1.1. These general conditions of sale (hereinafter the " General Conditions of Sale ") govern the offer and sale of "Pinarello" brand products ( the " Products " or , in the singular , the " Product ") on the e -commerce www.pinarello.com ( the “ Site ”).
1.2. In the event of changes to the General Conditions of Sale, the General Conditions of Sale published on the Website at the time the order proposal (hereinafter the " Order Proposal ") is sent by the Consumer ( as defined below).
1.3. The Consumer is required, before forwarding the Order Proposal, to read and accept these General Conditions of Sale, which can be saved and printed. Forwarding the Order Proposal implies full knowledge and express acceptance of both these General Conditions of Sale and what is indicated in the Order Proposal.
For any legal information, please consult the sections:
2.2. The Seller is the owner of the rights to the domain name of the Site, of the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
2.3. The distance selling service governed by these General Conditions of Sale is reserved exclusively for subjects, natural persons, over the age of 18 (eighteen), who act for purposes not related to their entrepreneurial, commercial, artisanal or professional activity (the " Consumers ”, or, individually, the “ Consumer ”). If one or more sales are made to a person who cannot be qualified as a Consumer, these General Conditions of Sale will apply but, as an exception to the provisions of the same:
a) the purchaser will not be granted the right of withdrawal referred to in article 11 ;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 9 ;
c) the purchaser will not be granted any other safeguards, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the 1980 Vienna Convention.
2.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal - must be sent to the Seller at the contact details and according to the methods indicated on the Website and/or at the e-mail address firstname.lastname@example.org .
3 .1. The information relating to the Products sold remotely through the Site are available, with the relative product codes, on the Site itself.
3. 2. The Products are sold with the characteristics described on the Site and according to the General Conditions of Sale published on the Site at the time the Consumer sends the Order Proposal .
3 .3. The prices, the Products for sale on the Site and/or their characteristics may be subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the Order Proposal , the Consumer is invited to check the final sale price.
3.4. The Site is structured with functions such as to allow the Consumer to access it and place the Order regardless of nationality and geographical location. The Consumer will have the right to receive the Products at a delivery address of his choice, provided that the address is located within a country among those indicated on the Site.
4 .1. The information referred to in these General Conditions of Sale and the details contained in the Site do not constitute an offer to the public, but a simple invitation to the Consumer to formulate an Order Proposal .
4.2. The Order Proposal is governed by these General Conditions of Sale , which form an integral part of the Order Proposal itself and which the Consumer is required to accept in full and without reservations. Before submitting the Order Proposal , the Consumer will in fact be asked to confirm that he has read and accepted the General Conditions of Sale , to print a copy and memorize its content or reproduce a copy for his own personal use.
4.3. All the information necessary for the correct compilation and sending of the Order Proposal is available in Italian and English.
4.4. After sending the Order Proposal, the Consumer will receive the order confirmation via e-mail (“ Order Confirmation ”).
4.5. The sales contract (hereinafter the " Contract ") will be considered concluded when the Consumer receives the Order Confirmation: from this moment on, the Order Proposal will be simply defined as the " Order ". Upon conclusion of the Contract , the Consumer will find in the Order Confirmation a link to the text of these General Conditions of Sale and the summary of the Order placed, including a detailed indication of the price, shipping costs and taxes applicable, and the description of the characteristics of the Product ordered. The Consumer's Order, the Seller's Order Confirmation and the applicable General Conditions of Sale will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by e-mail from the Seller at the address email@example.com .
4.6. It is understood that the Seller may not process the Orders and/or Order Proposals in cases where the Consumer does not give sufficient guarantees of solvency or in cases of incomplete or incorrect or untruthful compilation, as well as in the event of unavailability (even supervening, if occurring after the Order Confirmation) of the Products. In these cases, no later than 30 (thirty) working days from the day on which the Seller became aware of the above circumstances, the Seller will inform the Consumer via e-mail that the Contract has not been concluded and that the Order Proposal will not be followed up specifying the reasons. In this case, any amount already committed to the chosen means of payment will be released .
5 .1. The Products on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After selecting the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to :
a) register on the Site, providing the requested data, or
b) to log in, if the Consumer is already registered , or
c) in the absence of registration, to provide their data in order to complete the Order and allow the completion of the Contract.
5.2. If the data indicated in the Order Proposal should be different from those provided during registration on the Site, the Consumer will be asked to confirm their data, as well as the address where to deliver the selected Products, the billing address and, optionally , a telephone number where you can contact him for any communications relating to the purchase made.
5.3. The Consumer will see a summary of the Order Proposal , the contents of which he can modify. The Consumer, therefore, after careful reading, must expressly approve these General Conditions of Sale , through the appropriate check mark (check-box) present on the Site and finally, through the "Insert order" button, the Consumer will confirm his Order Proposal. The Consumer will also be asked to choose the shipping method and the payment method, among those available.
