The purchasing conditions - general provisions
Any purchase order for any product submitted to Bikermarket through the Site by any potential client hereinafter referred to as "Customer", constitutes Customer's contract proposal and therefore will be considered an actual order from Bikermarket only if, and when, the same will be confirmed for acceptance.
For clarity, in accordance with art. 5 of Legislative Decree no. 22 May 1999 n. 185, defining customer (qualified as a "consumer" under article 1 letter b of the decree and not "dealer" or "company") the person is acting for purposes not related to their professional activity).
After sending the client's proposal, Bikermarket send confirmation of receipt of the order proposal and the same background information provided for in Article 4 of Legislative Decree 22 May 1999 n. 185 implementation of Directive 97/7 / EC on the protection of consumers in respect of distance contracts. Bikermarket will then accept the order proposals only after verifying the completeness and correctness of the proposal and the availability of products ordered.
In case of acceptance of the order proposal, Bikermarket will transform the same order in bringing the word "confirmed" at the order by e-mail.
After confirmation, the company is committed to fulfill the order in the time required that normally are quantified in a few days unless circumstances beyond.
Bikermarket reserves the right not to accept orders incomplete or not properly completed.
In case of failure to execute the order by Bikermarket, the same will soon inform the customer by e-mail.
The tax records relating to the sale will be issued by Bikermarket upon shipment. All shipments travel with invoice.
The contract is deemed concluded when payment has been made the customer will own the products ordered.
It is recalled that article 5 provides that the consumer can exercise the right of withdrawal in accordance with the provisions of law and in the manner provided in this site.
Shipping arrangements and delivery
All shipments are by courier third.
Bikermarket always informs the customer of the shipment of goods by sending an e-mail confirmation with the tracking number of the courier and the link to check the shipping status on the Internet.
The goods are delivered to the recipient within the time specified on the site www.bikermarket.it depending on the type of shipping chosen by the customer.
Bikermarket has the right, in its sole discretion, to make delivery of products ordered by a carrier other than accredited or by other means it deems appropriate.
The delivery times indicated by Bikermarket are products available at its stores and, despite being carefully evaluated, they are not binding for Bikermarket, which can then confirm or change, depending on your actual needs or acts of God.
Any delay in delivery does not entitle the customer to refuse delivery of the products, nor to claim damages or compensation whatsoever. Bikermarket shall nevertheless endeavor to keep the customer informed of any changes in their delivery. Bikermarket disclaims any liability arising from failure to deliver the goods for absence of the recipient and / or incorrect address given by the customer and also not responsible for damage resulting from the transport of goods and therefore not attributable to Bikermarket.
Given the choice by the customer the option "partial delivery", Bikermarket shall be entitled to make delivery of products (relative to the same order) in several deliveries. The customer pays however only the transportation cost of the first shipment, and subsequent transport costs for goods on back order will be free of charge.
Shipping costs and delivery
All transport costs are charged to the customer and will vary according to several factors such as distance, volume or weight.
The payment methods
the methods of payment accepted are:
- Bank transfer
- Credit card
The data to make the payment shall be communicated to the customer in the order process.
The intervention of the Ministry concludes by calling attention to the Legislative Decree No. 50/92 in respect of contracts negotiated away from business premises and Decree No. 185/99 on the protection of consumers in respect of distance contracts, in complying with the obligations to protect the consumer related to the sale online.
In particular, the regulation of the relationship between business and consumers requires that:
- The presentation of the offer must be provided to the consumer clear information on the identity of the supplier and the characteristics of the goods (price, delivery costs, payment terms, right of withdrawal);
- Before or at the time of the contract, such information must be confirmed in writing or, at the request of the consumer, in another durable medium;
- The right of withdrawal is exercised by written notice, and the consumer must keep the acknowledgment of receipt of the letter with which it communicates or confirms the exercise of this right. In this case, the supplier is required to reimburse the sums paid by the consumer as consideration for the sale of the property.
