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
infobike@pinarello.com .
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 infobike@pinarello.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 infobike@pinarello.com 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 .1. The Consumer declares to be informed that all brands and names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products.
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 .
12.3 . For more information, the Consumer is invited to consult the Terms of Use published on the Site.
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 .
12.3
.
For more information, the Consumer is invited to consult the Terms of Use
published on the Site.
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
Villorba (TV)
infobike@pinarello.com
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: infobike@pinarello.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.
