Sales conditions

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. Shipping in Italy and EU
12. Extra EU Shipping
13. Receipt
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 to proceed with the order confirmation.
Acceptance implies confirmation of having read the sales conditions in their entirety and in all parts.

1. Pre-contractual Information (art. 49 Consumer Code)
Before concluding the purchase contract, the customer is required to read the characteristics of the goods for sale, as illustrated in the individual product sales sheets.
By confirming the order, the customer acknowledges being informed regarding:
- the main characteristics of the goods for sale;
- the total price of the goods, including the amount of taxes (if due), shipping costs, and any other cost to be charged;
- the payment methods for the purchased goods;
- the deadline within which CICLIMATTIO S.R.L. commits to deliver 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 referred to in Annex I, part B, D. Lgs. 21/2014; 
- the methods and terms for the return of goods in case of withdrawal;
- the existence of the legal warranty of conformity of the goods;
- after-sales services; 
- the obligation to undergo prior conciliation procedure in case of disputes.

The customer can at any time, by accessing the site ciclimattio.com, view the information related to CICLIMATTIO S.R.L., which are also provided 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 every broad exception of liability for any claims 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 site ciclimattio.com, for delayed and/or failed delivery of the product, for any failure of the goods to correspond to the specifications published on the site, or for any other fact not directly attributable to CICLIMATTIO S.R.L.

3. Technical Information
The technical information provided on the ciclimattio.com website is derived from the information published by the manufacturers of the goods included in the catalog. 
Therefore, CICLIMATTIO S.R.L. reserves the right to modify/adjust the technical and dimensional information of the catalog products based on what will be communicated by the manufacturers, even without any prior notice. 
CICLIMATTIO S.R.L. commits to describe in detail in the product sheet the safety conditions, composition, and quality of the product itself: it remains in any case the customer's burden to make complementary reference to the information on products published by each manufacturer. 
The bicycles are completely checked and pre-assembled by our mechanics, however, the dimensions of the packaging may require the customer to make some adjustments on the bicycle. 
CICLIMATTIO S.R.L. is committed to describing and representing the articles 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 ones. 

4. Product Availability
Since access and the ability to submit orders online change in real-time the availability of products contained in the catalog published on the ciclimattio.com website, CICLIMATTIO S.R.L. does not guarantee the certainty of assignment 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 informing them of the unavailability of the product.
In this case, the customer will be promptly informed via email, which will contain information on the methods and timing for refunding any payments made.
The conditions outlined 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 quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies, it must be reported and confirmed, within seven days, via email to info@ciclimattio.com or by registered mail to CICLIMATTIO S.R.L. at the relevant commercial address. 
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 letter sent to CICLIMATTIO S.R.L.
The customer assumes full responsibility for anything declared for all legal purposes. 

6. Orders
An order placed by the customer online is considered as a mere purchase proposal.
The customer placing an order via the Internet will receive, at the end of the purchase procedure, a first email confirmation of the 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 at the moment of receiving via email, by the customer, the order confirmation from CICLIMATTIO S.R.L.
The order confirmation email contains the customer’s data, the order number that will be handled 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 obliged to approve, archive, and keep.
The customer is obliged to verify the accuracy of what is contained in the order confirmation email and, in the case of inconsistencies, to notify it on the same day of receipt at info@ciclimattio.com

7. Custom and/or Personalized Products 
In case of purchasing a custom and/or personalized product - defined as a product, also obtained from the assembly of components, made at the specific request of the customer and conforming to the characteristics specified by them in the order form - the customer pays the price at the time of submitting the order. 
It is not possible to modify or cancel the order once submitted. 
Within 24 working hours from the order submission, the customer will receive an email at the indicated address with the expected delivery times.   
Since it is a product specifically created to measure and according to the customer's instructions, it will not be possible to revoke the order, request refunds, or issue vouchers for the value of the ordered goods, nor replace the ordered goods with any other product. 
The deadline indicated for the delivery of goods communicated in the order confirmation email is not to be considered peremptory and is indicated in working days. 
In case of significant delay – defined as one that is not less than 30 days after the estimated delivery date – the customer will be promptly informed by email to the address provided at the time of sending the order. 
If the delivery of goods is delayed for more than 60 days from the expected delivery date, CICLIMATTIO S.R.L. reserves the right to offer to cancel the order and refund the amount paid by the customer.
The right of withdrawal of the consumer as regulated by the Consumer Code and particularly by art. 59 of Legislative Decree 06.09.2005 n. 206 remains unchanged. 

