ARTICLE 1 – OBJECT OF THE CONTRACT
With these general conditions of sale, therefore, each KURABIKE of Dal Gallo Marco sells and the Customer purchases remotely the tangible movable property indicated and offered for sale on the site www.kurabike.com.
The contract is concluded exclusively through the internet, through the access of the Customer to the address www.kurabike.com and the realization of a purchase order according to the procedure foreseen by the site itself.
Before proceeding to confirm their order, the customer undertakes to review these general sales conditions, in particular the pre-contractual information provided by our company and to accept them by affixing a flag in the indicated box. In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of the present general sales conditions, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014. P>
ARTICLE 2 – PRECONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
Before the conclusion of the purchase contract, the CUSTOMER takes a look at the characteristics of the goods that are illustrated in the individual product data sheets when the Customer chooses. Before validating the order with “payment obligation”, the Customer is informed about:
1. Total price of goods including taxes, with the detail of shipping costs and any other cost;
2. Terms of payment;
3. The term within which our company undertakes to deliver the goods;
4. For management, administrative, accounting and tax purposes;
5. Information that the customer will have to bear the cost of returning the goods in case of withdrawal;
6. Existence of the legal guarantee of conformity for the goods purchased;
7. After-sales service conditions and commercial guarantees provided by our company.
The Customer can at any time and in any case before the conclusion of the contract, take cognizance of the information relating to our company, the geographical address, telephone and fax number, e-mail address, information that is reported in the footer of our website.
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by us to the Customer of an order confirmation e-mail. The e-mail contains the Customer’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of present conditions. The Customer undertakes to verify the correctness of the personal data contained in the email referred to above and to promptly notify us of any corrections/changes to be made.
Our company is committed to describing and presenting the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product depicted on the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.kurabike.com do not constitute a contractual element, as they are to be considered only representative. Our company undertakes to deliver the goods within 30 days from the sending of the order confirmation e-mail to the Customer.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the time the Customer places the order. This availability must however be considered purely indicative as:
1. The products could be sold to other customers before confirming the order, due to the simultaneous presence of multiple users on the site;
2. A computer anomaly could occur that would make a product available to you that in reality is not.
Even after sending the order confirmation e-mail sent by our company, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product or products and the Customer will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of any amounts paid.
ARTICLE 5 – PAYMENT METHODS
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website www.kurabike.com or using the Paypal payment method. In case of payment with Paypal, the actual charge will be made at the time of the sending by our company of the order confirmation e-mail. The communications relating to the payment and the data communicated by the Customer at the time this is carried out take place on special protected lines.
ARTICLE 6 – PRICES
All the selling prices of the products indicated on the website www.kurabike.com are expressed in Euro and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made. The Customer accepts the right of our company to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent to the Customer.
In the event of a computer error, manual, technical, or any other nature that could lead to a substantial change, not foreseen by the store, of the selling price to the public, which makes it exorbitant or clearly derisory, the order of purchase will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products. In the case of multiple purchases made by the Customer with a single order and delivered separately, the term of 14 days. begins from the date of receipt of each individual product. The Customer who intends to exercise the right of withdrawal must communicate this to our company through an explicit declaration, which can be sent by registered letter to the a.r. or e-mail. The Customer may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract. In case of exercise of the right of withdrawal, the Customer is required to return the goods within 14 days from the day in which he communicated to our company his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. P>
The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, our company will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days. Regarding the return of the product subject to withdrawal, our company provides its customers with the possibility of using a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those relating to the telephone booking) will be borne by our company (art. 56 co.1 Legislative Decree 206/2005). On the other hand, if the customer intends to use another carrier or other shipping method, all costs will be borne by him (art. 56 co. 2 Legislative Decree 206/2005).
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, our company may suspend the reimbursement until receipt of the goods or until the demonstration by the Customer of having sent back the goods. Our company will carry out the refund using the same payment method chosen by the Customer during the purchase phase. It is possible to withdraw from the purchase of customized products only before they are put into production.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or in any case non-compliant with the orders made, the Customer has the right to restore without the expense of the conformity of the product by repairing or replacing the product. The Customer can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to the store within two months of discovery. In order to exercise the aforementioned right, the customer must proceed to communicate the return intention. In the event of a defective or non-compliant product, our company will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the Customer.
