Terms of Sale
Terms and Conditions of Cicli Francesconi snc
Users who use the services offered by Cicli Francesconi declare that they are aware of 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./P.IVA: IT 01041030196
ecommerce@francesconibike.com
Information about 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 offered and purchase products online.
User Provided Content
Users are responsible for their own content and that of third parties that they share on franesconibike.com, through uploading, inserting content, or by any other means. Users indemnify the Owner from any liability in relation to the unlawful dissemination of third-party content or the use of franesconibike.com in ways that are 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 commits to intervene in response to reports from Users or orders issued by public authorities regarding content deemed offensive or illegal.
Rights to content provided by Users
The only rights granted to the Holder in relation to the content provided by Users are those necessary for the operation and maintenance of franesconibike.com.
Third-party content
The Owner does not carry out any preventive moderation on the content or links provided by third parties displayed on franesconibike.com. The Owner is not responsible for such content and its accessibility.
Registration
In order to use the Service or part of it, Users must register by providing all the required information in the registration form truthfully and completely, 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 submitted 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 reviewing 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 conclusion of the contract occurs at the moment the Order Confirmation is sent 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 the 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 the shipping costs incurred by the User.
For Italy, the invoice request must be made at the time of the order. In the absence of specific indication, a receipt will be issued and it will not be possible to request the invoice later.
Product Availability
The prices, descriptions, or availability of the displayed products are subject to change without notice. The inserted photos 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 on the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
The Owner shall not 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 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.
Upon delivery, the User must verify the contents by specifying any anomalies in the delivery form.
In case of non-collection by 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 the completion of the purchase order by the User, for any damages 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 the case of purchasing products or services on franesconibike.com, the User has the right to withdraw from the contract without stating the reasons, 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 – takes 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 statement sent to the indicated contacts.
Effects of withdrawal
If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting 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 payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case the User will not have to bear any costs as a consequence of this reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has sent the goods back, 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 expires. The costs of returning the goods will be borne by the User. The User is responsible only for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal on 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 that are made to measure or clearly personalized or that, by their nature, are at risk of deteriorating rapidly, are sealed and are 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 the products and services purchased. The warranty lasts for 24 months from the delivery of the goods, and the defect in conformity must be reported to the Owner within 2 months of discovery.
To exercise the right of guarantee, the User must send an email to the Owner indicating the order number and a detailed 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 a defect in conformity of the product is established, 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 reduction in price or the termination of the contract if the repair and replacement are impossible or excessively burdensome, the Owner has not repaired or replaced the good within a reasonable time, or the previously carried out replacement or repair has caused significant inconvenience to the User.
To exercise the right of guarantee and for further information in this regard, the User is required to contact the Owner.
The Service is provided "as is"
The Service is provided by the Owner "as is", without any express or implied warranty of its accuracy or availability.
Service Interruption
The Owner reserves the right to add or remove features or characteristics or to suspend or completely discontinue the provision of the Service, either temporarily or permanently. In the event of a permanent discontinuation, the Owner will act as reasonably possible to allow Users to retrieve their information hosted by the Owner.
Service Resale
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 keep the Holder (as well as any companies controlled or affiliated with it, its representatives, directors, agents, licensees, partners, and employees) harmless from any obligation or liability, including any legal expenses incurred in defending against claims, that may arise from damages caused to other Users or third parties, in relation to the content uploaded online, the violation of legal terms, or the terms of these service conditions.
Privacy policy
For information on the use of personal data, Users should refer to the privacy policy of franesconibike.com.
Age requirements
Users declare that they are of legal age according to the applicable legislation. 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 damages of a contractual and non-contractual nature to Users or third parties only when these are the immediate and direct consequence, due to willful misconduct or gross negligence, of the activities of franesconibike.com.
The User expressly exempts and releases the Holder from any liability, to the extent permitted by applicable law, in relation to any damages or claims of any kind and nature, whether direct, indirect, punitive, incidental, special, damages arising from lost profits, lost revenues, loss of data, or replacement costs arising from or otherwise 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 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 of by novation or subcontract all or some of the rights or obligations arising from the Terms, provided that the rights of the User set forth herein are not prejudiced.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written consent of the Owner.
Communications
All communications regarding franesconibike.com must be sent using the contact information provided in the Contract.
Ineffectiveness and partial nullity
If any clause of the Terms should be found to be null, invalid, or ineffective, the aforementioned clause will be removed while the remaining clauses will not be affected by this and will remain fully effective.
Applicable Law and Jurisdiction
These Terms and all disputes regarding the execution, interpretation, and validity of this contract are subject to the law, the jurisdiction of the State, and the exclusive competence of the court in the location where the Holder is based. The exclusive forum for the consumer is an exception, where provided by law.
Online dispute resolution for consumers
The consumer residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute related to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following link.
The Owner is available to respond to any inquiries sent via email to the email address published in this document.