General conditions of sale
These General Conditions of Sale (hereinafter “GCS”) regulate the contract (hereinafter the “CONTRACT”) for the online sale of products (hereinafter the “PRODUCT” or “PRODUCTS”) offered by PETRINI CICLI s.r.l. (hereinafter “PETRINI CICLI”) with registered office at VIA ALFREDO PANZINI, 25 – 61037 MAROTTA-MONDOLFO (Pesaro Urbino) – ITALY – proprietor of the PETRINI CICLI brand, by means of its Internet site www.petriniebike.com to users of the SITE.
2. Validity and amendment of GCS
2.1 The GCS are published on the SITE to allow CUSTOMERS to read and familiarise themselves with them easily before purchasing a PRODUCT, and accept them before submitting a purchase order, save them on their computers and produce paper copies of them by printing the file in which they are contained.
2.2 The GCS applicable to the sale of the PRODUCTS are those published on the SITE as of the date of order of the PRODUCTS concerned. CUSTOMERS must therefore carry out the above operations before proceeding to make any purchase.
2.3. PETRINI CICLI reserves the right to amend these conditions of sale at any time without notice. Purchase orders made prior to publication of any such amendments shall be subject to the General Conditions in force at the time of finalisation of the sales contract.
3. Purchase procedure
3.1 The offering of PRODUCTS presented on the SITE is subject to their actual availability.
3.2 CUSTOMERS intending to proceed to purchase PRODUCTS must express this intention through a request made directly on the SITE, following the procedures specified thereon. At the time of confirmation of the order, customers declare that they have read and accepted these conditions of sale.
3.3 In the event of multiple orders, a separate contract shall be created for every PRODUCT ordered.
4. Finalisation and validity of the contract
4.1. Once the purchase order is received, PETRINI CICLI shall send the CUSTOMER the receipt of the order, containing a summary of the information relating to the sale, and shall proceed to fulfil the purchase order. The confirmation email contains the details of the CUSTOMER and the order, the price of the goods purchased, the shipping costs and the shipping address to which the goods will be dispatched. The CUSTOMER undertakes to check that the data it contains are correct and to notify the vendor of any corrections without delay. (CHECK THAT THIS IS THE PROCEDURE YOU ARE INTENDING TO USE).
4.2. PETRINI CICLI undertakes to describe and present the articles sold on the site in the best possible manner. However, errors, inaccuracies or small differences between the site and the real product may occur. Any descriptions of the Products’ characteristics in brochures provided to Customers, and any other material, leaflet, publication (including information published on data networks), or product offered for promotional purposes is purely guideline and not binding on PETRINI CICLI. The photographs of the products provided on the www.petriniebike.com website are also not contractually binding, as they are guideline only.
5. Payment method
5.1. Payment shall be made by credit card, “PayPal” system or bank transfer. Payment by credit/debit card: In case of card payment, the Customer’s order will not be processed until the payment transaction has been authorised by the Bank. In the event that the issuer of your credit card refuses to authorise the payment, PETRINI CICLI shall not be responsible for late delivery or failure to deliver. Payment by bank transfer: The Customer shall make the bank transfer to the account number subsequently provided by PETRINI CICLI. Payment by PayPal: PayPal allows payment to be made correctly without having to communicate sensitive data on the Internet.
5.2. Communications relating to the payment and the data provided by the CUSTOMER when the payment is made travel on special secure lines, with all the guarantees provided by the use of the security protocols adopted by the payment circuits.
6.1 All selling prices of the products offered on the www.petriniebike.com website are in Euro and include VAT.
6.2. Shipping costs for online purchases are not included in the purchase price, but are stated and calculated on completion of the purchase process.
6.3. PETRINI CICLI requires payment of the entire price, including delivery costs, to be made before delivery/fulfilment of the contract. PETRINI CICLI will suspend delivery/fulfilment of the contract until the full price has been received.
6.4. The CUSTOMER agrees that PETRINI CICLI is free to modify its prices at any moment. However, goods will be invoiced at the prices stated on the website at the time of order and confirmed in the email sent by PETRINI CICLI as confirmation of acceptance of the order.
7. Delivery of products
7.1 PETRINI CICLI undertakes to deliver the PRODUCTS to the address provided by the CUSTOMER in the purchase order, through the assigned carrier.
7.2 PETRINI CICLI shall not be held responsible for delivery errors arising from inaccurate or incomplete compilation of the purchase order by the CUSTOMER. Moreover, PETRINI CICLI shall not be held responsible for any damage to the PRODUCTS subsequent to their handover to the assigned carrier, or for delays in delivery caused by the latter.
7.3 PETRINI CICLI shall notify the CUSTOMER if one or more of the products purchased are unavailable within 2 working days after purchase, to the email address associated to the CUSTOMER’s profile. In this case, PETRINI CICLI shall reimburse the price and delivery expenses to the payment card or PayPal account, or to the Customer’s IBAN code if the Customer has paid by bank transfer. PETRINI CICLI shall only ship a PRODUCT different from the one ordered but of the same value in agreement with the CUSTOMER and with the latter’s consent, and only on the suggestion of PETRINI CICLI. The unavailability of one or more of the PRODUCTS ordered shall not entitle the CUSTOMER to cancel the entire order.
