Terms of sale

Index

1. Pre-crontractual information
2. Responsabilities
3. Technical Information
4. Product Availability
5. Risks and Property
6. Orders
7. Customized and/or personalized
8. Prices
9. Payments
10. Bank Account Details
11. Shipments in Italy and EU
12. Shipments Outside EU
13. Delivery
14. Customer Responsabilities
15. Right of Withdrawal
16. Guarantees (lack of conformity)
17. Regulation and jurisdiction
18. Credit Management
19. Application of the general conditions of sale

 

General conditions of Sale

The customer undertakes to read these general conditions of sale, which must be accepted in order to confirm the order.
Acceptance implies confirmation of the reading of the conditions of sale in full and in all its parts.

1. Pre-contractual information (Article 49 of the Consumer Code of Conduct)
Before the termination of the purchase contract, the customer is required to examine the characteristics of the goods on sale, illustrated in the individual product pages.
By validating the order, the customer acknowledges that he/she has been informed in relation to:
- the main characteristics of the goods on sale;
- the total price of the goods, including the amount of taxes (if and to the extent due), shipping costs and any other costs that will be charged;
- the payment methods offered for the purchased goods;
- the deadline within which CICLIMATTIO S.R.L. undertakes to deliver the goods;
- handling of complaints by CICLIMATTIO S.R.L.;
- the conditions, methods and terms for exercising the right of withdrawal, including the loss of the right and the obligations of the consumer who exercises it, as well as the model withdrawal form referred to in Annex I, part B, Legislative Decree 21/2014;
- the methods and terms for returning the goods in case of withdrawal;
- the existence of the legal guarantee of conformity of the goods;
- the after-sale services;
- the obligation to carry out any prior conciliation procedure in the event of a dispute.

 

The customer can at any time, by accessing the ciclimattio.com site, view the information related to CICLIMATTIO S.R.L., which in any case are shown below: 

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



2. Responsibilities

CICLIMATTIO S.R.L. reserves the fullest exception of responsibility for any dispute that may come from customers for any damage or loss, direct and / or indirect, deriving from the sale of goods and services offered in the catalog published on ciclimattio.com; for delayed and / or non-delivery of the product; for any mismatch of the goods with 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 included on the ciclimattio.com website is obtained from the information published by the manufacturers of the goods included in the catalog.
CICLIMATTIO S.R.L., therefore, reserves the right to modify/adapt the technical and dimensional information of the products in the catalog based on what will be communicated by the manufacturers, even without any prior notice.
CICLIMATTIO S.R.L. undertakes to describe in detail on the product page the safety conditions, composition and quality of the product itself: it remains in any case the customer's responsibility to make supplementary reference to the information on the products published by each producer.
The bicycles are fully checked and pre-assembled by our mechanics, however, the size of the packaging may require the customer to carry out some interventions on the bicycle.
CICLIMATTIO S.R.L. undertakes to describe and represent the items for sale online in the most realistic way possible. Nevertheless, the images on the site are mere representations and there may be small differences between the goods represented and the real ones.

4. Product availability

Since the access and the possibility of placing orders online modify in real time the availability of the products contained in the catalog published on the website ciclimattio.com, 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 notifying the unavailability of the product.
In this case, the customer will be promptly informed via e-mail, which will contain information on the methods and timing of reimbursement of any sums paid.
The conditions referred to in point 5 of these conditions of sale apply.

5. Risks and Property

Upon 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 discrepancy, the same must be reported and confirmed within seven days, by email to info@ciclimattio.com or through a registered letter with the return receipt sent to CICLIMATTIO S.R.L. or to the sales representative.
Even if the packaging is intact, the goods must be checked within seven days after the delivery. Any hidden anomalies must be reported in writing by email to info@ciclimattio.com or registered letter with return receipt 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 via the Internet will receive, at the end of the purchase procedure, a first communication of receipt of the order via e-mail.
You will then receive, again by e-mail, the order confirmation with the characteristics indicated below.
The contract is considered concluded only upon receipt by the customer of the order confirmation from CICLIMATTIO S.R.L.
The order confirmation email contains the customer data, the order number, which will be handled in 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 conditions general sales, which the customer is required to approve, archive and keep.
The customer is required to verify the correctness of the content of the order confirmation email and, in the event of inconsistencies, notify us within the same day of receipt at info@ciclimattio.com

 

