Index
General Terms of Sale
The customer undertakes to read these General Terms of Sale, which must be accepted to proceed with order confirmation.
Acceptance entails confirmation of having read the Terms of Sale in their entirety and in every part.
1. Pre-contractual Information (Art. 49 Consumer Code)Before concluding the purchase contract, the customer must read the characteristics of the goods offered for sale, as illustrated in the individual product sales sheets, and the General Terms of Sale of the website.The contract will be executed by the customer by accepting the purchase offer by clicking on the confirmation button. The customer will be able to correct the information entered through the relevant buttons provided on the screen (Back, Cancel).During the conclusion of the sales contract, the system will allow the customer to review the data provided and modify it before the final confirmation of the order.The final confirmation of the order will automatically trigger the sending of a confirmation email containing all the data relating to the order itself, the order number and the total price.The customer undertakes to provide complete, true, accurate, updated and current data. The provision of false data could lead to the withdrawal of CICLIMATTIO S.R.L. from the sale contract or to the termination of the services.
2. LiabilityCICLIMATTIO S.R.L. reserves the right to refuse orders deemed incorrect or fraudulent based on the information provided.CICLIMATTIO S.R.L. cannot be held responsible for any damages arising from the use of the website or its contents, whether direct or indirect, and accepts no liability for damages arising from force majeure or cases fortuitous.CICLIMATTIO S.R.L. will use all appropriate and necessary means to ensure that the website is error-free; however, it is not responsible for damages of any kind, including consequential or indirect damages, arising from the inability to connect to the website or from any malfunction, failure, or delay in its operation. The information contained in the website is updated as far as possible but may be subject to changes or modifications without notice.
3. Technical InformationThe technical information (descriptions, images, prices) is provided as accurately as possible. However, it may be subject to changes or updates without prior notice.The customer acknowledges that the photos of the products are purely illustrative and may differ from the actual product due to different camera settings, colors, and lighting.The prices listed in the various sections of the website are in euros and apply to the national market in Italy unless otherwise specified. All prices include VAT, if any, which must be removed in the event of export.
4. Product AvailabilityThe availability of the products is always shown in the individual product sales sheets. However, due to the high turnover of goods, the website cannot guarantee that all products will be available at all times. In the unlikely event of a product being out of stock, CICLIMATTIO S.R.L. will notify the customer via email and propose an alternative solution, or offer a full refund of the amount paid.
5. Risk and OwnershipThe risk and ownership of the products are transferred to the customer only upon full payment of the order and receipt of the goods. Until then, the products remain the property of CICLIMATTIO S.R.L.
6. OrdersCICLIMATTIO S.R.L. has no obligation to fulfill orders if they are found to be incorrect or fraudulent. The confirmation of the order is subject to the availability of the products and the correctness of the data provided by the customer.
7. Custom and/or Personalized ProductsFor custom or personalized products, the right of withdrawal does not apply as per art. 59 of the Consumer Code. These products are made to order and cannot be returned unless there is a defect in conformity.
8. PricesThe prices shown are in Euro and include VAT. Prices are subject to change without notice. The final price will be confirmed at the time of order acceptance.
9. PaymentsPayment can be made via credit card, PayPal, bank transfer, or other methods indicated on the website. The customer must ensure that the payment method is valid and has sufficient funds.Failure to pay within the specified time limit will result in the cancellation of the order.
10. Bank DetailsFor bank transfers, the customer should use the following details:IBAN: IT00X0000000000000000000000Bank: Your Bank NameBeneficiary: CICLIMATTIO S.R.L.SWIFT/BIC: XXXXITXX(Note: These are example details. The actual details will be provided on the website at the time of purchase.)
11. Shipping in Italy and EUThe system automatically calculates shipping costs for Italy and EU countries. The customer will see the exact shipping cost when adding products to the cart and proceeding to checkout.Standard shipping times apply unless otherwise specified.
12. Shipping outside EU
The system automatically calculates shipping costs for non-EU countries. To know the costs, simply add the products you intend to purchase to the cart.
In Switzerland:
For purchases up to €299.99, shipping costs are €20.
For purchases over €299.99, shipping costs are €15.
Road bikes are shipped at a standard cost of €90, MTBs at €135, and electric bikes at €150, regardless of the order amount.
In North America and Canada:
Shipping costs are €40.
Road bikes are shipped at a standard cost of €185 and MTBs at €200, regardless of the order amount.
For Hong Kong:
Shipping costs are €50.
Road bikes are shipped at a standard cost of €195 and MTBs at €210, regardless of the order amount.
In Australia and the Rest of the World:
Shipping costs start from €50.
With the addition of certain products, it may be necessary to pay an integration, this is due to a change in weight/volume that affects shipping.
Shipments of goods to customers residing outside the European Community (extra-EU) are understood net of VAT and customs duties. Local VAT and any customs duties will be charged to the recipient and will be requested by the courier at the time of delivery.