5.4 . If during the Product selection procedure on the Website the Consumer detects that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions at that time in force, due to an obvious technical problem that occurred on the Site, please do not complete your Order Proposal and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the infobike e-mail address @pinarello.com .
6 .1. The Site indicates the availability of the Products and it is possible to consult the shipping times in the appropriate section . However , this information is to be considered purely indicative and not binding for the Seller.
6 .2 . The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Website, unless a different deadline is indicated in the Order Confirmation itself .
6.3. In the event of a delay in the delivery of the Order of more than 30 (thirty) working days, the Seller will send the Consumer an e-mail to inform him of the new expected delivery date, as well as to inform him of the possibility of canceling his Order ; in the event that the Consumer decides to cancel his purchase, he will receive a refund of the entire amount paid, no later than 14 (fourteen) working days from the date of cancellation of the Order.
6.4. In the event of non-execution of the Order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will notify the Consumer in writing of said unavailability and will refund any sums already paid by the Consumer for payment of the Product, within and no later than 14 (fourteen) working days from the date of said communication .
6.5. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the Order Proposal is sent.
6.6 . The Consumer undertakes to check promptly and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with respect to the Order placed, according to the procedure of referred to in the following article 9 of these General Conditions of Sale; failing that, the Products will be considered accepted. If the packaging or casing of the Products ordered by the Consumer should reach its destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
7 .1. The prices of the Products (“ Prices/o ”) and the shipping costs (“ Shipping Costs ”, together with the Price, the “ Total Price ”) are those indicated on the Site and at the time the Order Proposal is transmitted. Prices and Shipping Costs are to be considered inclusive of packaging costs, VAT (if applicable) and any indirect taxes (if applicable ).
7.2 . If the Products are to be delivered to a country not belonging to the European Union, the Total Price must be considered net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in accordance with the provisions of the law of the country in which the Products will be delivered.
7.3 . The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous article 7.2., at the time of transmission of the Order Proposal to the Seller, cannot constitute grounds for termination of this Contract and that the Consumer will therefore not be able to charge the aforementioned charges to the Seller in any way.
8.1. The Seller accepts various payment methods. For further details, please refer to the appropriate section " PaymentConditions " on the Site.
9.1. The Seller is responsible for any defect of the Products and for the non - compliance of the same with the Order placed at the time of delivery, pursuant to and for the effects of the European Directive 771/2019/CE and of the Legislative Decree 06.09.2005, n . 2006 (“ Consumer Code ”).
9.2. The duration of the guarantee is 2 (two) years from the time of delivery of the Product, unless this is in conflict with the prevailing mandatory rules of the country where the Consumer has his habitual residence or has elected his domicile. The Consumer is informed of the fact that the direct action to assert the defects not fraudulently concealed by the Seller is prescribed in any case within 26 ( twenty -six ) months from the delivery of the Products.
9.3. The Consumer is also informed of the fact that, in order to comply with the Contract, the Product must possess the subjective and objective requirements, where relevant, pursuant to art. 129 of the Consumer Code.
9.3 . The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and/or with the instructions/warnings in this regard provided by the Seller, or indicated in the reference illustrative documentation, tags or labels.
9.4. The Consumer has the duty to report any defects and/or non-conformities of the Products to the Seller within 2 (two) months of discovering them, under penalty of forfeiture, by sending the appropriate Form to the e-mail address firstname.lastname@example.org Return Form for Defective or Non-Conforming Product correctly completed, with indication of the defect and/or non-compliance found, accompanied by the documentation indicated in the form itself (at least 1 (one) photograph of the Product, the Order Confirmation sent by the Seller and/or the tax receipt), also indicating which remedy it intends to use, among those provided for by the Consumer Code and better specified in the following article 9.6., according to the procedure described in the appropriate section of the Website " Information on the Right of Withdrawal and Returns ", to which reference is made in full .
9 .5 . Following receipt of the Form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through its Customer Service and, after having carried out the checks aimed at verifying the effective non-conformity of the Product, will decide whether to authorize the return , notifying the Consumer within a reasonable time via e-mail to the e-mail address provided by the latter during the registration process on the Site or when placing the Order . The authorization to return the Products will in no way constitute acknowledgment of defects or non-compliance, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with the Return Form for Defective or Non-Conforming Product and the copy of the return authorization communication, within 7 (seven) days from the authorization of the return by of the Seller, under penalty of forfeiture, to the following address:
Via Paris Bordone no. 12
31056 – Biancade (TV)
9.6. In the event that the lack of conformity of the Products purchased has been ascertained by the Seller , the Consumer will have the right, alternatively, (a) to restore conformity, (b) to receive a proportional reduction in the Price, (c) to terminate of the Contract, according to the provisions of the Consumer Code, indicating the relative remedy which he intends to use in the appropriate Return Form for Defective or Non-Conforming Product.
