Terms and conditions of the service
GENERAL TERMS AND CONDITIONS OF SALE (GTC)
These general terms and conditions of online sales (hereinafter "GSC") govern the contract of sale (hereinafter "Contract") of products (hereinafter "product" or "products") offered by BICICLETTA DANNATA di Paolo Boggiani, headquartered in Parma, Via Felice Cavallotti n.12.
Fiscal Code: BGGPLA81H12D150O - VAT No.: 02941990349 - REA Registration No. PR-279125, through its website www.biciclettadannata.it (hereinafter, "site") to the users of the site (hereinafter, "customers" or "client").
These general terms and conditions of sale are intended as referring only and exclusively to customers who qualify as 'consumers' pursuant to Article 3, co. 1, lett. a), of Legislative Decree No. 206 of 6 September 2005, i.e. 'natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out'.
The customer declares that he/she has read all the aforementioned information and general conditions of sale before placing the order.
The customer, before placing the order for the product, declares that the purchase of said product is not directly related to his professional activity, as it is intended for personal use.
The customer also declares that he/she has the legal capacity to commit himself/herself in accordance with these general terms and conditions.
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.biciclettadannata.it.
This contract consists of the following documents - these general terms and conditions of sale - the order confirmation The photographs illustrating the products on the site do not fall within the scope of the contract and are provided for descriptive purposes only.
4.Receipt of order
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can only be called into question in the cases provided for by this contract in the articles "Right of withdrawal" and "Execution of order".
The conclusion of the contract will only take place when the order is confirmed by Bicicletta Dannata di Paolo Boggiani.
The customer will receive by e-mail a notification of receipt containing the confirmation of the order with all the constitutive elements of the contract (among which products ordered, prices, shipping costs). BD di Paolo Boggiani reserves the right not to confirm an order for any reason related in particular to a problem in the supply of products, or to a problem concerning the order received.
BD di Paolo Boggiani shall not be held responsible for delivery errors due to inaccuracies or incompleteness in the filling in of the purchase order by the customer.
Furthermore, BD di Paolo Boggiani will not be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
Availability of products
The offers contained in this site will be valid as long as the products listed remain online and while stocks last.
BD di Paolo Boggiani also reserves the right to inform the customer, within 20 days of purchase, at the e-mail address associated with his profile, of the possible unavailability of one or more of the products purchased.
If the product purchased is no longer available, BD di Paolo Boggiani will refund (to the payment card or PayPal account indicated by the Customer at the time of purchase or by bank transfer, the details of which will be communicated after registration) the price and the shipping costs incurred by the Customer. However, the unavailability of one or more of the products ordered shall not entitle the customer to cancel the entire order.
Prices - Invoice
Prices are in Euro and include VAT at 22%.
The price guaranteed to the purchaser is that published on the site at the time of dispatch. Product prices are final. They do not include any delivery charges, which will be indicated in the order confirmation.
The customer who intends to proceed with the purchase of the products must express this will by means of a request made directly on the site, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make payment.
Payment is due from the moment the order is placed.
The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) using the available payment methods. The customer guarantees BD di Paolo Boggiani that he has the necessary authorizations to use the payment instrument indicated in the order.
Should BD di Paolo Boggiani not receive the payment, BD di Paolo Boggiani reserves the right to cancel the order. In the case of payment by credit card, BD di Paolo Boggiani reserves the right to ask for a copy of the identity document proving the actual ownership of the credit card used to be sent within 24 hours, it being understood that, in the absence of the requested sending, BD di Paolo Boggiani will be entitled to refuse the payment and to cancel the order. The data relative to the payment will be treated through a secure server-to-server connection by using the SSL Protocol (Secure Sockets Layer). In case of payment by bank transfer, the entire amount shall be paid to the following bank details:
Account holder: Paolo Boggiani
Bank Name: CheBanca!
Branch Name: CheBanca! Piazzale Santa Croce n.9 Parma
In the case of payment via Paypal, the customer shall enjoy all the benefits of Paypal Purchase Protection.
9 Transfer of Risk
The transfer of risk to the customer occurs when BD di Paolo Boggiani delivers the products to the carrier. During the withdrawal period mentioned in article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product while in the custody of the customer, the latter shall suffer all the consequences.
10 Execution of the order
The order will be carried out according to the terms specified on the Site and upon acceptance of the order by BD di Paolo Boggiani and in any case within 30 days from the order confirmation subject to the availability of the ordered product and unless there is a specific agreement between the parties.
