FOREWORD
a) These General Terms and Conditions of Sale (GTC) apply to all commercial transactions concluded online through the procedure provided on the website www.konoscycling.it (Website) by consumers (Customers) - by which is meant natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity carried out - relating to the sale of bicycles, cycling accessories (Products) marketed on the Website.
b) The Products are offered for sale by KonosCycling di Sanseverino Cono G. with registered office in via Codaglioni, snc, 84039 Teggiano (SA) - P.IVA 05857830656 - C.F. SNSCGS88B26E977J - sole proprietorship registered with the Chamber of Commerce under no.REA: SA-479206 - registered in the Companies Register under no. SNSCGS88B26E977J - e-mail: info[at]konoscycling.it - PEC: mail[at]pec.konoscycling.it (KonosCycling).
(c) These GTC may be subject to change by KonosCycling. Amendments come into effect when the updated text of the GTC is published on the Website.
OBJECT OF THE ONLINE CONTRACT
- Upon completion of the online contract, KonosCycling sells, to the customer who purchases at a distance, the products and services, through the store.
- The products that KonosCycling markets can be viewed on the web page konoscycling.co.uk , they are subject to changes that KonosCycling reserves the right to make at any time prior to the conclusion of the online contract.
- The services that KonosCycling performs, consist of the possibility for the customer to customize the bicycle in its parts or components, purchased by the customer on the site konoscycling.it .
- By placing the order, the customer assumes all responsibility with regard to the type of customization.
- The seller is not responsible about the use of the products provided to the customer.
- KonosCycling reserves the right to use the photos and configurations of the customizations made, limited to the products made, for promotional or advertising purposes in print or electronic media.
ONLINE CONCLUSION AND COMPLETION OF THE CONTRACT
- The legislation governing the said type of sale for the Consumer Customer is governed by D. Lgs. 50/1992, D. Lgs. 114/1998, D. Lgs. 185/1999, D. Lgs. 206/2005, bearing the provisions for the protection of consumers and in particular articles 50 to 68 concerning distance selling and, D. Lgs. 70/2003. The General Conditions apply to all online orders placed on the website konoscycling.it
- By checking the box "I have read and accept the terms and conditions of the website" during the procedure of purchase, creation of new account and conversion of quote to order through the konoscycling.co.uk website, the customer accepts all the contractual conditions proposed in the general information, the express acceptance of the General Conditions is a necessary condition to complete the purchase procedure.
- The customer is responsible for the accuracy of the e-mail address provided and all information required to create the account (first name, last name, telephone number, e-mail address, social security number, billing and shipping address).
- The online contract is concluded, for the customer, with the 'acceptance of these terms and conditions and for KonosCycling with the receipt of' customer order through the store.
- It is the customer's right, to view at any time the summary of the data entered in the order, including price, shipping costs, ancillary charges, payment method and delivery method.
- Upon confirmation of receipt of the order, KonosCycling will send the customer a confirmation e-mail to the address provided by the customer, in which e-mail will be summarized the data entered in the order, including price, shipping charges, ancillary charges, payment method and delivery method.
- The price of the sale will be paid by the customer in favor of KonosCycling in the manner indicated in the following point.
RESERVATION OF PRODUCT OWNERSHIP
Title to all Products delivered to the Customer shall remain with KonosCycling until full payment by the Customer of the consideration agreed upon with reference to the Contract. Notwithstanding the foregoing, it is understood that all risks associated with the Products are assumed by the Customer upon their delivery to the Customer or to a third party designated by the Customer.
METHOD OF PAYMENT
Payment for the order, can be made by one of the following systems:
-Bank transfer
-Credit/Debit Card (Visa, Mastercard, American Express)
-PayPal
-Cash to courier (in Italy, where applicable)
- Payments made by credit cards and PayPal are not charged fees on the customer.
- A handling fee of 3% of the total is applied to the cash on delivery payment method.
In any case, before the customer makes payment, the seller shall seek the consumer's express consent for any additional payment beyond the agreed remuneration for the seller's main contractual obligation.