The contract must be executed within 30 days from the day following that on which the consumer forwarded his order.
Circular no. 3487 / C of the Ministry of Industry whose object Legislative Decree No. 114 of March 31, 1998 "Regulations on the sale of goods via electronic means. Electronic commerce
The right of withdrawal for those defined as "consumers"
In accordance with the provisions of D.lgs.185 / 1999 implementing Directive 97/7 / EC on the protection of consumers, the natural person (qualified as "consumers" pursuant to Art. 1 letter b of the decree and not "dealer" or "company" as it acts for purposes not related to their professional activity) has the right to return products purchased and ask for the replacement of the goods or refund the full with the exception of transport costs (both for the 'sending and returning the goods) communicating such decision by registered mail within 14 days of receipt of the package. Communication can also be sent by fax or e-mail, provided that the decision to exercise the right of withdrawal is confirmed by registered letter with return receipt within the following 48 hours. The letter should contain a copy of proof of purchase.
Upon receipt of the registered letter will be contacted and will receive an e-mail for authorization. The goods must be returned, at the expense of the customer, in packaging and / or original packaging and perfectly intact, to the following address:
Biker Market, Via Aldo Moro, 202-66020 Sambuceto (CH).
Refund will be made, as required by law, as soon as possible but within a maximum of thirty days from receipt of the returned goods. The replacement of defective or sent by mistake will be possible if made within 14 days from the date of delivery and provided complete in every part: unopened, manuals, registration cards and / or guarantee.
Otherwise, the right of withdrawal can not be exercised and the goods will be returned to the customer with shipping costs charged to the same.
The shipping costs for any type of purchase, for which the customer decides to exercise the right of withdrawal, will always be withheld.
In the event that the product made Biker Market was partially damaged or missing any parts, you will be charged € 30.00 + VAT by way of reimbursement for expenses to be incurred for the repair or restoration of the functionality of the product.
In case of damage regarded as irreparable, the return will not be accepted and the product will be returned to the customer.
OBLIGATIONS OF THE CONSUMER
The consumer and / or customer agrees and undertakes, once the purchase procedure "on line", to handle the press and keep the present general conditions and the specific features of the product purchased, and so as to to fully satisfy the conditions of Articles. 3 and 4 of Decree. Legislative. No 185/1999.
It is strictly prohibited to enter false data, and / or fantasy, the registration process required to provide him with the procedure for the execution of this contract and the subsequent communications; data details and e-mail must be their only real personal data and not some other person, or fantasy. It is expressly forbidden to make multiple registrations of the same person or enter data of third persons. Bikermarket of Zavatta Marco reserves the right to prosecute any violation or abuse, and for the protection of all consumers.
The Customer indemnifies Bikermarket of Zavatta Marco from any liability arising from the tax records incorrect because of errors in the data supplied by the customer, being the Client is solely responsible for the correct entry.
Execution of the contract
1. Unless otherwise agreed between the parties, the supplier must execute the order within thirty days from the day following that on which the consumer forwarded his order to the supplier.
2. If that is not completed by the supplier, due to unavailability, even temporary, of the good or service required, the supplier, within the period referred to in paragraph 1, inform the consumer, in the manner of the D Decree Law of article 4, paragraph 1, and shall refund any amounts already paid for the payment of the supply. Except where the consumer, before or at the time of conclusion of the contract, the supplier can not meet by running a supply different from that agreed upon, even if equivalent or greater value and quality.
The period of validity of the offers and prices
Offers and prices listed in the site are to be considered as a simple offer proposals. The same fact is confirmed from time to time in writing by Bikermarket phase of acceptance.
Offers and prices listed on the site are still correct in the assessment and valid for the duration of the offer or until any changes in good time given on the Site itself.
In the event of a price increase for orders placed and accepted by Bikermarket, the same guarantees the price valid at the time of the order.
If a decrease of price for orders placed and accepted by Bikermarket, the same undertakes to make corrections to the order itself.
