Terms of Sale

Terms and Conditions of Cicli Francesconi snc

Users who use the Services offered by Cicli Francesconi declare that they know and accept these general contract conditions.

Owner of Cicli Francesconi and related Services

Cicli Francesconi snc, hereinafter franesconibike.com
Via Libertà 23 – 26010 Salvirola (CR)
C.F./VAT No.: IT 01041030196 
ecommerce@francesconibike.com

Information about francesconibike.com

Francesconibike.com is the official website of Cicli Francesconi snc and through the site, the User can search for information on the brands handled and purchase products online.

Content provided by the User

Users are responsible for their own and third-party content they share on franesconibike.com, through uploading, content insertion, or any other means. Users indemnify the Owner from any liability related to the unlawful dissemination of third-party content or the use of franesconibike.com in ways contrary to the law.

The Owner does not perform any moderation of content published by the User or third parties but commits to intervene upon reports from Users or orders issued by public authorities regarding content deemed offensive or unlawful.

Rights on content provided by Users

The only rights granted to the Owner regarding content provided by Users are those necessary for the operation and maintenance of franesconibike.com.

Content provided by third parties

The Owner does not perform any prior moderation on content or links provided by third parties shown on franesconibike.com. The Owner is not responsible for such content and its accessibility.

Registration

To use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the registration form and fully accept the privacy policy and these general conditions. The User is responsible for safeguarding and keeping their access credentials confidential.

Purchase

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and the discretionary acceptance of the Owner.
The User must select the products and proceed to check-out, after carefully verifying and possibly modifying the information contained in the order summary. The order is placed by confirming it and is subject to the payment of the price, taxes, and shipping and payment fees indicated in the order summary form.

The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded at the time of sending the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order by notifying the User within 15 days of purchase, at the email address associated with their purchase, of the possible unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.

For Italy, the invoice request must be made at the time of order. In the absence of a specific indication, a receipt will be issued and it will not be possible to request the invoice later.

Product Availability

Prices, descriptions, or availability of displayed products are subject to change without notice. The photos provided are indicative and do not constitute a guarantee of the quality of the products.

Order Execution

The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
The Owner cannot be held responsible for damages suffered by the User due to delivery delays that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery

Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary.
Check goods and packaging upon delivery. Report any problems on the transport document and sign with reservation.
Send a written complaint within one day to the courier, with a copy to Cicli Francesconi.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products but not the shipping cost. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in filling out the purchase order by the User, for damages that may have occurred to the Products after delivery to the carrier, if the latter was chosen and appointed by the User, or for delays in delivery attributable to the latter.

Right of withdrawal

In case of purchase of products or services on franesconibike.com, the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User must inform the Owner of the decision to withdraw through an explicit statement sent to the indicated contacts.

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner, including delivery costs (except for additional costs resulting from the choice of a delivery type other than the least expensive standard delivery offered), will be refunded without undue delay and in any case no later than 14 days from the day the Owner is informed of the User's decision to withdraw from this contract. Such refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such refund. The refund may be suspended until the goods are received or until the User has provided proof of having returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which they communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiration of the 14-day period. The costs of returning the goods will be borne by the User. The User is only responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Limitations on the right of withdrawal for products

Damaged or used products, even partially, are not replaced or refunded. The User must include a copy of the delivery document received inside the packaging box.
The right of withdrawal does not apply: to goods made to measure or clearly personalized or that, by their nature, risk deteriorating quickly, are sealed and not suitable for return for hygiene reasons or are related to health protection and have been opened after delivery.

Warranty

The consumer User has the right to a warranty on the conformity of purchased products and services. The warranty lasts 24 months from the delivery of the good, and the conformity defect must be reported to the Owner within 2 months of discovery.
To exercise the warranty right, the User must send an email to the Owner mandatorily indicating the order number and an accurate description of the defect (it is recommended to also attach photographic material).
All elements are essential and will be verified by the Owner before responding to the User.
If a product non-conformity defect is ascertained, the User has the right to obtain, upon returning the defective product to the Owner, its repair or replacement. The User also has the right to request from the Owner a reasonable price reduction or contract termination if repair and replacement are impossible or excessively burdensome, the Owner has not repaired or replaced the good within a reasonable time, or the previously performed replacement or repair has caused significant inconvenience to the User.
To exercise the warranty right and for further information in this regard, the User must contact the Owner.

The Service is provided "as is"

The Service is provided by the Owner "as is", without any express or implied warranty for its accuracy or availability.

Service interruption

The Owner reserves the right to add, remove features or characteristics, or suspend or discontinue the provision of the Service, either temporarily or permanently. In case of permanent discontinuation, the Owner will act as possible to allow Users to retrieve their information hosted by the Owner.

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of franesconibike.com and its Services without the express permission of the Owner, granted directly or through a specific resale program.

Indemnity

The User agrees to indemnify the Owner (as well as any companies controlled or affiliated by it, its representatives, directors, agents, licensees, partners, and employees) from any obligation or liability, including any legal expenses incurred to defend in court, arising from damages caused to other Users or third parties, in relation to content uploaded online, violation of legal terms or the terms of these service conditions.

Privacy policy

For information on the use of personal data, Users must refer to the privacy policy of franesconibike.com.

Age requirements

Users declare that they are of legal age according to the legislation applicable to them. Minors may use francesconibike.com only with the assistance of a parent or guardian.

Limitations of liability

The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only when these constitute an immediate and direct consequence, due to intent or gross negligence, of the activity of franesconibike.com.

The User expressly exempts and releases the Owner from any liability, to the extent permitted by applicable law, in relation to any damages or claims of any kind and nature, own and/or third parties, including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data, or replacement costs arising from or related to this agreement.

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, notifying the User by publishing them within franesconibike.com.

The User who continues to use franesconibike.com after the publication of changes accepts the new Terms without reservation.

Contract assignment

The Owner reserves the right to transfer, assign, novate, or subcontract all or part of the rights or obligations arising from the Terms, provided that the User's rights hereunder are not prejudiced.

The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.

Communications

All communications related to franesconibike.com must be sent using the contact information indicated in the Contract.

Ineffectiveness and partial nullity

If any clause of the Terms is found to be null, invalid, or ineffective, that clause will be removed while the remaining clauses will not be affected and will remain fully effective.

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation, and validity of this contract are subject to the law, jurisdiction of the State, and the exclusive competence of the court where the Owner is based. An exception is the consumer's exclusive forum, if provided by law.

Online dispute resolution for consumers

Consumers residing in Europe should be aware that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool can be used by European consumers to resolve out-of-court any disputes related to and/or arising from contracts for the sale of goods and services concluded online. Therefore, if you are a European consumer, you can use this platform to resolve any disputes arising from the online contract concluded with the Owner. The platform is available at the following link.
The Owner is available to answer any questions sent via email to the email address published in this document.