Terms and conditions of sale
These General Terms and Conditions of Sale and Warranty (hereinafter referred to as the “Terms and Conditions”) exclusively govern the contractual relations between customers of the website www.ebikeforlife.it (hereinafter referred to as “Customers”) and the seller DirAuto S.r.l. with registered offices in via G. Romanino 16 20122 Brescia, Tax Code/VAT n.: 03783930989 (hereinafter referred to as “Ebikeforlife”) in compliance with the regulations specified in Italian Legislative Decree n. 206 dated 6 September 2005 (Consumer Code) and in Italian Legislative Decree n. 70 dated 9 April 2003.
These General Terms and Conditions are the only Terms and Conditions applicable and supersede all other terms and conditions, unless expressly waived in advance in writing. The Seller may be obliged to modify some of these conditions; Customers are therefore advised to read the Terms and Conditions of Sale and Warranty with every purchase from the website www.ebikeforlife.it (hereinafter referred to as “the Website”). Every purchase from the Website is subject to the Terms and Conditions applicable on the date of the order. The Seller trusts that, once the order has been validated, the Customers have read and accepted the Terms and Conditions without reservation. The Customers undertake to comply with the General Conditions and Conditions of Use detailed in the 21 points in this section.
2. GENERAL PREMISES
Our website www.ebikeforlife.it sells bicycles, clothing and accessories for cyclists on a retail basis. The sale of products on this site is exclusively for Italy and Europe. Sale takes place exclusively via our online Website at www.ebikeforlife.it owned by the Vendor, a joint-stock company that sells goods or services through Sale online, i.e., a contract concluded exclusively within the framework of the system of remote communication commonly referred to as the Internet.
3. MINIMUM AGE REQUIREMENTS
The sale of the Products is reserved to Clients of adult age. Ebikeforlife cannot be held responsible for situations in which the Customer operates in violation of current regulations regarding purchase restrictions based on age.
4. PRODUCT CHARACTERISTICS AND PRICES
The Product characteristics are shown on the relative information page on the Website. The Product prices are shown in Euro and are inclusive of VAT (value-added tax), save for indications to the contrary. All further or additional costs will be expressly indicated in the “Basket Total” before the order is confirmed.
Product prices may be modified by Ebikeforlife at any time, without prejudice to the fact that the price charged to the Customer will be equal to that indicated on the Product information page on the Website at the moment of sending the order and shown in the “Basket Total”.
The images and descriptions on the Website represent the Product characteristics as accurately as possible. In any case, these images must be understood as indicative and within the tolerances of use; for the purposes of the purchase contract, reference will be made to the Product description contained in the order summary sent by the Customer.
There is no minimum order amount, it is also possible to order a single product.
5. PRODUCT AVAILABILITY
In the event that one or more of the Products ordered and purchased from the Website by the Customer are no longer available after the order has been sent, Ebikeforlife will undertake to promptly inform the Customer within 2 working days from receipt of the order.
Within 24 hours from receipt of said communication, the Customer will have the right to: withdraw from the purchase contract, cancelling the order and obtaining a refund of the sum paid within 7 working days, or request the substitution of said products with others available from Ebikeforlife, or – in the event that the order is for multiple products – confirm purchase exclusively of the available products, receiving a refund for the sum paid relative to the cost of the unavailable products within 7 working days.
The sums to be refunded will be paid by Ebikeforlife via credit to the same form of payment used by the Customer for the purchase.
6. HOW TO BUY
The Customer selects the products that they intend to purchase by clicking on the “add to basket” button. The Customer may view the contents of the basket at any time by clicking on the button “View basket”, which will also allow them to modify the quantity or eliminate the products. In this area, the Customer will have the opportunity to enter Promotional Codes and/or Gift Vouchers.
After having checked the content of the basket and the total costs shown in the “Basket Total”, the Customer can proceed with sending the order.