7.4. In the event that the goods ordered are to be delivered outside Italy and the European Union member states, the customer may be liable for import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance charges will be payable by the customer.
8.1. For all orders placed on the www.petriniebike.com website, PETRINI CICLI shall issue an invoice for the material sold. The information provided by the CUSTOMER at the time of purchase shall be considered valid for issue of the invoice. After issue of the invoice, it will no longer be possible to make any changes to the data it contains.
9. Customer’s rights and obligations
9.1 By confirming the purchase order, the CUSTOMER declares: a) that he has read, understood and accepted the GCS; b) that he authorises PETRINI CICLI to use the personal data provided at the time of purchase.
9.2 The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, both to save a digital copy and to print out the Contract and the CGS in order to ensure their conservation.
9.3 On delivery of the PRODUCTS to the CUSTOMER by the assigned carrier, the CUSTOMER shall check, in the carrier’s presence: a) that the quantity and type of the PRODUCTS ordered correspond to those entered in the transport document; b) that the packaging used for transport is intact and not damaged, wet or deteriorated in any other way, even only in its fastenings; c) that the quantity and type of the PRODUCTS delivered are exactly as ordered. A complaint must be lodged with the carrier concerning any anomalies or discrepancies on receipt of the PRODUCTS, by noting them on the delivery note.
9.4. For any assistance or complaints concerning the PRODUCTS purchased, the CUSTOMER must contact PETRINI CICLI using the contacts provided in point 17 of the GCS below.
10. Legal warranty in the customer/consumer’s favour.
10.1. The sale of the Products to customers classified as consumers (i.e. natural persons who purchase the goods for purposes unrelated to any business or professional activities, or who do not specify a VAT number in the order form at the time of purchase) shall be covered by the legal warranties envisaged by articles 129, 130 and 132 of the Italian Consumer Protection Law. Therefore, in the event of conformity defects, the CUSTOMER is entitled, free of charge, to have the goods restored to the correct condition by means of repair or replacement or, if any such measures are unsuccessful, to an appropriate reduction in the price or the cancellation of the contract.
10.2. Repairs or replacements shall be carried out within a reasonable time after the customer’s request. The customer shall have no claim on PETRINI CICLI for the time in which the bicycle is out of use for the performance of service/repair operations.
10.3. The rights arising from the legal conformity warranty may be exercised provided the PRODUCTS have been used correctly, with due diligence and in accordance with their intended use and the provisions of the attached recommendations, and provided the CUSTOMER submits the delivery note received and specifies the order number. The warranty does not cover normal wear and tear, scratches, grazes or damage to external parts of the product. In particular, it does not cover damage caused by: – misuse (failure to comply with the recommendations in the instruction manual); – knocks or falls, including accidents; – tampering or unauthorised repairs; – storage in unsuitable locations (extreme temperatures, very damp conditions, weather); failure to perform routine maintenance. For requests of this kind, the customer/consumer must contact PETRINI CICLI by one of the means referred to in article 17 below.
10.4. Customers who fail to notify PETRINI CICLI of the conformity defect within two months after the date of its discovery shall forfeit the above rights. In all cases, the right to redress for defects not criminally concealed by PETRINI CICLI shall expire twenty-four months after delivery of the goods.
10.5. If checks by PETRINI CICLI reveal that the reported fault does not constitute a conformity defect under article 128 and following articles of Legislative Decree no. 206/2005, any costs for inspection and repair, together with the carriage costs if met PETRINI CICLI, shall be charged to the customer.
10.6. Any other warranty, such as the conventional warranty, has a different purpose, is of supplementary nature and does not affect the legal warranty.
11. Conventional Warranty
11.1 Without prejudice to the right to the Legal Warranty, which the consumer may enforce in relation to PETRINI CICLI within the legal limits, PETRINI CICLI offers consumers another, supplementary warranty covering the bicycle’s electric battery. In the event of a battery defect, the customer shall be entitled to service – repair or, if repair is not possible, replacement of the battery itself, at the discretion of PETRINI CICLI. PETRINI CICLI provides this warranty free of charge for the first year after purchase. Subsequently, this warranty can be extended for up to 3 years, provided the customer has been registered on the www.petriniebike.com website from the time of purchase of the bicycle. Registration enables purchasers to enjoy a higher rate of discounts, in accordance with the table provided on the site, in the event of assistance provided by PETRINI CICLI. The Conventional Warranty does not replace or restrict the Legal Warranty. Customers who fail to notify PETRINI CICLI of the conformity defect within two months after the date of its discovery shall forfeit the above rights. The rights arising from this warranty may be exercised provided the product has been used correctly, with due diligence and in accordance with its intended use. In order to exercise the Conventional Warranty right, customers must contact PETRINI CICLI in advance at the fax number provided in article 17 below. Carriage costs and the costs of return of the repaired or replaced product shall be payable by the customer. For all further information, the customer/consumer may contact PETRINI CICLI directly by one of the methods referred to in article 17.
