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 terms and conditions.
Owner of Cicli Francesconi and related Services
Cicli Francesconi snc, hereinafter franesconibike.com
Via Libertà 23 – 26010 Salvirola (CR)
Fiscal code/VAT number: IT 01041030196
Information on francesconibike.com
Francesconibike.com is the official site of Cicli Francesconi snc and through the site, the User can search for information on the brands it deals with and buy products online.
User Contributed Content
Users are responsible for their own content and that of third parties that they share on franesconibike.com, by uploading them, inserting content or in any other way. Users indemnify the Owner from any liability in relation to the illicit dissemination of third party content or the use of franesconibike.com, in ways contrary to the law.
The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene in response to reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.
Rights to Content Provided by Users
The only rights granted to the Owner in relation to the contents provided by the Users are those necessary for the operation and maintenance of franesconibike.com.
Content Provided by Third Parties
The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on franesconibike.com. The Owner is not responsible for such contents and their accessibility.
Each order sent constitutes an offer to purchase the products. Orders are subject to the availability and discretionary acceptance of the Owner.
The User must select the products and check out, after having carefully checked and possibly modified the information contained in the order summary. The order is placed through confirmation of the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form.
The Order Processing Receipt does not constitute acceptance of your order. The contract is concluded when the Owner sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order by communicating to the User within 15 days of purchase, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.
Availability of products
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products.
Execution of the Order
The Order is executed within the terms specified in 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 delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
In case of non-collection within the deadline established by the carrier, the products will be returned to the Owner, who will reimburse the price of the products but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for damage that may have occurred to the Products after delivery to the carrier, where the latter has been 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 any reason, within 14 days. The withdrawal period expires after 14 days from 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 is required to inform the Owner of the decision to withdraw through an explicit declaration sent to the contacts indicated.
Effects of withdrawal
If the User withdraws from this contract, all payments he has made to the Owner will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same means of payment 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 reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has 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 he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period has expired. The costs of returning the goods will be borne by the User. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Restrictions on the right of withdrawal on products
Damaged or used products, even partially, will not be replaced or refunded. The User must insert a copy of the delivery document received inside the packing box.
The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, are likely to deteriorate rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are connected to health protection and have been opened after delivery.
The consumer User has the right to a guarantee on the conformity of the products and services purchased. The warranty has a duration of 24 months starting from the delivery of the goods and the lack of conformity must be communicated to the Owner within 2 months of discovery.
To exercise the warranty right, the User must send an e-mail to the Owner indicating the order number and an accurate description of the defect (it is advisable to also attach photographic material).
All elements are essential and will be verified by the Owner before responding to the User.
If the lack of conformity of the product is ascertained, the User has the right to obtain, after returning the defective product to the Owner, its repair or replacement. The User also has the right to ask the Owner for a reasonable price reduction or termination of the contract if the repair and replacement prove impossible or excessively onerous, the Owner has not repaired or replaced the goods within a reasonable time or the replacement or repair previously carried out has caused significant inconvenience to the User.
To exercise the right of guarantee 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 guarantee as to its accuracy or availability.
The Owner reserves the right to add or remove functions or features or to suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of definitive interruption, the Owner will act as possible to allow Users to obtain 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 Owner's express permission, granted directly or through a specific reselling program.
The User undertakes to indemnify the Owner (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the terms of the law or of the terms of these conditions of service.
Users declare that they are of 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 the applicable law, is liable for damages of a contractual and non-contractual nature to Users or third parties only when these constitute an immediate and direct consequence, due to willful misconduct or gross negligence, of the activity of franesconibike.com.
The User exonerates and expressly raises the Owner from any liability, within the limits permitted by the applicable legislation, in relation to any damages or claims of any type and kind of its own and/or third parties including direct, indirect, punitive, incidental, special , damages resulting from lost profits, lost revenues, loss of data or replacement costs arising out of or otherwise connected with this agreement.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on franesconibike.com.
The User who continues to use franesconibike.com after the publication of the changes accepts the new Terms without reservation.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.
The User may not assign or transfer in any way his rights or obligations under the Terms without the written authorization of the Owner.
All communications relating to franesconibike.com must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
If any clause of the Terms should be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this 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, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive forum of the consumer is an exception, if the law so provides.
Online dispute resolution for consumers
The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link .
The Data Controller is available to answer any questions sent via email to the email address published in this document.