Terms of Sale

Index

1. Pre-contractual information
2. Liability
3. Technical information
4. Product availability
5. Risk and Ownership
6. Orders
7. Custom and/or personalized products
8. Prices
9. Payments
10. Bank details
11. Shipments to Italy and EU
12. Extra EU shipments
13. Receiving
14. Customer liability
15. Right of withdrawal
16. Warranties (conformity defect)
17. Regulation and jurisdiction
18. Credit management
19. Application of general sales conditions

 
General sales conditions
The customer agrees to read these general sales conditions, which must be accepted in order to proceed with the order confirmation.
Acceptance entails confirmation of having read the sales conditions in full and in every part.

1. Pre-contractual information (art. 49 Consumer Code)
Before concluding the purchase contract, the customer is required to review the characteristics of the goods being sold, as illustrated in the individual product sales sheets.
By validating the order, the customer acknowledges having been informed regarding:
- main characteristics of the goods for sale;
- total price of the goods, including the amount of taxes (if and as due), shipping costs, and any other costs that will be charged;
- payment methods for the purchased goods;
- the deadline by which CICLIMATTIO S.R.L. commits to delivering the goods; 
- treatment of complaints by CICLIMATTIO S.R.L.;
- conditions, methods, and terms for exercising the right of withdrawal, including the loss of the right and the obligations of the consumer exercising it, as well as the standard withdrawal form as per Annex I, part B, Legislative Decree 21/2014; 
- methods and terms of returning the goods in case of withdrawal;
- existence of the legal warranty of conformity of the goods;
- after-sales services; 
- obligation to undergo prior conciliation procedure in case of disputes.

The customer can at any time, by accessing the site ciclimattio.com, review the information relating to CICLIMATTIO S.R.L., which are reiterated below:

CICLIMATTIO S.R.L.
Via Donatori di Sangue 1
12026 Piasco (Cn)
VAT Number 04048830048
Tel. 0175270058
ciclimattio.com

2. Liability
CICLIMATTIO S.R.L. reserves the widest exception of liability for any dispute that may arise from the customer for any damage or loss, direct and/or indirect, arising from the sale of goods and services proposed in the catalog published on the ciclimattio.com website, for delayed and/or non-delivery of the product, for any possible non-conformity of the goods to the specifications published on the site or for any other fact not directly attributed to CICLIMATTIO S.R.L.

3. Technical Information
The technical information included on the ciclimattio.com website is derived from the information published by the manufacturing companies of the goods included in the catalog. 
CICLIMATTIO S.R.L., therefore, reserves the right to modify/adjust the technical and dimensional information of the products in the catalog based on what will be communicated by the manufacturing companies, even without any prior notice. 
CICLIMATTIO S.R.L. is committed to describing in detail in the product sheet the safety conditions, composition and quality of the product itself: it remains the responsibility of the customer to make additional reference to the information about the products published by each manufacturing company. 
Bicycles are fully checked and pre-assembled by our mechanics; however, packaging dimensions may necessitate the customer to perform some adjustments on the bicycle. 
CICLIMATTIO S.R.L. undertakes to describe and represent the items sold online in the most realistic way possible. Nevertheless, the images on the site are mere representations, and there may be small differences between the represented goods and the actual goods. 

4. Product Availability
Since access to and the ability to submit online orders modify in real time the availability of the products contained in the catalog published on ciclimattio.com, CICLIMATTIO S.R.L. does not guarantee the certainty of allocation of the ordered goods. 
If for any reason the goods are no longer available at the time of purchase, the customer will receive an email notifying them of the lack of availability of the product.
In this case, the customer will be promptly informed via email, which will contain information about the methods and timelines for refunding any sums paid.
The conditions set out in point 5 of these sales conditions apply.

5. Risk and Ownership
At the time of delivery of the goods, the customer must verify the integrity of the packages and the correspondence of quantity and quality with what is indicated in the accompanying document. In the case of discrepancies, this must be reported and confirmed within seven days via email to info@ciclimattio.com or by registered mail sent to CICLIMATTIO S.R.L. at the relevant department. 
Even with intact packaging, the goods must be checked within seven days of receipt. Any hidden anomalies must be reported in writing via email to info@ciclimattio.com or by registered mail sent to CICLIMATTIO S.R.L.
The customer assumes full responsibility for what is declared for all legal purposes. 