In case of stock depletion or unavailability of the ordered product, BD di Paolo Boggiani undertakes to inform the Customer as soon as possible and to specify a possible term of renewed availability. Terms of payment.
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday.
Products are delivered to the address indicated by the customer.
Delivery is at street level.
The request for floor delivery of an order (where available) must be indicated by the customer at the time of final confirmation of the order.
Unless otherwise specified at the time of purchase.
BD di Paolo Boggiani undertakes to deliver the products to the address given by the Customer in the purchase order, through the carrier in charge of the transport of the same. BD di Paolo Boggiani shall not be held responsible for delivery errors due to inaccuracies or incompleteness in the filling in of the purchase order by the Customer. In addition, BD di Paolo Boggiani shall not be held responsible for any damage that may occur to the products after they have been delivered to the carrier in charge of transporting them as well as for any delays in delivery attributable to the latter.
BD di Paolo Boggiani delivers all over the national and international territory. Deliveries in uncomfortable postcodes (e.g. Venice Laguna) could imply variations in the indicated transport rates. Deliveries are made by couriers selected by BD di Paolo Boggiani; Post Boxes are not considered valid addresses for delivery. The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and release of the goods. Upon delivery, the customer shall check the content, conformity and condition of the product(s). In the event of delays, breakdowns, total or partial loss, or other problems, it is the Customer's right to have recourse to the carrier without BD di Paolo Boggiani being held responsible. Therefore, upon delivery, BD di Paolo Boggiani recommends the customer to check the state of the delivered products before signing the receipt document. If anomalies are found, the customer must refuse the delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to BD di Paolo Boggiani by registered letter with acknowledgement of receipt within three (3) working days after delivery of the products.
12 Withdrawal of the products in case of absence of the customer
In case of absence of the addressee during the delivery, the carrier will leave a notice at the delivery address indicated by the customer. If the addressee is also absent on the second delivery attempt, the products shall be collected at the address and in the manner indicated by the carrier. In case of failure to collect the products within the deadline set by the carrier, the products will be returned to BD di Paolo Boggiani who reserves the right to refund the price of the products, leaving the shipping costs to be paid by the customer.
The products sold benefit from the legal warranty against hidden defects provided for by articles 1641 and following of the Civil Code. To activate the warranty, the Customer will return the product to BD di Paolo Boggiani at his own expense, attaching the original invoice. The product will be exchanged for a product that is as identical as possible and sent back to the Customer at BD di Paolo Boggiani's expense, except in cases where BD di Paolo Boggiani . In the latter hypothesis, another product can be customised by communication.
15 Use of the site
The product descriptions and images on the site correspond to what is made available by BD di Paolo Boggiani.
The photographs and videos presenting the products accompanying the descriptive information are published on the site for descriptive purposes only, bearing in mind that the quality of the images, including an exact display of the colour variants, may depend on the software and computer tools used by the customer when connecting to the site. BD di Paolo Boggiani shall not be held liable for any problems caused to the customer by the use of the site and the technologies used as they are beyond its control.
16 Intellectual and industrial property rights
BD di Paolo Boggiani hereby informs you that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the products on offer, are protected by applicable intellectual and industrial property rights and may not be reproduced, communicated, distributed, published, altered or transformed in any form or for any purpose. BD di Paolo Boggiani reserves the right to take legal action to protect these aspects. BD di Paolo Boggiani will not be held liable for the trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the Customer acquires no rights following the conclusion of the Contract.
17 Protection of personal data
BD di Paolo Boggiani is the owner of the personal data collected when registering on the site, as well as those subsequently communicated at the time of purchase by the customer, with the exception of the data relating to the payment procedure for which reference should be made to the banks through which the transaction takes place. For information on the processing of personal data, including the rights under Article 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration with the Site www.biciclettadannata.it.
18 Entirety of the contract
These general terms and conditions constitute the entirety of the parties' obligations. No other general or particular conditions communicated by the customer may be included in or depart from these general conditions.
Should one or more provisions of these general terms and conditions be deemed invalid or declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
For any communication you may contact BD di Paolo Boggiani at the following addresses:
21 Applicable law
The sale contract between the Customer and BD di Paolo Boggiani is meant to be concluded in Italy and ruled by the Italian law. Competent Court Parma.