For the purpose of restoring the conformity of the Product, the Consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose excessive costs on the Seller, taking into account, in particular: (a) the value that the Product would have in the absence of the lack of conformity; (b) the extent of the lack of conformity; and (c) of the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer.
The Consumer can request, at his choice, an appropriate reduction of the Price or the termination of the Contract in the cases referred to in art. 130 of the Consumer Code.
9.7. The repair or replacement is carried out: (i) at no cost to the Consumer; (ii) within a reasonable period of time from the time the Seller was informed by the Consumer of the lack of conformity; and (iii) without significant inconvenience for the Consumer, taking into account the nature of the Product and the purpose for which the Consumer wanted the Product.
9.8. The price reduction is proportional to the decrease in value of the Product received by the Consumer compared to the value it would have had if it had been compliant.
9.9. If the Consumer has decided to terminate the Contract and the Seller has ascertained the non-conformity of the Product, the latter will refund the Consumer the price paid for the purchase of the Product . The refund will be made, where possible, using the same means of payment used by the Consumer when purchasing the Product, no later than 14 (fourteen) days from the Seller's ascertainment of the non-conformity of the Product.
10 .1 . The Seller will not be liable in any way towards the Consumer as a result of (i) damage or loss caused by the Products or by their use by the Consumer (without prejudice in any case to the application of the mandatory rules on manufacturer's liability ); (ii) damages that are not caused by default by the Seller; (iii) loss of business or trading opportunity.
11.1. The Consumer will have the right to withdraw from any contract concluded through the Site pursuant to these General Conditions of Sale , without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from the date on which (i) the Product has been delivered or (ii) in the case of the purchase of several Products delivered separately with a single Order , the last Product has been delivered .
11 .2 . To exercise the right of withdrawal, the Consumer is required to inform the Seller of his decision, before the expiry of the term referred to in the preceding point , by completing and sending the Return Form , according to the procedure described in the specific section of the Site " Information Right of Withdrawal and Return ", to which reference is made in full.
11.3. The direct risks and costs of returning the Products, as well as proof of the latter , will be borne by the Consumer. The Consumer will also be responsible for any defect in the Products caused by incorrect or insufficient packaging when returning the Products.
11.4. In the event of withdrawal, the Consumer will be reimbursed for the payments he has made, including the Shipping Costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery offered by the Seller), without undue delay and, in any case, no later than 14 (fourteen) days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the transaction; in any case, the Consumer will not have to incur any costs as a result of this reimbursement. The refund may be suspended until receipt of the Products, in order to allow the Seller to carry out the checks referred to in article 11.5 below.
11.5. The Consumer is responsible for any decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products themselves. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the Product) , not accompanied by instructions/notes/manuals attached, by the original packaging and by the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the Product, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the Product beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protect it during transportation.
12 .2. The contents of the Site may not be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller .
13.1. All the Consumer's personal data will be treated in a strictly confidential manner in compliance with current legislation on the protection of personal data. For detailed information on the methods of processing personal data, the Consumer is invited to consult the PrivacyPolicy published on the Site.
14 .1. Although the Seller adopts measures aimed at protecting the personal data of Consumers against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller does not can guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
14 .2. With regard to payment data, the Seller adopts technological systems capable of guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web .
15.1. For any information request, please contact the following addresses:
Pinarello Customer Service
via della Republica n. 12
16 .1 . Each sales contract concluded between the Seller and the Consumers pursuant to these General Conditions of Sale will be governed and interpreted in accordance with Italian law and in particular by the Consumer Code , with specific reference to the legislation on distance contracts, and by the Decree Legislative 09.04. 2003 no. 70 on aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by any mandatory law in force in the State of habitual residence of the latter will remain unaffected.
16.2. For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place in which the Consumer resides or has elected domicile will be competent.
16.3. Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the Consumer that, in the event that the latter has presented a complaint to the Seller, following which it has not been possible to find a negotiating solution, the Seller will provide information on the Alternative Dispute Resolution bodies for the out-of-court settlement of disputes relating to the obligations deriving from contracts concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).
16.4 . The Seller also informs the Consumer that a European platform for the online resolution of consumer disputes has been set up (the “ European ODR Platform ”). The European ODR Platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the European ODR Platform, the Consumer will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure of the dispute in which he is involved. The Seller's e-mail address to be indicated on the European ODR Platform is the following: email@example.com
17.1. These General Conditions of Sale may be modified at any time. The Consumer will be asked to accept only the General Conditions of Sale in force at the time the Order Proposal is sent. The new versions of the General Conditions of Sale will be effective from the date of publication of the same on the Site and in relation to the Order Proposals presented after that date.