7. Customized and/or personalized products
In case of purchase of a tailor-made and/or personalized product - meaning a product, also obtained from the assembly of components, carried out upon specific request of the customer and responding to the characteristics specified by the latter in the order form - the customer pays the price when placing the order.
It is not possible to modify or cancel the order once it has been placed.
Within 24 working hours of placing the order, the customer will receive an email to the address indicated with the estimated delivery time.
Since the item specifically created according to the customer's instructions, it will not be possible to cancel the order, request refunds or issue vouchers for the value of the goods ordered, nor replace the goods ordered with any other product.
The deadline indicated for delivery of the goods communicated in the order confirmation email is not to be considered peremptory and is indicated in working days.
In the event of a significant delay - meaning no less than 30 days following the estimated delivery date - the customer will be promptly informed by email to the address provided when sending the order.
If the delivery of the goods is delayed by more than 60 days from the expected delivery date, CICLIMATTIO S.R.L. reserves the right to propose cancellation of the order and refund of the amount paid by the customer.
This remains without prejudice to the consumer's right of withdrawal as regulated by the Consumer Code and in particular by art. 59 of Legislative Decree 06.09.2005 n. 206.

8. Prices

Prices are inclusive of VAT for shipments to Italy and EU countries.
The prices for direct shipments to customers residing outside of the European Community (non-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 shipper during the delivery of the goods. CICLIMATTIO S.R.L. reserves the right to change the prices of the goods offered for sale at any time, without prior notice.
The price at which the product is sold, however, remains the same as that indicated on the site at the time of the conclusion of the contract and indicated in the order confirmation email sent by CICLIMATTIO S.R.L.
The purchase and sale price of products through Ciclimattio.com is always expressed in euros, even for purchases from foreign countries.
The on-line prices, indicated by CICLIMATTIO S.R.L., DIFFER from those applied at its points of sale.
The sales services are different: those who buy in the store receive a different type of service. In-store, the sales staff are not authorized to apply the prices published online.
In the event of an erroneous indication of a price, which makes the latter disproportionate, due to excess or defect, from the common standards, CICLIMATTIO S.R.L. reserves the right to cancel the customer's order from now on, to be considered therefore as a mere purchase proposal not accepted pursuant to point 6 of these conditions.

9. Payments

The goods supplied must be paid exclusively through one of the following payment methods: Advance Bank Transfer, Credit Card, PayPal, AmazonPay, Satispay, Scalapay, Findomestic (option valid for Italy only).
By using Scalapay it is possible to divide the payment amount into three installments, with immediate receipt of the goods. The customer acknowledges that in this case the credit referred to in the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and authorizes this transfer. For the Scalapay payment method, the first installment will be debited upon receipt by the customer of the order confirmation email.
Scalapay is available for orders with a maximum value of €1,500 and the service is active in the following countries: Italy, France, Germany, Spain, Portugal, Austria, Belgium, the Netherlands and Finland.
For the credit card payment method, the charge will be made according to the timing of the card type and the customer's bank agreement.

10. Bank details

If you choose to pay by bank transfer, the coordinates are as follows:

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

In any case, Cicli Mattio reserves the right to verify the actual crediting of the sum.

11. Shipping to Italy and the EU

The system provided on Ciclimattio.com automatically calculates the expenses in the shopping cart.
With the addition of other products it may be necessary to pay an integration, this is due to a change in weight / volume that affects the shipment. 

ITALY
For purchases up to € 99, the shipping costs are € 8. 
For purchases between € 99 and € 199, the shipping costs are € 4. 
For purchases over € 199, the shipping costs are € 2. 
Except for some products for which the weight/volume/type affects the shipment

EU
For purchases up to € 999 the shipping costs are € 14. 
For purchases over € 999, the shipping costs are € 10. 
Except for some products for which the weight/volume/type affects the shipment

In France, for purchases up to € 999, the shipping costs are € 13. 
For purchases between € 999 and € 4999 the shipping costs are € 10. 
For purchases over € 4999, the shipping costs are € 5. 
Except for some products for which the weight/volume/type affects the shipment.

In Germany, for purchases up to € 1999 the shipping costs are € 10. 
For purchases over € 1999, the shipping costs are € 5. 
Except for some products for which the weight/volume/type affects the shipment

In case of non-collection of the package, any storage costs are charged to the customer. 