8. Prices
Prices are understood to include VAT for shipments within Italy and EU countries. 
Prices for shipments directed to customers residing outside the European Community (extra EU) are understood as excluding VAT and customs duties. Local VAT and any customs duties will be borne by the recipient and will be requested by the carrier 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 concluding the contract and stated in the order confirmation email sent by CICLIMATTIO S.R.L. 
The price for the sale of products via the Ciclimattio.com site is always expressed in euros, even for purchases from foreign countries. 
Online prices indicated by CICLIMATTIO S.R.L. DIFFER from those applied at its physical stores. 
The sales services are different: those who purchase in-store receive a different type of service. In the store, the sales staff is not authorized to apply the prices published online. 
In case of an erroneous price indication, making it disproportionate, by excess or defect, from common standards, CICLIMATTIO S.R.L. reserves the right to cancel the customer's order, which should therefore be considered as a mere purchase proposal not accepted pursuant to point 6 of these conditions.

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

Payment with Floa Bank (FLOA Pay)

10. Bank Details
In case of choosing 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

N.B.
Exact wording of the company name must be copied.

In any case, CICLIMATTIO S.R.L. reserves the right to verify the actual crediting of the amount to the above-mentioned bank account. 

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

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

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

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

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

Where provided, the customer is offered the option to choose between STANDARD or PREMIUM shipping. The latter option offers faster delivery times, more information about the shipping status, and the ability to make changes to the delivery address and generally communicate with the carrier up to a few minutes before delivery (independently when provided or through the ticketing service of Cicli Mattio).

Additionally, 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 the work included in each service are available on the product sheet of the bicycle and on the page "Mounting Instructions". The choice must be made at the checkout stage.

12. Extra EU Shipping
The system automatically calculates shipping costs for extra European Union countries; to know these, it will be sufficient to add the products you wish to purchase to the cart. 

In Switzerland, for purchases up to €299.99, the shipping costs are €20.
For purchases over €299.99, the shipping costs are €15.
Except for some products for which the weight/volume/type affects shipping.

Adding some products may require the payment of an additional charge, as this is due to a change in weight/volume that affects shipping.
Shipments of goods directed to customers residing outside the European Community (extra EU) are understood as excluding VAT and customs duties. Local VAT and any customs duties will be borne by the recipient and will be requested by the carrier at the time of delivery of the goods. 
In case of non-delivery due to refusal to pay customs duties (local VAT and any duties) required by the importing country, only the value of the goods will be refunded, net of shipping costs and customs duties requested by Cicli Mattio for the return of the package.

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

Additionally, in the case of purchasing a bicycle, the option to choose the type of assembly between ENTRY LEVEL, SMART and DELUXE is offered. The details of the costs and the work included in each service are available on the product sheet of the bicycle and on the page "Mounting Instructions". The choice must be made at the checkout stage.

Detail on customs duties
For extra EU countries, goods are sent exempt from VAT and may be subject to customs duties/import duties/VAT of the destination country (pay attention to select it correctly 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 inquire about the import conditions in their country by contacting the customs agency and the local branch of the chosen courier to know the exact procedures. Customs may hold the shipment for an inspection (for example, due to lack of requirements for the recipient). Cicli Mattio provides all the necessary documentation for customs clearance, and should any additional documents be required, they will be sent by our customer service.
Cicli Mattio has no control over these procedures and cannot estimate the customs duties/import taxes. For any reason, CICLIMATTIO S.R.L. will not refund these expenses. 

13. Receipt
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 is damaged or with adhesive tapes different from the CICLI MATTIO one, the customer is required to accept the package 'WITH RESERVE', making it known to the courier and to the customer service of CICLIMATTIO S.R.L.
In case of acceptance without reserves, it will not be possible to submit a claim to the shipping service for a verification and possible refund/replacement of the damaged or missing product due to theft. 
No liability can be attributed to the Seller for delayed or failed delivery attributable to force majeure or fortuitous events.

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

15. Right of Withdrawal
Purchases made on the site ciclimattio.com are governed by Italian law (D.Lgs. n. 206/2005) on mail order and distance sales. 
In case of error in the order placed online by the customer and subsequent receipt of an undesired item, or in the event that the customer is not satisfied with the purchase made, they have 14 working days from the delivery date 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, within 14 days of receiving the goods, a communication in which the intention to withdraw from the contract is explicitly expressed. 
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 journeys will not be refunded, and these costs will remain fully the responsibility of the customer.
The right of withdrawal is totally forfeited if the returned product is not intact, meaning: lack of original packaging, absence of integral parts of the product (accessories, screws, instruction manuals, etc.), damage to the product for reasons other than transport (including due to its use). 
The right of withdrawal is also forfeited if the product has been used (meaning the manipulation that is not strictly necessary to establish the nature, characteristics, and functioning of the product) by the consumer before its return. 