In the event of non-delivery due to refusal to pay local duties (local VAT and any customs duties) requested by the importing country, only the value of the goods net of shipping costs and customs duties charged to Cicli Mattio for the return of the package will be refunded.
Where provided, the customer is offered the choice between STANDARD or PREMIUM shipping. The latter option offers faster delivery times, more information on the status of the shipment, and the ability to modify the destination address and generally communicate with the courier until a few minutes before delivery (autonomously when possible or via the ticket service of Cicli Mattio).
Furthermore, in the case of purchasing a bicycle, the option to choose the type of assembly between ENTRY LEVEL, SMART and DELUXE is offered. Details of the costs and work included in each service are available on the bicycle product page and on the "Assembly Instructions" page. The choice must be made at checkout.
Insights on Customs Duties
For non-EU countries, goods are shipped VAT-exempt but may be subject to customs duties/import taxes/VAT of the destination country (be careful to select the correct one before purchase) at the customer's expense. By law, it is necessary to indicate the value and nature of the goods shipped outside the EU; it is not possible to declare a lower value, declare different content, or send it as a gift.
The customer can inform themselves about import conditions in their country by contacting the customs agency and the courier branch chosen to know the exact procedures. It may happen that customs detain the shipment for a check (e.g., due to lack of recipient requirements). Cicli Mattio provides all necessary documentation for customs clearance, and if further documents are required, they will be sent by our customer service.
Cicli Mattio has no control over these procedures and cannot estimate customs duties/import taxes. Under no circumstances will CICLIMATTIO S.R.L. reimburse such expenses.
13. ReceiptUpon receipt of the package, the customer is required to verify that the number of packages delivered by the courier corresponds to that indicated by the courier and that the packaging is intact with the CICLI MATTIO tape.If the packaging appears damaged or with tape other than CICLI MATTIO, the customer must accept the package 'WITH RESERVATION', making this known to the courier and to the customer service of CICLIMATTIO S.R.L.In case of acceptance without reservation, it will not be possible to submit a complaint to the shipping service for verification and possible refund/replacement of damaged or missing products due to theft.No responsibility can be attributed to the Seller for delayed or failed delivery attributable to force majeure or unforeseeable events.
14. Customer LiabilityIt is forbidden to insert false, altered, and/or fabricated data in any registration form (personal data, addresses, phone numbers, email boxes, etc.).CICLIMATTIO S.R.L. reserves the right to take legal action against any type of violation or abuse in its own interest.CICLIMATTIO S.R.L. is not, however, responsible in any way for fraudulent and illegal use of its website and services, and for any type of payment by third parties.Acceptance of the delivered goods without reservation will result in the total release of CICLIMATTIO S.R.L. from any liability for the loss, destruction, or damage to the goods.
15. Right of WithdrawalPurchases made on the ciclimattio.com website are governed by Italian law (D.Lgs. n. 206/2005) on distance and correspondence sales.In case of an error in the online order made by the customer and consequent receipt of an unwanted item, or in the event that the customer is not satisfied with the purchase, they have 14 days from the date of delivery to exercise the right of withdrawal, i.e., the possibility to return the product and be reimbursed for the cost.To exercise the right of withdrawal, it is necessary to send, within 14 days from receipt of the goods, a communication in which the intention to withdraw from the contract is explicitly expressed.CICLIMATTIO S.R.L. will refund, solely the value of the purchased goods.Shipping costs, customs duties, and import taxes, both outgoing and return, will not be refunded and will remain entirely at the customer's expense.The right of withdrawal is entirely lost if the returned product is not intact, i.e.: missing original packaging, absence of integral elements of the product (accessories, screws, instruction manuals, etc.), damage to the product due to causes other than transport (even due to use of the same).The right of withdrawal is also lost in the event that the product has been used (by which is meant manipulation other than that strictly necessary to establish the nature, characteristics, and functioning of the product) by the consumer before return.
15.1 Procedure for the exercise of the right of withdrawal
In the event of the exercise of the right of withdrawal (as better highlighted in point 14), the customer must follow the following procedure:
- send to CICLIMATTIO S.R.L., within 14 days from receipt of the goods, a communication in which the customer expresses the intention to withdraw from their purchase (via email at info@ciclimattio.com or via ticket).
- by the next working day following the above communication, at the email address indicated at the time of purchase, a document will be sent to be filled out and included in the package, in which the customer can express their will (change of product or refund).
- proceed, using a carrier of your choice, to the shipment of the product carefully packaged in the original packaging and complete with every accessory, instruction manuals, and everything originally contained, including the relevant fiscal documentation. The product must be intact and NOT used.
- insure against theft and damage during transport the shipment and be responsible for the costs related to transport, theft, and damage during transport. Should the returned product not be insured for the value indicated in the invoice, in case of damage or loss during transport, CICLIMATTIO S.R.L. reserves the right to debit any damages suffered by withholding them from the amounts to be refunded.
