DIGITAL GOODS, MEMBERSHIP AND REGISTRATION INITIATIVES
These conditions of sale govern purchases made remotely via the website www.bikeenofood.it and are drawn up in accordance with Legislative Decree 206/2005 (“Consumer Code”), with Legislative Decree 70/2003 of transposition of the EU Directive on Information Society services (“E-Commerce Directive”) and current legislation.
The website www.bikeenofood.it is owned by Wheels Without Borders Asd (WWB also) Regaste San Zeno, 1, 37123, Vr, C.F. 93265870233, VAT no. 04472940230, email address info@bikeenofood (hereinafter also referred to as the “Company”).
For any clarification and for any complaints you can contact the Company, also by sending an e-mail to email@example.com or by calling +39 340 610 3466.
Art. 1 – DEFINITIONS
- “Company” or “Seller”: means, unless otherwise stated, the WWB.
- “Website”: means the website www.bikeenofood.it
- “User” or “Visitor”: any person who has access to the Company’s website.
- “Customer” or “Buyer”: the User who purchases online one or more of the products or services offered on the website.
- “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity that may be carried out.
- “Professional”: the natural or legal person who acts for purposes related to the entrepreneurial, commercial, artisanal or professional activity that may be carried out. For the purposes of these Conditions of Sale, it is assumed that the Customer is a Professional who sends a proposal to purchase products or services by entering his VAT number in the area of the site relating to personal data.
- “Parties”: the Company and the Customer.
- “Order”: the request for goods for sale, made by the Buyer via the website.
- “Goods”: products or services offered for sale on the website and purchasable through the same.
- “Digital goods”: goods supplied electronically.
- “Distance contract”: the contract relating to the goods offered under the online sales system organized by the Company through the website.
Art. 2 – OBJECT
2.1. These conditions of sale regulate online purchases of the products and services offered on the website www.bikeenofood.it
2.2. The distance contract is governed by the version of the sales conditions in force at the time of the order by the Customer.
Art. 3 – PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT
3.1. All users who access the website can navigate within it in compliance with the general conditions of use and consult the goods offered.
3.2. The purchase of products and services on the website is allowed to the user who has reached the age of majority even without having registered.
3.3. Account registration is not necessary.
3.4. The provision and processing of some personal data, which the customer may provide through appropriate forms on the site, in particular the MEMBERSHIP is carried out as indicated in the privacy information which the user can view.
3.5. The customer can select the property of interest by inserting it in the “cart”; if you intend to add products or services, you can do it in the same way. At any time the customer can view the goods included in the cart and decide whether to cancel them, continue with purchases or go to the checkout.
3.6. The system allows you to choose one of the payment methods described in art. 5 of these conditions.
3.7. Before confirming the order, the Customer is required to verify all the information contained in the order summary sheet.
3.8. The Customer may decide to go back if he does not intend to continue with the sending of the order or confirm it, accepting these conditions of sale and clicking on the appropriate button with which the order is confirmed with the obligation to make the payment.
3.9. The goods are offered for sale according to the conditions set out in the contract published on the site at the time of the order.
3.10. By downloading the GPS tracks in .gpx format, the Customer declares to know and accept these Conditions of Sale.
3.11. The contract is concluded and binding for the parties when the Seller transmits the goods and services indicated by the Customer during the purchase phase.
Art. 4 – TIMES, DELIVERY METHODS AND PRODUCT AVAILABILITY
DIGITAL GOODS, MEMBERSHIP AND REGISTRATION INITIATIVES
4.1 The download of digital goods can be made directly from the website after making the payment, according to the technical indications given during the purchase.
4.2 Once the download has started, the Customer has no right to withdraw.
4.3 Once the download of the digital asset has been completed, the latter resides in the customer’s computer or other devices and it is the responsibility of the latter not to lose, destroy or damage it.
4.4 The Customer can exercise the rights and the right of use expressly authorized for each good, as indicated in the “Product Sheet”. The making available of the goods does not transfer any commercial or promotional right to use the goods.