In order to purchase products, the Customer must register on the Website by entering their email address and password. The Customer must then fill in the order form with the shipping details (region, city, province, street, postcode).
Each order for Products sent to Ebikeforlife constitutes a contractual proposal by the Customer and is therefore binding for Ebikeforlife only if confirmed as received by the latter.
Ebikeforlife reserves the right to refuse or cancel orders from: users who are involved in current legal action.
- users who have previously breached these Terms and Conditions of Sale and/or the Terms and/or Conditions of a purchase contract with Ebikeforlife.
- users who have been involved in fraud of any kind and, in particular, in fraud regarding credit card payments;
- users who have provided false, incomplete or in any case inexact personal details.
Once the order has been received, Ebikeforlife will send the Customer an order confirmation to the email address provided on registration, which will contain a summary of the products purchased and relative prices as well as the delivery costs, together with contact information for support.
The Customer may cancel the order made only if the items have not yet been sent, and in any case within 72 hours from order confirmation. Once said period has passed or if the Products have already been sent, the Customer may exercise their right to withdrawal under the conditions and in accordance with the procedures indicated in the general terms and conditions.
7. ACCEPTED PAYMENT METHODS
The Seller uses the payment method:
- Bank transfer.
- Credit card – via the PayPal circuit.
- Payment in instalments (12 to 36 months).
- Long-term rental
The data provided via the PayPal website will be processed directly by the same and will not be transmitted to or shared with Ebikeforlife.
In the event of payment via PayPal, the total amount due will be charged by PayPal to the user on conclusion of the contract via the Website. In the event of termination of the purchase contract and in any other case of refund for whatever reason, the sum of the refund due to the Customer will be paid to the PayPal account of the same, save for alternative arrangements agreed between the Customer and Ebikeforlife. The time necessary for refunds to be made to the method of payment connected to the aforementioned account depends exclusively on PayPal and the banking system. Once the refund has been ordered for the aforementioned account, Ebikeforlife cannot be held responsible for any delays or omissions in the amount refunded to the Customer, and any necessary complaints must be made directly to PayPal.
8. ELECTRONIC INVOICE
The fiscal documentation relative to the products ordered will be issued by Ebikeforlife together with the sending of the same to the Customer.
In the event that purchase is made by a holder of a VAT number requiring a VAT invoice, this can be requested during the order process by selecting the relative items.
By making an order via the Website, the user grants their consent to receiving the requested invoice in electronic format only. The information used to issue the invoice will be that provided for the purpose by the Customer, who declares and guarantees that said information is correct, undertaking to indemnify and hold harmless Ebikeforlife from all damages, including any sanctions issued by relative authorities, as a result of any inaccuracies in the aforementioned information.
9. SHIPPING FEES
The price of the products is as indicated on the website www.ebikeforlife.it when the purchaser places the order. Prices include standard packaging costs, VAT (if applicable) and indirect taxes (if applicable).
Shipping costs will be indicated when the order is placed.
Any unawareness on the part of the buyer regarding the aforementioned costs, charges, duties, taxes and/or levies at the time of placing an order with the Seller shall not constitute grounds for termination of the contract and shall in no way be justification for charging the said amounts to the Seller.
Shipping is free with amounts of more than 99 euros.
For shipping abroad, Customers may request information by writing to email@example.com
10. DELIVERY OF GOODS AND ACCEPTANCE
The website www.ebikeforlife.it indicates the availability of products and the relative delivery times. However, this information is to be considered as purely indicative and not binding for the Seller. Delivery is usually completed within 7 working days from the moment the consumer receives the email confirming the order and successful payment.
The purchaser can check the status of their shipment by tracking it online using the tracking number provided in the purchase confirmation email on the website of the carrier indicated. In any case, Ebikeforlife will send the consumer an email notification of the status of the order.
If the packaging or wrapper containing the products ordered should reach the destination in a clearly damaged state, the buyer is requested to refuse delivery from the carrier or to accept the delivery “with reservations”.