6. Orders
The order placed by the customer via the internet is considered a mere purchase proposal.
The customer who places an order online will, at the end of the purchase process, receive an initial email confirming receipt of the order.
Subsequently, they will receive, also via email, the order confirmation with the characteristics indicated below. 
The contract is considered concluded only upon receipt via email by the customer of the order confirmation from CICLIMATTIO S.R.L.
The order confirmation email contains the customer’s details, the order number which will be managed in a single shipment, the price of the goods, the amount of shipping costs, the address to which the goods will be sent, and the link to download a copy of these general sales conditions, which the customer is required to approve, archive, and preserve.
The customer is obliged to check the accuracy of what is contained in the order confirmation email and, in case of discrepancies, to notify within the same day of receipt to info@ciclimattio.com

7. Custom and/or Personalized Products 
In the case of purchasing a custom and/or personalized product - meaning a product, also created from the assembly of components, executed at the specific request of the customer and responsive to the characteristics specified by them on the order form - the customer makes the payment at the time of placing the order. 
It is not possible to modify or cancel the order once placed. 
Within 24 working hours from placing the order, the customer will receive an email at the specified address with the expected delivery times.  
Since it is a product specially created according to customer specifications, it will not be possible to proceed with withdrawal of the order, request refunds or issue vouchers for the value of the ordered goods, nor replace the ordered goods with any other product. 
The timeframe indicated for the delivery of the goods communicated in the order confirmation email should not be considered peremptory and is listed in working days. 
In the case of significant delay – defined as one not less than 30 days after the estimated delivery date – the customer will be promptly informed via email to the address provided when placing the order. 
If the delivery of the goods is delayed for over 60 days from the scheduled delivery date, CICLIMATTIO S.R.L. reserves the right to propose cancellation of the order and refund of what the customer has paid.
The consumer's right of withdrawal is reserved as regulated by the Consumer Code and specifically art. 59 of Legislative Decree 06.09.2005 n. 206.  

8. Prices
Prices are inclusive of VAT for shipments within Italy and EU countries. 
Prices for shipments directed to customers residing outside the European Community (extra EU) are net of VAT and customs duties. Local VAT and any customs duties will be charged to the recipient and will be requested by the shipping company at the time of delivery of the goods. 

CICLIMATTIO S.R.L. reserves the right to change prices of the goods for sale at any time, without prior notice. 
The price at which the product is sold remains the same as that indicated on the site at the time of conclusion of the contract and indicated in the order confirmation email sent by CICLIMATTIO S.R.L. 
The prices of the products purchased via the Ciclimattio.com site are always expressed in euros, even for purchases from foreign countries. 
Online prices indicated by CICLIMATTIO S.R.L. differ from those applied at their sales points. 
Sales services are different: those who purchase in-store receive a different type of service. In-store, sales staff are not authorized to apply the prices published online. 
In the case of incorrect pricing that renders it disproportionate, whether by excess or defect, from common standards, CICLIMATTIO S.R.L. reserves the right to cancel the customer's order, which shall therefore be considered as a mere purchase proposal not accepted under point 6 of these conditions.

9. Payments
The supplied goods must be paid exclusively through one of the following payment methods: Bank Transfer in Advance, Credit Card, PayPal, AmazonPay, Satispay, Scalapay, FloaBank (valid option only for Italy) and Findomestic (valid option only for Italy).
Using Scalapay, it is possible to split the payment amount into three installments, receiving the goods immediately. The customer acknowledges that in this case the credit for the installments will be transferred to the company Incremento SPV S.r.l., to related parties and their assignees, and authorizes such assignment. For the Scalapay payment method, the first installment will be charged at the moment the customer receives the order confirmation email.
Scalapay is available for orders of a maximum value of €1,500 and the service is active in the following countries: Italy, France, Germany, Spain, Portugal, Austria, Belgium, Netherlands, and Finland. 