They will not accept complaints and / or return of goods to price changes in contract (receipt of the goods and payment). Any discounts and special offers published on the site will never be seen as retroactive.
It specifies that the images published are purely indicative and non-binding, subject to the truthfulness of the characteristics and the description of the items offered for sale.
Services and product warranties
All products are covered by a 24 month warranty against manufacturing defects unless otherwise stated on the Site.
The warranty is void if the products:
- They do not use them according to the parameters established by the manufacturer;
- They are tampered with;
- They are not intact or not packed properly with all accessories in original boxes;
All accessories for sale on this website must be installed by trained personnel. Biker Market assumes no responsibility for the incorrect installation and / or damage caused to property and / or persons caused by failure to meet this standard of behavior.
Some of the items sold on the site www.bikermarket.it (arrows, lights, headlights, mirrors, etc.) are not approved according to the local traffic regulations, for which they can be used only for demonstration purposes, such as fairs, exhibitions etc. and not for driving on the road. Biker Market accepts no responsibility for any violation of traffic rules by the customer and the relative, if any, consequences of administrative, civil and criminal.
Support for products that do not benefit from direct support from the manufacturer
In case of a manufacturing defect, the customer must send ready message to the e-mail email@example.com to fax number 085 4461963.
In the notice shall state clearly:
- Personal data
- The product to make
- The references of the invoice
- The reason for the return and any useful information to identify the problem
Transport costs are always paid by the customer unless otherwise agreed with Bikermarket.
In the event were not made known product manufacturing defects indicated, will be charged to the customer a flat rate of 30 € + VAT for the workforce as well as shipping costs.
Do not make any substitutions of any kind before you have received and tested according to the procedure defective products.
Product Support enjoying direct support from the manufacturer
For products covered by the warranty directly from the manufacturer, you can request the return process to be followed or the address to which go for the service requested by sending an e-mail to firstname.lastname@example.org.
pursuant to art. 13 of Legislative Decree no. 196/2003 that Bikermarket of Zavatta Marco will process the data you provide in accordance with regulations regarding the protection of personal data.
The personal information you provide is collected by electronic means and treated, even with the help of electronic means, directly for the following purposes:
- Allow the exact obligations arising from the purchase contract which is part concerned and / or for the acquisition of the necessary contractual information always and exclusively activated on the latter's request (art. 12, letter. A and B, L . 675/96).
- Purposes connected with the newsletter service, request information and / or reports including through the use of electronic mail;
- Submission of reports on our activities through the use of electronic mail.
In any case, your data will not be disclosed or sold to third parties. Within www.bikermarket.it, data may be known only by those specifically charged with operating support services to registered customers.
Under Article. 7 of Legislative Decree no. 196/2003, you have the right at any time to obtain from the data processor, information about the processing of your data, its methods and aims and logic applied to it as well:
1) the confirmation of the data and their communication and their origin;
2) the identification of the owner and managers and the persons or classes of persons to whom the data may be communicated or who can learn about them as managers or agents;
3) the updating, rectification and integration of data;
4) the cancellation, anonymization or blocking of data in violation of law;
5) confirmation that the operations referred to in points 3) and 4) they have been brought to the attention of those to whom the data were communicated and disseminated, with the exception of cases where this proves impossible or involves a use of means clearly disproportionate to the protected right;
6) to oppose: the processing of data pertinent to the purpose of collection, for legitimate reasons; the processing of data for purposes of commercial information or for carrying out market research.
Personal Data Manager is Bikermarket Zavatta of Marco in the person of its CEO.
Subject to any applicable mandatory provisions of law for the protection of consumers (as defined under article 1 letter b) of Legislative Decree no. 22 May 1999 n. 185), any dispute related to terms of purchase through the Site www.bikermarket.it, shall be under the exclusive jurisdiction of the Court of Pescara.
In cases of questions of understanding and interpretation of these terms and conditions the Italian version is solely decisive.