PRICES AND SHIPPING
- Prices of goods in the online catalog are in euros, including VAT but not including shipping costs.
- The overall total presso, visible during the final stage of purchase, is always VAT included (where applicable), unless otherwise specified.
- Shipping charges can be calculated before the online order is completed and/or before the quote is accepted.
- The shipment will be marked with an identification number that will be issued by the courier; through special link that will be sent to the customer via e-mail, the customer can, therefore, track the shipment.
- By accepting the terms and conditions, the customer agrees to the selected carrier and its conditions. (Terms and conditions carrier: BRT, DHL, GLS, Italian Post, TNT, UPS )
- It remains valid the possibility, for the customer, to choose the pick-up at the premises to be made within 5 calendar days at the KonosCycling operational headquarters located in Via Largo Silla, snc, 84038 Sassano (SA). Beyond this deadline and for products not customized and/or not subject to pre-order, the Seller reserves the right to cancel the order and proceed to refund.
DELIVERY OF PRODUCTS
- The order will be delivered to the customer, barring unforeseen circumstances, within the term indicated in the order confirmation. The deadline is, however, always to be considered indicative and not binding.
- The product will be delivered, in any case, within the maximum period of thirty days from the date of receipt of the order.
- In the event of the unexpected unavailability of a product indicated as available at the time the customer submits the order, the customer will be informed by the seller by e-mail. In this case, the customer may replace the unavailable product with an available one or choose to be refunded any amount related to the order placed.
- In any case, the Seller's responsibility for the unexpected unavailability of a product is excluded, just as the Seller cannot be held responsible for any postponement of delivery by the companies supplying it.
- In the event that the seller fails to deliver the good(s) within the agreed term or, in the absence thereof, within thirty days, the Customer shall invite the seller to make delivery within an additional term; once the additional term granted has expired without the goods having been delivered to him, the Customer shall be entitled to terminate the contract. The Customer shall bear the burden of granting the seller the additional period of time, except in cases expressly provided for in the current legislation.
- Shipment will be made to the location that will be indicated by the Customer when placing the order; if the Customer is absent at the time of delivery, a notice will be issued inviting the Customer to contact the Seller to arrange delivery arrangements.
- Upon delivery, it is the Customer's responsibility to verify that the packaging is not damaged or tampered with in which case, he must specify this in writing in the carrier's delivery document by affixing the words "accepted with reservation", indicating the visible signs of damage or tampering. By omitting this procedure, the Customer may not claim damages from the carrier.
- However, all liability of the Seller for delays, omissions and inefficiencies in deliveries, attributable to fortuitous events or force majeure or to errors due to incorrect or partial indications of the delivery address, telephone number and contact name given in the purchase order is excluded.
RIGHT OF WITHDRAWAL
In preamble, it should be noted that, pursuant to art.55 of Legislative Decree 06/09/2005 No. 206 (Consumer Code), the right of withdrawal does not apply to goods that are custom-made, customized or that due to their structure, cannot be returned, are likely to deteriorate rapidly or may be damaged. In the event that the product for sale falls into one of the cases referred to in Article 55 described above, the Site will report this indication with the phrase "Right of withdrawal does not apply" in the product sheet in the "Return" field. Items with the statement "Available on order" also fall under the same case. We encourage you to always check for such wording.
With respect to neutral (non-customized) products, the customer has the right to withdraw from the purchase contract for any reason. In this context, to exercise the right of withdrawal, the customer must send us a notice within fourteen (14) days from the date on which you acquire physical possession of the product purchased from KonosCycling.
The described notice, must contain an explicit statement in reference to the right of withdrawal exercised and, must be forwarded to KonosCycling by registered letter with return receipt or PEC, to be sent to the registered office of KonosCycling or to the above-mentioned PEC address, if necessary preceded by communication by e-mail, to be confirmed within forty-eight hours thereafter by registered letter with return receipt or PEC.