Payment with Floa Bank (FLOA Pay)

Floa Bank offers simple and secure installment payment solutions available in Italy through the FLOA Pay service. It is possible to choose between:

• FLOA in 3X: payment in three monthly installments (30, 60, and 90 days).

• FLOA in 4X: payment in four monthly installments (30, 60, 90, and 120 days).

The minimum financeable amount is €75 for the offer with costs or €50 for the offer without costs, while the maximum amount is €6,000.

10. Bank details
If you choose to pay by bank transfer, the details are as follows: 

CICLIMATTIO S.R.L., Via Donatori di Sangue 1 - 12026 - Piasco (CN) 
BENE BANCA CREDITO COOPERATIVO DI BENE VAGIENNA (CUNEO) S.C.
IBAN: IT21J0838246630000140000142
BIC - SWIFT: CCRTIT2TBEN

In any case, CICLIMATTIO S.R.L. reserves the right to verify the actual crediting of the sum to the aforementioned current account. 

11. Shipments to Italy and EU
The system automatically calculates shipping costs in the cart.
Adding more products may require an additional payment, as this is due to a weight/volume change that affects shipping. 

ITALY
For purchases up to €99.99, shipping costs are €6.99.
For purchases over €99.99, shipping costs are free. 
Except for certain products for which weight/volume/type affects shipping.

EU
For purchases of any amount, shipping costs are €15.
Except for certain products for which weight/volume/type affects shipping. 

In France, for purchases up to €149.99, shipping costs are €13.
For purchases over €149.99, shipping costs are free.
Except for certain products for which weight/volume/type affects shipping. 

In case of failure to collect, any storage fees are the responsibility of the customer.

Where provided, the customer is offered the ability to choose between STANDARD or PREMIUM shipping. The latter option offers faster delivery times, more information on the shipment status, and the ability to make changes to the destination address and generally communicate with the shipper up to a few minutes before delivery (either independently when provided or through Cicli Mattio's ticket service).

Moreover, in the case of purchasing a bicycle, the customer is offered the possibility to choose the type of assembly between ENTRY LEVEL, SMART, and DELUXE. The details of the costs and services included in each service are available on the product sheet of the bicycle and on the page "Assembly instructions". The choice must be made at the checkout stage.

12. Extra EU shipments
The system automatically calculates shipping costs for countries outside the European Union; therefore, it will be sufficient to add the products you wish 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.
Except for certain products for which weight/volume/type affects shipping.

With the addition of certain products, it may be necessary to pay an additional charge, this is due to a change in weight/volume affecting shipping.
Shipments of goods directed to customers residing outside the European Community (extra EU) are net of VAT and customs duties. Local VAT and any customs duties will be charged to the recipient and will be requested by the shipping company at the time of delivery of the goods. 
In case of non-delivery due to refusal of payment for customs charges (local VAT and any duties) requested by the importing country, only the value of the goods will be refunded, excluding shipping costs and the customs duties requested by Cicli Mattio for the return of the package.

Where provided, the customer is offered the possibility to choose between STANDARD or PREMIUM shipping. The latter option offers faster delivery times, more information on the shipment status, and the ability to make changes to the destination address and generally communicate with the shipper up to a few minutes before delivery (either independently when provided or through Cicli Mattio's ticket service).

Moreover, in the case of purchasing a bicycle, the customer is offered the possibility to choose the type of assembly between ENTRY LEVEL, SMART, and DELUXE. The details of the costs and services included in each service are available on the product sheet of the bicycle and on the page "Assembly instructions". The choice must be made at the checkout stage.

Further information on customs duties
For extra EU countries, goods are sent VAT exempt and may be subject to customs duties/import taxes/VAT of the destination country (be careful to select it correctly before purchase) charged to the customer. By law, it is necessary to indicate the value and nature of the goods shipped extra EU; it is not possible to declare a lower value, declare a different content, or send it as a gift. 
The customer may inquire about the import conditions in their country by contacting the customs agency and the branch of the chosen courier to know the exact procedures. It may happen that customs holds the shipment for inspection (for example, due to lack of recipient requirements). Cicli Mattio provides all necessary documentation for customs clearance, and if further documents are requested, they will be sent by our customer service.
Cicli Mattio does not control these procedures and cannot estimate customs duties/import taxes. For no reason will CICLIMATTIO S.R.L. reimburse such expenses. 