Art. 5 – PRICE AND PAYMENT
5.1. The prices for the purchase of the products and services offered on the website are shown on the web pages that contain the description of the goods, are expressed in Euros (€) and include the current Value Added Tax (VAT).
5.2. The total price resulting at the end of the order is inclusive of shipping costs and any duties in the case to be applied according to current legislation. Any additional charges related to storage services due to non-delivery and consequent non-collection of the Customer are charged to the Customer.
5.3. The customer reads all the specifications relating to the price to be paid before making the payment.
5.4. Payment can be made through a method made available by the site listed below: PayPal, credit card and bank transfer.
5.5. The system allows the customer who has chosen, as a method of payment, the credit card or paypal, to make the payment through the platform of the supplier involved, to which he is sent back by clicking on the appropriate button with which he indicates the will to carry out the order and pay.
Payment by bank transfer can be made using the following details:
IBAN: IT92 C 05034 11708 000000001618 – Banco BPM-Banco Popolare di VR AG 6 Header: WWB Asd
Art. 6 – RIGHT OF WITHDRAWAL
6.1. As required by the Consumer Code, subject to the hypotheses referred to in art. 59, the Company recognizes the Customer, who purchases on the website as a consumer, the right to withdraw from the contract, without having to provide any reason, by returning the purchased products with a consequent refund of the price or replacement with another product.
6.2. The right of withdrawal is the faculty of natural persons who act for purposes not directly related to the professional activity that may be carried out. Therefore it is recognized only to Consumers.
6.3. To exercise the right of withdrawal, an explicit declaration (e.g. letter sent by post, fax or e-mail) must be sent to the Company within 14 days.
6.4. To comply with the 14-day deadline set by the current legislation for the withdrawal, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of the indicated period.
6.5. The withdrawal period expires after 14 days:
- in the case of service contracts, from the day of the conclusion of the contract;
- in the case of purchase of an asset, from the day on which the Customer acquires physical possession of the goods and, in the case of a contract relating to multiple goods ordered in one order and delivered separately, from the day on which the Customer acquires physical possession of the last good.
6.6. To exercise the right of withdrawal it is necessary to return the products in an intact state of conservation.
6.7. The products must be returned within 14 days from the day on which the withdrawal was communicated. The deadline is met if the shipment of the goods takes place before the expiry of the 14-day period. Unless otherwise agreed, the products must be delivered or shipped to the following address: Via Regaste San Zeno, 1, 37123, Vr.
6.8. The direct costs of returning the goods will be borne by the customer.
6.9. In case of withdrawal, all payments made for the purchase will be refunded, with the exception of shipping costs for the delivery of the purchased products.
6.10. The refund will be made using the same payment method used for the initial transaction, unless expressly agreed otherwise; in any case, the Customer will not incur any costs as a consequence of this refund.
6.11. The refund can be suspended until the goods have been received or until the Customer has demonstrated that the goods have been shipped.
6.12. If the Customer violates, in whole or in part, the provisions dictated regarding the withdrawal from these conditions, the Contract will remain valid and effective and the Seller will return the Products unduly returned to the Customer, charging the latter the related costs of shipment.
6.13. The User will not be able to exercise the withdrawal for the Products that fall under the cases of exclusion pursuant to art. 59 of the Consumer Code; in particular, the withdrawal is excluded in the following cases: supply of sealed audio or video recordings or sealed computer software that were opened after delivery; supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal; service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional; supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery; supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods.
6.14. For discounted products, no refunds are made but replacements or the request for a voucher of value corresponding to the amount paid can be used, to be used later.
Art. 7 – PRODUCT CHARACTERISTICS AND WARRANTY
7.1 The essential characteristics of the products are indicated on the website within each product sheet. However, the images and colors of the products offered for sale on the Company’s website may not perfectly correspond to the real ones for the technology and the supports used by the Customer for web browsing.
7.2. The Products sold to the customer, in his capacity as a consumer, are covered by the legal guarantee of 24 months for defects of conformity, which must be reported to the Seller by the Customer, under penalty of forfeiture, in writing within the term of 2 (two) months from the date of its discovery.