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

12. Shipments outside the EU

The system automatically calculates the shipping costs for countries outside of the European Union, so to know them it will be sufficient to add the products you intend to purchase to the cart. With the addition of some products it may be necessary to pay an integration, this is due to a change in weight / volume that affects the shipment. Shipments of goods to customers residing outside of the European Community (non-EU) are to be 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 service during the delivery of the goods.
In case of non-delivery due to refusal to pay customs charges (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 from Cicli Mattio for the return to the package.
Where foreseen, the customer is offered the possibility to choose between STANDARD or PREMIUM shipping. The latter option offers faster delivery times, more information on the status of the shipment and the ability to make changes to the destination address and in general communicate with the shipper up to a few minutes before delivery (independently when expected or through the ticket service of Cicli Mattio).

In-depth study on customs duties
For non-EU countries, the goods are sent free of VAT and may be subject to customs duties / taxes / import taxes / VAT of the country of destination (make sure to select it correctly before purchasing) to be paid by the customer. 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 a 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 courier service chosen to know the exact procedures. It may happen that the customs stop the shipment for a check (for example due to lack of requirements of the recipient). Cicli Mattio provides all the 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 make an estimate of customs duties / import taxes. For no reason will CICLIMATTIO S.R.L. reimburse these expenses.

13. Delivery

Once the package has been received, 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 package is intact with the CICLI MATTIO tape. 
If the packaging is damaged or with adhesive tapes other than the CICLI MATTIO one, the customer will be required to accept the package 'WITH RESERVE' by reporting it to the courier and to the customer service of CICLIMATTIO S.R.L.
In the event of unreserved acceptance, it will not be possible to submit the complaint to the shipping service for verification and possible refund/replacement of the damaged or missing product due to theft.

No responsibility can be attributed to the Seller for delayed or non-delivery due to force majeure or unforeseeable circumstances.

14. Customer Responsibilities

It is forbidden to enter false, altered and / or invented data in any registration form (personal data, addresses, telephone numbers, e-mail boxes, etc.).
CICLIMATTIO S.R.L. reserves the right to legally pursue any type of violation or abuse in its own 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 by third parties.
The unreserved acceptance of the delivered goods will result in the total release of CICLIMATTIO S.R.L. from any liability for the loss, perishing or damage of the goods.

15. Right of withdrawal

Purchases made on Ciclimattio.com are governed by the Italian law (Legislative Decree no. 206/2005) on mail order and distance sales.
In the event of an error on the order placed online by the customer and consequent receipt of an unwanted item, or in the event that the customer is not satisfied with the purchase made, he has 14 working days from the date of delivery to exercise the right of withdrawal, or the possibility to return the product and be reimbursed for the expense. 
To exercise the right of withdrawal it is necessary to send, within 14 days of receipt of the goods, a communication in which the desire to withdraw from the contract is explicitly expressed. 
CICLIMATTIO S.R.L. will reimburse only the value of the goods purchased.
On the other hand, shipping costs, customs duties and import taxes, both outward and return, will not be reimbursed, which will remain the sole responsibility of the customer.
The right of withdrawal is totally lost if the returned product is not intact, that is: lack of the original packaging, absence of integral elements of the product (accessories, screws, instruction manuals, etc.), damage to the product for reasons other than transport (also due to the use of it).
The right of withdrawal also lapses in the event that the product has been used (meaning by carrying out a manipulation other than that strictly necessary to establish the nature, characteristics and functioning of the product) by the consumer before returning the item in question.

15.1 Procedure for exercising the right of withdrawal
In the case of exercising the right of withdrawal (as much as already highlighted in point 14), the customer must follow the procedure below:
• send to CICLIMATTIO S.R.L., within 14 days of receipt of the goods, a communication in to which the customer expresses the intention to withdraw from his purchase (via e-mail to info@ciclimattio.com or via ticket). 
• within the working day following the above communication, a document will be sent to the e-mail address indicated at the time of purchase to be filled in and included in the package, in which the customer can express his will (product change or refund ).
 • arrange, using a carrier service of your choice, to ship the product carefully packaged in the original packaging along with all accessories, instruction manuals and everything originally contained, including the related tax documentation. The product must be intact and must NOT have been used. 
• to insure the shipment against theft and transport damage and to bear the costs related to transport, theft and transport damage. If the returned product has not been insured for the value indicated on the invoice, in the event of damage or loss during transport, CICLIMATTIO S.R.L. reserves the right to charge for any damage suffered by withholding them from the amounts to be reimbursed. 
• ship the product to the address below within the second business day following the first communication.