13. Receiving
Once the package is received, the customer is required to verify that the number of packages delivered by the courier corresponds to that indicated by the courier itself and that the packaging is intact with the CICLI MATTIO tape.
If the packaging appears damaged or with labels other than those of CICLI MATTIO, the customer must accept the package 'WITH RESERVATIONS' bringing this to the attention of the courier and the customer service of CICLIMATTIO S.R.L.
In case of acceptance without reservations, it will not be possible to forward the complaint to the shipping service for verification and possible reimbursement/replacement of the damaged or missing product due to theft. 
No liability can be attributed to the Seller for delayed or non-delivery due to force majeure or fortuitous events.

14. Customer liability
Entering false, altered, and/or invented data in any registration form (personal data, addresses, phone numbers, email boxes, etc.) is prohibited. 
CICLIMATTIO S.R.L. reserves the right to pursue legal action for any type of violation or abuse in its best interest. 
CICLIMATTIO S.R.L. is not responsible in any way for fraudulent and illegal use of its site and its services, and for any type of payment by third parties. 
Acceptance without reservations of the delivered goods will entail the complete release of CICLIMATTIO S.R.L. from any liability for loss, destruction, or damage to the goods.

15. Right of withdrawal
Purchases made on the ciclimattio.com site are governed by Italian law (Legislative Decree no. 206/2005) regarding mail-order and distance sales. 
In the event of an error in the order placed online by the customer and the consequent receipt of an unwanted item, or if the customer is not satisfied with the purchase made, they have 14 working days from the date of delivery to exercise the right of withdrawal, which is the possibility to return the product and be refunded for the expense. 
To exercise the right of withdrawal, it is necessary to send a communication within 14 days from the receipt of the goods, explicitly stating the intention to withdraw from the contract. 
CICLIMATTIO S.R.L. will refund only the value of the purchased goods. 
Shipping costs, customs duties, and import taxes for both outbound and return will not be refunded, which will remain at the customer's total expense.
The right of withdrawal completely ceases if the returned product is not intact, that is: absence of the original packaging, lack of elements integral to the product (accessories, screws, instruction manuals, etc.), damage to the product for reasons other than transport (also due to use). 
The right of withdrawal also ceases if the product has been used (meaning performing manipulation other than that strictly necessary to establish the nature, characteristics, and functioning of the product) by the consumer before returning.

15.1  Procedure for exercising the right of withdrawal
In the event of exercising 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 the receipt of the goods, a communication in which the customer expresses the intention to withdraw from their purchase (via email to info@ciclimattio.com or via ticket). 
• within the next working day after the aforementioned communication, to the email address provided at the time of purchase, a document will be sent to be filled out and inserted into the package, in which the customer can express their wishes (product exchange or refund). 
• provide, using a carrier of their choice, the shipment of the product carefully packaged in the original packaging and complete with all accessories, instruction manuals, and everything originally contained, including the relative tax documentation. The product must be intact and must NOT have been used. 
• insure against theft and transport damage the shipment and bear the relative transport, theft, and damage costs. If the returned product has not been insured for the value indicated on the invoice, in case of damage or loss occurring during transport, CICLIMATTIO S.R.L. reserves the right to charge for any damages incurred by withholding them from the sums 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 mail or to info@ciclimattio.com the withdrawal form attached to these general sales conditions (sub A).
CICLIMATTIO S.R.L., while reserving the right to verify compliance with the above procedure, will proceed with the refund related to the cost of the goods (excluding shipping costs and customs duties/import taxes) shipped within 14 working days following the receipt of the returned goods by the customer and in any case not before the goods are received. 
The refund will be made through the same channel used for payment. If the original payment was made via bank transfer, please inform via email to info@ciclimattio.com your IBAN, the name of the account holder, and the name of the bank. 