The customer who withdraws from the contract, will be refunded all payments made in favor of KonosCycling, including the costs of standard delivery 3 days, without delay and in any case no later than fourteen days after receipt of notice of the 'exercise of the right of withdrawal.
In this regard, the refund is made using the same means of payment used by the customer for the initial transaction.
In any case, the customer will not incur any costs in relation to the 'exercise of the right of withdrawal.
The product subject to the right of withdrawal, adequately packaged protected in a box, must be shipped or delivered to the operational headquarters of KonosCycling, without undue delay and no later than fourteen days after the 'sending of the notice concerning the exercise of the right of withdrawal.
PROCESSING OF PERSONAL DATA
KonosCycling declares and guarantees that it will process the Customer's personal data in compliance with Regulation (EU) No. 679/2016 and national privacy legislation (D. Lgs. 196/2003 and s.m.i.), as well as in accordance with what is described in the Privacy Policy available on the website konoscycling.it
COMMUNICATIONS AND COMPLAINTS
For any communication or any claims of the Customer against KonosCycling regarding the purchase contracts, they should be communicated by e-mail to the address info[at]konoscycling.it .
PORTAL USE AND RESPONSIBILITY OF THE PARTIES
- The User enjoys the services offered by the shop-on-line platform at his or her own expense: the provision of the PC and Internet connection is at his or her own expense;
- KonosCycling is not responsible for the misuse of the site by users, for inefficiencies or malfunctions of the site and does not assume responsibility for inefficiencies attributable to force majeure, in case it fails to execute the order in the time stipulated in the contract;
- In the event of non-performance of the contract due to causes not attributable to KonosCycling, the latter shall not be liable to the Client for any damages, losses or costs incurred, the Client having the right to a full refund of the price paid and any ancillary charges incurred;
- KonosCycling assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, cash-on-delivery and other means of payment, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence;
- The Portal is made available without the issuance of any specific guarantee or license: the user who uses it assumes all the risks associated with the use of the Internet and computer applications (hardware and software) and must ensure that he or she is in compliance with basic computer security safeguards (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;
- KonosCycling is not responsible and shall not be liable for any viruses, malicious codes or any problems related to the User's internet browsing as they are not dependent on the Seller's own work;
- In particular, KonosCycling disclaims any liability related to the following:
(a) Incompatibility of the Site with the equipment, software and telecommunications connections available to the User;
(b) Attacks suffered by the buyer/consumer while browsing the web (by way of example but not limited to: viruses, malicious codes, etc.);
(c) Damage to computer equipment/software that the professional Buyer uses for browsing not directly attributable to the seller,
d) Disruption or malfunction of the Portal attributable to force majeure;
e) Disruptions or malfunctions related to the use of the Internet outside its own control or that of its subcontractors, except in the case of willful misconduct or gross negligence;
(f) Disruptions to shop-on-line service;
(g) Fraudulent and unlawful use that may be made by third parties, of credit cards, cash-on-delivery and other means of payment, when paying for the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
- The customer agrees, upon completion of the online purchase process, to arrange for the printing and storage of this contract.
AFTER-SALES SERVICE
Subject to Seller's responsibilities, the Customer may contact KonosCycling for any information or support regarding the Contract by e-mail at: info[at]konoscycling.itAPPLICABLE LEGISLATION
The GTC and individual Contracts are subject to Italian law. In any case, the mandatory provisions of the law of the country in which the Customer has his or her habitual residence shall not be affected.
INFORMATION PURSUANT TO ARTICLE 14 OF EU REGULATION 524/2013
The Customer is informed that, pursuant to Article 14 of EU Regulation no. 524/2013, a European platform for "online" dispute resolution (so-called ODR - Online Dispute Resolution) has been established and can be accessed at https://webgate.ec.europa.eu/odr, where it is possible to find further information on the use of alternative dispute resolution bodies and to consult the updated list of ADR bodies, find their contact details, including the link to their website, as well as any useful information on how to refer to one of these bodies and resolve any disputes electronically