All e-bike products purchased on the Ebikeforlife website come with a minimum 24-month warranty.
Furthermore, all the products present on our Website in the online catalogues are covered by the standard warranty, if any, which is provided directly by the manufacturers, and the reference regulations and methods of application of the warranty shall be those indicated and highlighted by the manufacturer together with the product.
In addition to the conventional product warranty provided by the manufacturer, in compliance with articles 128-135 of Italian Legislative Decree no. 206/2005, a legal warranty for defects in conformity is provided for. The legal guarantee in favour of the Consumer (natural person purchasing the goods for purposes other than business or professional activity) covers any defect in conformity present at the moment of delivery of the goods, and any that appear within two years from the delivery of the Product.
The lack of conformity has to be notified within two months from the date on which the consumer discovers the non-conformity, otherwise the warranty shall no longer be valid. Actions against the Seller shall in any event lapse after twenty-six months from delivery of the Product. In the event of a defect in conformity, the Customer has the right to have the goods rendered compliant, free of charge, through repair or replacement, or to an appropriate reduction in price or termination of the contract, in accordance with the provisions of Article 130 of Italian Legislative Decree no. 206/2005. In this regard, the Customer must keep the invoice or receipt for the order that they receive by email in electronic PDF format.
Once the product returned by the Customer has been verified, if following checks and/or interventions regarding the product in question it is found that the non-conformity reported does not constitute a defect in conformity pursuant to articles 128 et seq. of Italian Legislative Decree no. 206/2005, any costs for verification and repair, in addition to transport costs, sustained by the Seller will be charged to the Customer.
12. INFORMATION, SUPPORT AND COMPLAINTS
It is possible to request information, send communications, request support or send a complaint by contacting Ebikeforlife as follows:
- Phone: +39 3395061683
- Email: info@ebikeforlife
Ebikeforlife will respond promptly to any complaints presented and in any case within seven working days from receipt of the same.
13. RIGHT OF WITHDRAWAL
The Customer, in the role of consumer, has the right to withdraw from the contract concluded with Ebikeforlife without further cost other than those indicated in this article and without having to specify the reason within fourteen (14) calendar days (Withdrawal Period):
- in the case of orders for a single product from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the product;
- in the case of orders for multiple products with separate consignment dates from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the final product;
- in the case of orders regarding the consignment of a product consisting of multiple batches or items, from the day on which the Customer or a third party other than the transporter and designated by the Customer acquires physical possession of the final batch or item.
In order to exercise the right of withdrawal, the Customer must inform Ebikeforlife of their decision to withdraw within the aforementioned period of 14 working days by sending a request to the email address firstname.lastname@example.org
In order to return the product, the Customer may make use of a transporter of their choice with return costs paid by the same. In this case, after having exercised the right of withdrawal in the manner indicated in this article, the Customer must undertake to return the Product to Ebikeforlife via a transporter of their choice, under their own responsibility and at their own cost, without unjust delay and in any case within 20 calendar days from the date on which they informed Ebikeforlife of their decision to withdraw. The Product must be appropriately protected and packaged and sent to the following address: DirAuto S.r.l., Via Alessandro Manzoni 135, 25040, Berzo Inferiore, Brescia.
In the event that the Client wishes to rely on Ebikeforlife’s shipping services for the return of a Product, the rates are as follows:
- 50 euros for the return of an Ebike;
- 10 euros for amounts less than 99 euros.
Once Ebikeforlife has received the returned product in a perfectly integral state in its packaging, within 14 working days the same will undertake to refund the total amount due as paid by the Customer for the returned product. The refund will be paid via the same payment method used by the Customer to purchase the Product, save for agreements to the contrary between the parties.
The Product must be returned intact and fully complete, in its original packaging, accompanied with all relative accessories still attached and devoid of all signs of usage or dirt. The return procedure is applicable to the Product as a whole. It cannot therefore be applied with regards to parts and/or accessories of the Product (which do not constitute autonomous Products).