16. Warranties
16.1 Applicable regulations
In general, depending on whether the customer qualifies as a consumer or as a professional, with reference to the categories as identified by art. 3 of Legislative Decree 06.09.2005 n. 206 (Consumer Code), the following legislative disciplines apply:
- Sales concluded with consumer 
For purchases made by a subject qualifying as a Consumer under art. 3 of Legislative Decree 06.09.2005 n. 206 (Consumer Code), the provisions of the Consumer Code itself apply, to which reference is made in full.
- Sales concluded with a non-consumer subject
For purchases made by a subject who cannot define themselves as a Consumer under art. 3 of Legislative Decree 06.09.2005 n. 206 (Consumer Code), the provisions of the civil code and any applicable special legislation apply.

16.2 Legal warranty
In the event that the purchased goods prove to be defective or non-compliant, the customer is entitled, without being subject to any expense, to restore conformity through repair or replacement of the product.
This right can be exercised if the defect occurs within and no later than two years from the delivery of the goods.
No legal warranty will be offered for defects reported after the peremptory deadline of twenty-six months from the delivery of the product.
In the case of purchasing used products, the customer, by accepting these sales conditions, acknowledges and accepts that the legal warranty of conformity extends to a period of one year.
For restoring the conformity of the good, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or does not impose, in the indisputable judgment of CICLIMATTIO S.R.L. disproportionate costs, with reference to the value that the good would have without conformity defects, the extent of the defect, and the possibility of pursuing the alternative remedy without significant inconvenience for the customer.
CICLIMATTIO S.R.L. may therefore legitimately refuse to render the goods compliant if repair and replacement are impossible or if the costs the seller would have to incur are disproportionate, taking into account all the above circumstances.
The product must be carefully packed and shipped to CICLIMATTIO S.R.L., at the latter's expense. The use of the original packaging and the inclusion of all accessories, instruction manuals, and everything contained in the original shipment will expedite the restoration of conformity defect. 
The customer can, alternatively to the repair/replacement of the product, request a price reduction proportional to the decrease in value of the received good or the resolution of the contract, with expenses borne by CICLIMATTIO S.R.L.
The customer who intends to avail themselves of the legal warranty in any of the above manners is required to send an explicit communication to assistenza@ciclimattio.com or call the number 0175.270058.

16.3 Commercial warranty
Some products sold on the ciclimattio.com site benefit, in addition to the legal warranty of conformity set forth in the previous point, a commercial warranty, the duration of which is stated in the product sheet regarding the item itself.
To benefit from warranty assistance, the customer must keep the invoice attached to the shipment of the product.

17. Regulation and Jurisdiction
These general sales conditions are subject to Italian law. Where not highlighted on the pages of the ciclimattio.com site regarding legal regulation, laws and regulations in force at that time are referred to.
In order to resolve any disputes arising from the interpretation or execution of these general conditions, the parties must first undergo a conciliation attempt through assisted negotiation procedures pursuant to Legislative Decree 12 September 2014, no. 132, converted into Law 10 November 2014 no. 162. 
Only if the attempt of this procedure has a negative outcome, the interested party can exercise protection of their rights in front of the competent judicial authority according to the general provisions of the civil procedure code.

18. Credit Management
Each user can accumulate credit in their account by subscribing to the Newsletter, at the discretion of our customer service representatives in special cases, or through promotional activities of CASHBACK (the amount varies depending on the promotion). 
This credit can be deducted from the total to be paid in the order at the user's choice; to do this, it is sufficient to choose “Use your credit” in the ORDER SUMMARY before checkout (before proceeding to choose the payment method). 
WARNING! The amount is fully deducted from the total of products added to the cart, but shipping costs are excluded, which will be recalculated based on the total of the products net of the credit used.

19. Application of General Sales Conditions
These general sales conditions are to be considered applicable to every sale concluded through the website of CICLIMATTIO S.R.L. 
All sales concluded will therefore be regulated by these general sales conditions, subject to what is better specified in art 17) regarding regulation and jurisdiction.

Attachment A 

Withdrawal form to download – pdf format
(to be filled out and sent back together with the returned goods)