ARTICLE 9 – VIOLATIONS OF AUTHOR’S RIGHTS OR TRADEMARKS REGISTERED IN THE CUSTOMIZATION OF PRODUCTS
If the customer requests the personalization of the product purchased through the supply of images, logos or anything else, it will be the customer’s responsibility to ensure that this does not represent a violation of copyright or registered trademarks or anything else required by current legislation. Our company assumes no responsibility in this regard.
In particular, the Customer declares to be aware and accepts that KURABIKE is in no way able to verify the origin and nature of the contents published with the use of the service offered, on which, therefore, the Company cannot exercise any form of control.
The Customer declares that the content transmitted does not violate imperative, public order and morality rules and acknowledges that all information, photographs, images or any other material sent for processing / printing falls under his sole and exclusive responsibility.
The Customer also declares to be the owner of the rights relating to the contents of which he requests the reproduction or, in any case, to be in possession of the right authorization of the legitimate owners.
The customer agrees, in particular, not to use the service to print:
– illegal, harmful, threatening, abusive, harassing, defamatory and / or libelous, vulgar, obscene, pornographic, harmful to the privacy of others, racist, class or otherwise reprehensible content;
– contents that have no right to transmit disseminating by virtue of a legal provision, a contract or because of a fiduciary relationship;
– content involving the infringement of patents, trademarks, copyrights, advertising rights or other industrial and / or intellectual property rights of third parties.
The Customer relieves KURABIKE of any liability deriving from the violation of the above obligations, from the violation of the law and of the provisions that protect the copyright right as well as from any content that may in any way be offensive or defamatory to third parties.
The Customer undertakes to keep KURABIKE, the employees and collaborators of the company harmless from any claim, claim or dispute, including any expense and charge, deriving from the use of the service by the Customer.
ARTICLE 10 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law. Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the territory of the State. In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions by accessing the following site:https://webgate.ec.europa.eu/odr.
Information on art. 13 Regulation (EU) 2016/679 and s.m.i. for the processing of personal data – close order section
pursuant to art. 13 of the regulation (EU) 2016/679 and subsequent amendments, on the protection of persons and other subjects regarding the processing of personal data, the processing of information concerning you will be based on principles of correctness, lawfulness and transparency and protecting your privacy and your rights.
Pursuant to the above, we therefore provide you with the following information.
1. The data you provide to KURABIKE DI DAL GALLO MARCO, the data controller, will be processed for the following purposes:
to. Manage your purchase, billing, shipping and payment;
b. Create your personal account in the reserved space of our website;
2. The treatment will be carried out both through IT tools and in manual way by specially appointed subjects. The data will be stored in our digital and computer archives and in any case in the European territory.
3. The data are processed for the aforementioned purposes, as well as on the basis of consent, also for the purpose of complying with a contractual / pre-contractual, legal, regulatory, and legal requirement, as well as provisions issued by legitimate authorities and bodies of supervision and control. The explicit legislative references updated to their latest state of revision which provide for the obligations or obligations on the basis of which the processing of the data could possibly be carried out are available and can be consulted with the data controller and in any case are part of the current law of Union and of the Member State to which the controller of data is subject
4. As part of the treatments described above, it is necessary to know and memorize all the indispensable data (mandatory fields marked with an asterisk *). Any refusal to provide such data implies the failed or partial execution of the request.
5. The data you provide may be communicated to other companies solely for the purpose of handling your request (for example to web professionals, etc and as indicated in our privacy policies. If you want to know the list of companies your data may be communicated to manage this request, we ask you to contact us at email@example.com.
6. The data you provide will be processed and stored to fulfill legal obligations and until you cancel your account. Subsequently canceled or transformed into anonymous form except for its different and explicit indication.
7. The data will not be disclosed to third parties.
8. the data controller is: KURABIKE DI DAL GALLO MARCO, with registered office in via A. De Gasperi 19 – 31010 Maser (TV).
9. At any time you can exercise your rights towards the data controller pursuant to art. 15 and ss. of Regulation (EU) 2016/679 by contacting us via email at firstname.lastname@example.org.