In the case that the right of withdrawal has not been exercised in compliance with the previsions of the applicable regulations, this will not result in the termination of the contract and, therefore, the Customer will not have the right to any form of refund. Ebikeforlife will, in this case, inform the Customer that their request for withdrawal has been denied. In the event that the Product has already been returned to Ebikeforlife, it will remain available for collection by the Customer, under the responsibility and at the expense of the same.
Customers are reminded that, pursuant to the Consumer Code, right of withdrawal is excluded in the case that the sale contract concerns:
- products made to measured or clearly personalised;
- sealed products that are not suitable for return for reasons of hygiene or regarding the safeguarding of health, or that have been opened after delivery;
- products that risk deterioration or rapid expiry.
The Vendor shall not be liable for inefficiencies due to force majeure that prevent the contract from being executed in whole or in part within the agreed time. The Seller shall not be liable for any damages, losses and/or costs incurred as a result of the non-performance of the contract for the aforementioned reasons, the Customer only being entitled to a refund of the price paid.
In contracts under which the Seller is obliged to dispatch the goods, the risk of loss of or damage to the goods remains with the Seller until the Customer takes physical possession of the goods. If, however, the Customer proposes means of transport for the goods other than those proposed by the Seller, then the risk of shipment remains with the Customer, without prejudice to the Customer’s right against the carrier.
Unless otherwise agreed by the parties to the sales contract, the Seller is obliged to deliver the goods to the consumer without undue delay and at the latest within thirty days from the date of conclusion of the contract. The obligation to consign is fulfilled through transfer of material possession or control of the goods to the Customer. If the Vendor fails to fulfil its obligations within the time limit, the Customer shall request delivery within an additional time limit appropriate to the circumstances. If the additional period thus granted expires without the goods having been delivered, the Customer shall be entitled to terminate the contract.
17. ACCOUNT REGISTRATION/DELETION
The registration and access credentials are personal and cannot be transferred by the Customer to third parties.
The latter declares that the information provided during the registration process is truthful and correct. Ebikeforlife cannot be held liable in the event that the Customer provides incorrect and/or untrue information. The Customer may request cancellation of the user profile via request sent to the email address email@example.com
18. NEWSLETTER SUBSCRIPTION/CANCELLATION
Subscription to the Ebikeforlife newsletter can take place via the newsletter subscription box at the end of the Website or at checkout during the purchase process by ticking the appropriate box. It is possible to unsubscribe from the Ebikeforlife newsletter by using the unsubscribe link at the bottom of any newsletter received.
19. CUSTOMER FEEDBACK, EMAILS, COMMENTS, REVIEWS, COMPLAINTS AND COMMUNICATIONS
All opinions and comments from Customers sent to the Seller are monitored, moderated and approved by Ebikeforlife. In the event that such opinions are contrary to law or morality (abusive advertising, defamatory intentions, insults, improper comments) the reviewing body reserves the right to refuse or cancel the opinion in question.
20. APPLICABLE LAW, JURISDICTION
The contracts concluded between the Customers and Ebikeforlife are to be considered as concluded in Italy and are governed by Italian Law. For the resolution of disputes deriving from the remote conclusion of this sale contract and regarding the application of the Consumer Code, the territorial jurisdiction will be considered as that of the relative court in the Municipality of residence or domicile of the Customer in accordance with current regulations. In all other cases, jurisdiction will be exclusively that of the Ordinary Judiciary and, namely, that of the court of Alessandria, with the exclusion of any other concurrent court.
21. ALTERNATIVE DISPUTE RESOLUTION
Consumers residing in Europe are informed that the European Commission has set up an online platform providing an alternative dispute resolution tool. This instrument may be used by the European consumer to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services concluded on the Internet and/or arising therefrom. Consequently, if you are a consumer established in Europe, you may use this platform to resolve any disputes arising from the online contract concluded on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
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