12. Customer/consumer’s right to withdraw
12.1 Pursuant to art. 64 of Legislative Decree No. 206/2005, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes unrelated to any business or professional activities, or who does not specify a VAT number in the order form at the time of purchase), he is entitled to withdraw from the Contract without any penalty and without specifying the reason, with effect from receipt of the order confirmation sent by PETRINI CICLI, within no more than ten working days after receipt of the goods at the specified delivery address. The date on the delivery note shall constitute proof of the date of receipt.
12.2 The withdrawal right does not apply to purchases made by dealers or companies with VAT number, and those made directly from authorised retailers. Moreover, the withdrawal right does not apply to the following categories of products: a) if the product returned is not intact or the original packaging is missing, or integral parts of the product (accessories, screws, instruction manual, etc.) are missing; b) product damaged due to causes other than transport. c) The Products must not have been used and must not have been assembled, dismantled or damaged.
12.3. The CUSTOMER may exercise the withdrawal right by written notification by fax to the number provided in article 17 below.
12.4. If the PRODUCT has already been delivered, the CUSTOMER must return it to PETRINI CICLI. For this purpose: – the term for return of the PRODUCT is ten days after receipt; the data on the delivery document shall stand. For the purposes of expiry of the term, the PRODUCT shall be considered returned at the time of delivery to the dispatching post office, – if the PRODUCT has been delivered, its return substantially intact is an essential condition for the exercise of the withdrawal right. – The cost of return of the goods to PETRINI CICLI is payable by the CUSTOMER, who shall dispatch the PRODUCT suitably wrapped and packaged; PETRINI CICLI does not accept return of goods which are damaged and all returned goods must be in normal condition and conserved with due diligence. The CUSTOMER shall place a copy of the delivery document inside the packaging box.
12.5 In the event that the CUSTOMER exercises the withdrawal right in accordance with the provisions of these GCS, PETRINI CICLI shall reimburse the sums paid by the CUSTOMER to the payment card or PayPal account, or to the Customer’s IBAN code if the Customer has paid by bank transfer, used by the latter for the purchase.
13. Vendor’s responsibilities
13.1. PETRINI CICLI does not accept any liability for shortcomings in the service provided due to force majeure or chance circumstance, including malfunctions and dysfunctions of the Internet, if it is unable to fulfil the order within the times set by the contract.
14. Use of the site
14.1. PETRINI CICLI does not assume any responsibility with regard to problems caused to the CUSTOMER by use of the SITE and the technologies used, since these are beyond its control, such as, for example: a) errors or delays in accessing or inability to access the SITE on the part of the CUSTOMER during performance of the sales procedure; b) errors or delays in receiving or inability to receive, on the part of the CUSTOMER, communications from PETRINI CICLI with regard to the sale of the PRODUCTS.
15. Intellectual and industrial property rights
15.1 PETRINI CICLI informs all users that the SITE, and all the trademarks and logos used with regard to the sale of the PRODUCTS, are protected by applicable intellectual and industrial property rights and every kind of reproduction, communication, distribution, publication, modification or transformation, into any form or for any purpose, of the contents of the SITE, brands and logos used by PETRINI CICLI, is forbidden.
16. Personal data protection
16.1. The personal data which PETRINI CICLI obtains from the Customer shall be conserved and used in accordance with the relevant laws. The data will be acquired and filed in compliance with the relevant Italian legislation, for the sole purpose of the optimal management of your orders. All personal data will be managed with the maximum confidentiality. The provision of the data is compulsory for the provision of the services, and any refusal to supply the data could lead to partial or total termination of the business relationship. Data may be disclosed to parties outside the Company, such as associates, consultants, representatives, transporters, partners, banks or other parties, only if closely linked to the management of the business relationship. In all cases, the data acquired will be processed in a correct, ethical and transparent manner, safeguarding your privacy and your rights. The data you have supplied will be processed for the purposes of the company’s business. Data are used electronically, on paper and on all suitable media, in accordance with the relevant legal provisions. Pursuant to art. 7 of Legislative Decree 196/2003, all those who have provided their data are entitled to find out, at any moment, which of their data we are holding and how they are used, to suggest updates or supplements to the data, request their deletion or freezing or object to their use.
17.1 For assistance with online purchase procedures, for returns or for further information concerning products, the PETRINI CICLI contacts are: fax: +39 0721 96 04 84 telephone: +39 347 7838967 registered letter with return receipt to the address: VIA ALFREDO PANZINI, 25 61037 MAROTTA-MONDOLFO (Pesaro Urbino) – ITALY.
18. Applicable law and legal jurisdiction
8.1 These General Conditions are governed by current Italian law. If the Customer is a consumer, the law courts of the Customer’s place of residence or domicile shall have sole jurisdiction over any civil disputes concerning sales contracts between the Customer and PETRINI CICLI finalised on the Site. In all other cases, Pesaro Law Court shall have absolute jurisdiction.
18.2 Any non-validity of individual clauses of the CONTRACT or the GCS shall not imply the non-validity of the entire CONTRACT or the GCS.