7.3. In the event of a lack of conformity, the Seller shall, at no cost to the Customer, replace those delivered products that are damaged or defective with other products of the same quality and title available at its warehouses, provided that the same have been returned by the Customer. in the original packaging (complete with all the parts that make it up).
7.4. In the event that, for any reason (for example, due to the out of catalog output of the product), the Seller is unable to make the replacement, he will proceed to return the full amount paid by the Customer for the purchase of the product .
7.5. No damage can be requested from the Seller for any delays in carrying out the replacement.
7.6. If the defect is not covered by the warranty, the customer will be charged for any verification costs, as well as transportation costs.
7.7. Any reports and complaints for product defects can be made by contacting the Company at +39 340 610 3466 or by writing to firstname.lastname@example.org
Art. 8 – COMPLAINTS
8.1. For any complaints or clarifications, the customer must contact email@example.com. The customer will be contacted for clarification within 3 (three) working days of the request.
Art. 9 – CUSTOMER OBLIGATIONS
9.1. The customer is required to provide all the data requested during the purchase and verify their correctness before submitting the request.
9.2. The Customer has the obligation and responsibility to provide truthful, correct, verifiable and updated data.
9.3. During the purchase, the customer is required to read and accept the general conditions of use of the website.
9.4. Before making the purchase, the customer is required to carefully read the information contained in the order summary sheet and these conditions of sale. It is also up to the Customer to verify that he has the appropriate hardware and software devices for the correct functioning of the digital goods of interest.
9.5. The customer is required to pay the price of the products or services purchased and to keep a copy of the payment confirmation.
9.6. Finally, once the online purchase procedure is completed, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the contract conclusion phase.
9.7. The Customer is required to verify the integrity of the packaging during the delivery of non-digital goods and to promptly report any damage.
9.8. The customer who intends to exercise the right of withdrawal for products purchased online is required to take the appropriate measures to guarantee their integrity and not compromise their quality and to comply with the terms and methods indicated in art. 8 of these conditions of sale.
Art. 10 – EXPRESS TERMINATION CLAUSE
10.1. In the event of total or partial non-payment of the purchase price of the asset, WWB Asd reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code resolved this contract by sending a written communication to the customer’s electronic address.
Art. 11 – FORCE MAJEURE
11.1. The parties will not be responsible for the delay in fulfilling their obligations, pursuant to the contract, if this delay is caused by circumstances beyond their reasonable control. The party late due to force majeure will be entitled to an extension of the terms, necessary to fulfill these obligations
Art. 12 – PRIVACY
12.1. The personal data communicated by the Customer are processed in accordance with the provisions of the current legislation on the protection of personal data and as specifically indicated in the privacy information submitted to the customer during registration.
Art. 13 – FINAL CLAUSES
13.1 The Company reserves the right to make changes to these Conditions at any time. The Customer must always refer, as the current version, to the text of the Conditions published on the website when placing the order.
13.2 If one of the clauses of these conditions of sale should be declared null or ineffective by the competent authority, the conditions will continue to be fully effective for the part not affected by said clause, unless the same constituted an essential and decisive reason for the conclusion of the sale.
13.3 The fact that one of the parties does not at any time enforce the rights recognized by one or more clauses of these conditions cannot be understood as a waiver of these rights nor will it prevent from subsequently claiming compliance with any and all contractual clauses.
13.4 For anything not expressly provided for in this contract, the rules of Italian law in force apply.
Art. 14 – COMMUNICATIONS
14.1. All communications between the parties must be made in writing. Communications sent to the other party’s email address are also considered to be sent in writing.
Art. 15 – LANGUAGE
15.1. The conditions of sale are drawn up in Italian and English.
Art. 16 – APPLICABLE LAW AND COMPETENT COURT
16.1. These Conditions have been prepared and are governed by Italian laws.
16.2. Disputes arising from these conditions or related to them are reserved to the jurisdiction of the Palermo forum, without prejudice to the consumer’s forum in the applicable case as required by law.
Last updated: 09/03/2020