15.1  Procedure for Exercising the Right of Withdrawal
In the case of exercising the right of withdrawal (as highlighted in point 14), the customer must follow the following procedure: 
• send to CICLIMATTIO S.R.L., within 14 days of receiving 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 working day following the above communication, a document will be sent to the email address indicated at the time of purchase, to be filled out and included in the package, where the customer can express their wish (exchange of the product or refund). 
• ensure to send the product, carefully packed in the original packaging and complete with all accessories, instruction manuals, and everything originally included, including the relevant tax documentation. The product must be intact and MUST NOT have been used. 
• insure the shipment against theft and transport damage and bear the costs related to shipping, theft, and transport damages. If the returned product has not been insured for the value indicated on the invoice, in the event 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 by registered mail or to the address info@ciclimattio.com the withdrawal form attached to these general sales conditions (sub A).
CICLIMATTIO S.R.L., without prejudice to the right to verify compliance with the procedure set out above, will proceed to refund the cost of the goods (excluding shipping costs and customs duties/import taxes) shipped within 14 working 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 info@ciclimattio.com your IBAN, the name of the account holder, and the name of the bank. 

16. Warranties
16.1 Applicable Law
In general, depending on whether the customer qualifies as a consumer or as a professional, with reference to the categories identified by art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the following legislative disciplines apply:
- Sales concluded with consumer parties.
For purchases made by a subject that can be defined as a Consumer as per the provisions of art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the regulation of the Consumer Code itself applies, to which reference is made in its entirety.
- Sales concluded with non-consumer parties
For purchases made by a subject who cannot define themselves as a Consumer per the provisions of art. 3 D. Lgs. 06.09.2005 n. 206 (Consumer Code), the regulation of the Civil Code and any applicable special legislation applies.

16.2 Legal Warranty
In the case that the purchased goods prove defective or non-compliant, the customer has the right, without being subject to any expense payment, to restore conformity through repair or replacement of the product.
This right may be exercised if the defect appears within and not beyond a term of two years from the delivery of the good.
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, by accepting these general sales conditions, acknowledges and accepts that the legal warranty of conformity extends to a period of one year.
For the purpose of restoring conformity of the good, 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, at the unchallengeable judgement of CICLIMATTIO S.R.L., disproportionate costs, with reference to the value that the good would have without conformity defect, to the extent of the defect and to the possibility of the alternative remedy being carried out without significant inconvenience to the customer.
CICLIMATTIO S.R.L. may therefore legitimately refuse to make the goods conform if repair and replacement are impossible or if the costs that the seller would have to bear are disproportionate, taking into account all the above circumstances.
The product must be carefully packed and sent to CICLIMATTIO S.R.L., at the latter's expense. Using the original packaging and including all accessories, instruction manuals, and everything contained in the original shipment will speed up the restoration of the conformity defect. 
The customer may, alternatively to the repair/replacement of the product, request a proportional reduction of the price according to the decrease in value of the received good or the resolution of the contract, with expenses on the account of CICLIMATTIO S.R.L.
The customer who intends to take advantage of the legal warranty in any of the aforementioned ways must send an explicit communication to the address assistenza@ciclimattio.com or by phone at 0175.270058

16.3 Commercial Warranty
Some products sold on the ciclimattio.com website benefit, in addition to the legal warranty of conformity mentioned in the preceding point, of a commercial warranty, the duration of which is explained in the product sheet relating to the article 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 governed by Italian law. For anything not highlighted on the pages of the ciclimattio.com website regarding legal regulation, the prevailing laws and regulations are invoked.
In order to settle any disputes arising in the interpretation or execution of these general conditions, the parties must first attempt conciliation through the assisted negotiation procedure provided for in D.L. September 12, 2014, n. 132, converted into L. November 10, 2014 n. 162. 
Only in the event that the attempt at such a procedure proves negative, the interested parties may exercise protection of their rights before the competent judicial authority according to the general provisions of the civil procedure code.

18. Credit Management
Every user can accumulate credit on their account by subscribing to the Newsletter, at the discretion of our customer service representatives in special cases, or through promotional CASHBACK activities (the amount varies depending on the promotion). 
This credit can be deducted from the total to be paid within the order at the user's choice; to do this, it is sufficient to choose “Use your credit” in the ORDER SUMMARY before checking out (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 products net of the credit used.

19. Application of General Sales Conditions
These general sales conditions are to be considered applicable to every transaction concluded through the website of CICLIMATTIO S.R.L. 
All transactions concluded will therefore be governed by these general sales conditions, except as otherwise specified in art. 17) on regulation and jurisdiction.

Attachment A

Withdrawal form to download – pdf format
(to be filled out and sent along with the return goods)