CICLIMATTIO S.R.L. - ciclimattio.com 
Via Donatori di Sangue 1
12026 Piasco (Cn) - Italy

Alternatively, the customer can also fill in and send, by registered letter or to the address info@ciclimattio.com the return form attached to these general conditions of sale (sub A).

CICLIMATTIO S.R.L., without prejudice to the right to verify compliance with the above procedure, will reimburse the cost of the goods (excluding shipping costs and customs duties / import taxes) shipped within the following 14 working days upon receipt of the goods shipped by the customer and in any case not before receipt of the goods.
The refund will be made through the same channel used for the payment. If the original payment was made by bank transfer, please communicate your IBAN, the name of the account holder and the name of the bank via e-mail to info@ciclimattio.com.

16. Guarantees
16.1 Applicable law
In general, depending on whether the customer qualifies as an end-consumer or as a professional, with reference to the categories as identified by art. 3 Legislative Decree 06.09.2005 n. 206 (Consumer Code), the following legislative disciplines apply:
- Sales concluded with a consumer.
For purchases made by a person who can be defined as a Consumer pursuant to and for the purposes of art. 3 Legislative Decree 06.09.2005 n. 206 (Consumer Code of Conduct) the legislation referred to in the Consumer Code of Conduct itself is applied, to which reference is made in full.
- Sales concluded with a non-consumer
For purchases made by a person who cannot be defined as a Consumer pursuant to and for the purposes of art. 3 Legislative Decree 06.09.2005 n. 206 (Consumer Code of Conduct), the legislation referred to in the Civil Code and any special reference legislation applies.

16.2 Legal guarantee
In the event that the purchased goods prove to be defective or non-compliant, the customer has the right, without being subject to the payment of any expenses, to restore conformity by repairing or replacing 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 guarantee will in any case be offered for defects reported beyond the peremptory term of twenty-six months from delivery of the product.
In the event of purchase of second-hand products, the customer, by accepting the terms of sale, acknowledges and accepts that the legal guarantee of conformity applies to a period of one year.
For the purposes of restoring the conformity of the goods, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose, at the sole discretion of CICLIMATTIO S.R.L. disproportionate costs, with reference to the value that the goods would have without lack of conformity, to the extent of the defect and to the possibility of carrying out the alternative remedy without significant inconvenience for the customer.
CICLIMATTIO S.R.L. may therefore legitimately refuse to bring the goods into conformity if repair and replacement are impossible or if the costs that the seller should 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 insertion of all accessories, instruction manuals and everything contained in the original shipment will speed up the restoration of the lack of conformity.
The customer can, as an alternative to the repair / replacement of the product, request a reduction in the price proportional to the decrease in value of the goods received or the termination of the contract, at the expense of CICLIMATTIO S.R.L.
The customer who intends to make use of the legal guarantee in any of the aforementioned ways is required to send explicit notice to info@ciclimattio.com or by telephone at n. 0175.270058

16.3 Commercial Warranty
Some products sold on Ciclimattio.com benefit from, in addition to the legal guarantee of conformity referred to in the preceding point, a commercial guarantee, the duration of which is specified in the product page relating to the article itself.
To take advantage of warranty assistance, the customer must keep the invoice attached to the product shipment.

17. Regulation and jurisdiction

These general conditions of sale are subject to the Italian law. Although it is not highlighted in the pages of Ciclimattio.com regarding legal regulation, the laws and regulations in force at the time are referred to.
In order to settle any disputes arising in the interpretation or execution of these general conditions, the parties involved must previously attempt conciliation through the assisted negotiation procedure referred to in Legislative Decree 12 September 2014, n. 132, converted into Law 10 November 2014 n. 162.
Only in the event that the experiment of this procedure has a negative outcome, the interested party can exercise protection of his reasons before the competent judicial authority according to the general provisions of the code of civil procedure.

 

18. Credit management
Each user can accumulate credit on their account by subscribing to the Newsletter, at the discretion of our customer service staff in particular cases or through CASHBACK promotional activities (the amount of which varies depending on the promotion).
This credit can be deducted from the total to be paid in the order made by the user. To do so simply choose "Use your credit" in the ORDER SUMMARY before check out (before proceeding to choose the 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 the general conditions of sale
These general conditions of sale are to be considered applicable to any sale concluded through the website of CICLIMATTIO S.R.L.
Therefore, all concluded sales will be governed by these general conditions of sale on regulation and jurisdiction (except for what is specified in Article 17).

 

 

Attachment A

Return form to download - pdf format
(to be completed and sent together with the return goods)