- ship the product to the address indicated below within the second working day following the first communication.
CICLIMATTIO S.R.L. - ciclimattio.com
Via Donatori di Sangue 1
12026 Piasco (Cn)
Alternatively, the customer can also fill out and send, via registered receipt or to the address info@ciclimattio.com, the withdrawal form attached to these General Terms of Sale (Appendix A).CICLIMATTIO S.R.L., subject to the right to verify compliance with the above procedure, will proceed with the refund of the cost of the goods (excluding shipping costs and customs duties/import taxes) shipped within 14 days following the receipt of the goods shipped by the customer and in any case not before the receipt of the goods.The refund will be made through the same channel used for payment. If the original payment was made by bank transfer, please communicate via email to the address info@ciclimattio.com your IBAN, the name of the account holder and the name of the bank.
16. Warranties (Compliance Defect)16.1 Applicable RegulationsIn general, depending on whether the customer can be qualified as a consumer or a professional, with reference to the categories as identified by art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the following legislative disciplines apply:- Sales concluded with a consumer subject.For purchases made by a subject who can be defined as a Consumer within the meaning and for the effects of art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the regulations of the Consumer Code itself apply, to which reference is made in its entirety.- Sales concluded with a non-consumer subjectFor purchases made by a subject who cannot be defined as a Consumer within the meaning and for the effects of art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the regulations of the Civil Code and any relevant special legislation apply.
16.2 Legal Warranty
In the event that the purchased goods are defective or non-compliant, the customer has the right, without being subject to any payment, to the restoration of compliance through repair or replacement of the product.
This right can be exercised if the defect appears within and not exceeding the term of two years from the delivery of the goods.
No legal warranty will be offered in any case for defects reported beyond the peremptory term of twenty-six months from the delivery of the product.
In the case of purchase of used products, the customer, with the acceptance of these terms of sale, acknowledges and accepts that the legal warranty of compliance extends to the period of one year.
For the restoration of the compliance of the goods, the consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose, in the unsittable judgment of CICLIMATTIO S.R.L., disproportionate costs, with reference to the value that the good would have without defect of compliance, the magnitude of the defect and the possibility to use the alternative remedy without significant inconvenience for the customer.
CICLIMATTIO S.R.L. may therefore legitimately refuse to make the goods compliant if repair and replacement are impossible or if the costs the seller should bear are disproportionate, taking into account all the circumstances mentioned above.
The product must be carefully packaged and sent to CICLIMATTIO S.R.L. at the latter's expense. The use of the original packaging and the inclusion of every accessory, instruction manuals, and everything contained in the original shipment will speed up the restoration of the defect of compliance.
The customer may, alternatively to the repair/replacement of the product, request a reduction of the price proportional to the decrease in value of the goods received or the resolution of the contract, with costs at the expense of CICLIMATTIO S.R.L.
The customer intending to avail themselves of the legal warranty in any of the above ways is required to send explicit communication to the address assistenza@ciclimattio.com or by phone at n. 0175.270058
16.3 Commercial Warranty
Some products sold on the ciclimattio.com website benefit, in addition to the legal warranty of compliance as described above, of a commercial warranty, whose duration is specified in the product sheet relating to the item itself.
To use the warranty assistance, the customer must keep the invoice attached to the shipment of the product.
17. Regulation and JurisdictionThese General Terms of Sale are subject to Italian law. For what is not highlighted on the pages of the ciclimattio.com website regarding legal regulation, the laws and norms currently in force are recalled.In order to settle any disputes arising from the interpretation or execution of these General Terms of Sale, the parties must first attempt conciliation through assisted negotiation procedure of which D.L. 12 settembre 2014, n. 132, converted in L. 10 novembre 2014 n. 162.Only in the event that the experiment of this procedure has a negative result, the interested party may exercise protection of their rights before the competent judicial authority according to the general provisions of the Code of Civil Procedure.
18. Credit ManagementEvery user can accumulate credit on their account through registration for the Newsletter, at the discretion of our customer service staff in special cases, or through promotional activities of CASHBACK (whose amount varies according to the promotion).This credit can be deducted from the total to be paid within the order at the choice of the user, to do so it is sufficient to choose "Use your credit" in the ORDER SUMMARY before checkout (before proceeding to the choice of payment method).ATTENTION! The amount is deducted in full from the total of products added to the cart, but shipping costs are excluded, which will be recalculated based on the total of products net of the credit used.
19. Application of General Terms of SaleThese General Terms of Sale are to be considered applicable to every sale concluded through the CICLIMATTIO S.R.L. website.All sales concluded will therefore be regulated by these General Terms of Sale except as better specified in art. 17 on regulation and jurisdiction.
Appendix A
