products
In accordance with the Consumer Protection Regulation the right to cancel, which would otherwise be available, does not apply to orders for personalised Products, such as, for example, those with the Client’s initials printed on the Product. The Client is aware that images on the Website do not necessarily correspond to reality: images and photographs of the engraving may not reflect the actual appearance of the final product.
13. right of cancellation of orders
Biciclista seeks the complete satisfaction of its Clients. The Client has the right to cancel or correct the contract by returning the Products purchased from the Website within 14 (fourteen) working days of the date the Products were received. This applies to all Products other than the personalised ones, which are subject to Paragraph 12.
To exercise the right of cancellation, the Client should email the following firstname.lastname@example.org
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 shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.
Biciclista reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 15 “Lack of conformity” shall apply. Reimbursements shall be made by the same method of payment used for purchase.
The cost of returning the Products shall be borne by the Client, unless differently communicated in writing to Clients. Any cost sustained by the Client in the return of Products is not refundable.
Each delivery shall contain simple instructions for the return of the Products.
Biciclista undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order.
Biciclista shall send a notification email once the reimbursement has been made.
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 email@example.com 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.
14. 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 firstname.lastname@example.org, following the procedure set out in Paragraph 13 above.
The Product to be replaced must be received by Biciclista in its original conditions as when delivered, as provided in Paragraph 13.3.
Under the replacement procedure, the amount paid by the Client shall firstly be reimbursed, through the payment system used by the Client for the purchase, as set out in Paragraph 6, before the new transaction can be made.
To replace a Product, Clients must fill in the form provided with each delivered Product, clearly indicating the code and the size of the new Product that the Client wishes to receive.
The placement of the new order is subject to the availability of the Products requested.
Delivery costs for the return of the Product are borne by the Client.
In the event that the Client is seeking replacement due to lack of conformity pursuant to Paragraph 15 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge.
15. lack of conformity
If a Product sold by Biciclista has 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 email@example.com
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.
16. 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.
17. 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.
18. Biciclista’s liability
Subject to Paragraph 18.2, Biciclista will not be liable under these General Conditions for any loss or damage caused by Biciclista or its employees or agents in circumstances where:
18.1.1. there is no breach of a legal duty of care owed to the Client by Biciclista or by any of Biciclista’s employees or agents;
18.1.2. such loss or damage is not a reasonably foreseeable result of any such breach and so is an indirect or consequential loss, and
18.1.3. any increase in loss or damage results from breach by the Client of any term of these General Conditions.
19. applicable law and competent jurisdiction
These General Conditions are governed by Italian law and shall be interpreted in accordance with Italian laws.
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: firstname.lastname@example.org
You can reach Biciclista.eu by mail at: BERNOCCHI SNC – 26039 Vescovato CR, Italy.
All other information requests can be sent to the following address email@example.com