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)
Tax Code/VAT Number: 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 offered and purchase products online.
Content provided by the User
Users are responsible for their own content and third-party content they share on franesconibike.com, through uploading, posting content, 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 that violate the law.
The Owner does not moderate content published by the User or third parties but commits to intervene upon reports from Users or orders issued by public authorities concerning 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 displayed on franesconibike.com. The Owner is not responsible for such content or 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 placed 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 complete the checkout after carefully verifying and, if necessary, modifying the information in the order summary. The order is placed by confirming it and is subject to 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 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 notifying the User within 15 days of purchase, at the email address associated with the 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 paid by the User.
For Italy, the invoice request must be made at the time of order. If not specifically requested, a receipt will be issued and it will not be possible to request an invoice later.
Product Availability
Prices, descriptions, or availability of displayed products are subject to change without notice. The photos shown are indicative and do not guarantee product quality.
Order Processing
The Order is processed 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 caused by circumstances foreseeable by the parties at the time the Order Confirmation was sent.
Sales conditions for EEC and non-EEC countries
All prices shown on the website include VAT for shipments to Italy and other countries belonging to the European Economic Community (EEC). Any shipping fees or additional costs (such as collection fees) will be calculated and added separately to the order total.
For orders shipped to non-EU countries, prices are shown excluding VAT. Any customs duties, local taxes, and clearance fees are entirely the customer's responsibility. These amounts cannot be estimated in advance as they depend on the regulations of the destination country.
Please note that once the invoice has been issued, it will no longer be possible to make changes or cancellations.
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 issues on the delivery document and sign with reservation.
Send a written complaint within one day to the courier, copying Cicli Francesconi.
If the goods are not collected within the deadline set by the carrier, the products will be returned to the Holder, who will refund the price of the products but not the shipping cost. The Holder cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the purchase order completed by the User, for any damage 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 User.
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 – takes physical possession of the goods. To exercise the right of withdrawal, the User must inform the Holder of the decision to withdraw through an explicit statement sent to the contacts indicated.
Effects of withdrawal
If the User withdraws from this contract, all payments made to the Holder will be refunded, including delivery costs (except for additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered) without undue delay and in any case no later than 14 days from the day the Holder 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, if 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 they communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the 14-day period expires. 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 rapid deterioration, are sealed and not suitable for return for hygiene reasons or related to health protection and have been opened after delivery.
Warranty
The consumer User is entitled to a warranty on the conformity of purchased products and services. The warranty lasts 24 months from the delivery of the product, and the non-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 confirmed, 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 product within a reasonable time, or the previous replacement or repair caused significant inconvenience to the User.
To exercise the warranty right and for further information on the matter, 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 regarding its accuracy or availability.
Service interruption
The Owner reserves the right to add, remove features or functionalities, or suspend or discontinue the Service entirely, either temporarily or permanently. In the event of permanent discontinuation, the Owner will act as reasonably 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 reseller program.
Indemnity
The User agrees to indemnify the Owner (as well as any companies controlled or affiliated with it, its representatives, directors, agents, licensees, partners, and employees) from any obligation or liability, including any legal expenses incurred to defend themselves in court, arising from damages caused to other Users or third parties, in relation to content uploaded online, violation of legal terms, or these terms of service.
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 franesconibike.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 willful misconduct or gross negligence, of the activities of franesconibike.com.
The User expressly exempts and releases the Owner from all liability, within the limits permitted by applicable law, in relation to any damages or claims of any kind and nature, whether their own and/or third parties, including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, data loss, or replacement costs arising from or otherwise connected with 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 changes accepts the new Terms without reservation.
Assignment of the contract
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 under these Terms are not prejudiced.
The User may not assign or transfer their rights or obligations under the Terms in any way without the Owner’s written authorization.
Communications
All communications regarding franesconibike.com must be sent using the contact information indicated in the Contract.
Partial invalidity and 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 jurisdiction, 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 dispute 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.
