A – Every order received by the Manufacturer / Seller’s head office just as out with of this, eg. the Manufacturer / Seller’s website, via telephone, email, certified email, fax or post, remotely or in anyway negotiated out with the Manufacturer / Seller’s business premises, is subject to the following general conditions of sale delivery assistance warranty (from now on known as the “Conditions”).
B – The offers made by the Manufacturer / Seller, however they may be formed, constitute an offer to buy subject to the verification of the availability of the goods and the acceptance of the offer by the Manufacturer / Seller. The unavailability of the good for any reason namely the non-acceptance by part of the Manufacturer / Seller can never be source of patrimonial obligation or responsibility of the Manufacturer / Seller towards the consumer or other similar individuals.
C – Failure to accept these conditions in their entirety make it impossible for the Manufacturer/ Seller to accept and fulfil the order with the exclusion of any liability both patrimonial and non, towards the consumer or other similar individuals.
Manufacturer/ Seller: sole proprietorship of Semprini Andrea with headquarters in Riccione (RN- Italy) in Via Torquato Tasso 181, C.F. SMPNDR87L03H294B Partita IVA 04228180404, of which the owner and legal representative is Mr. Andrea Semprini, who uses the distinctive symbol ‘Kory York’ for the denomination of his activity and the distinction of their own products and goods. Contact information is email email@example.com, tel. +39 3281561686, which can also be used for the purposes referred to in Article 49 paragraph 1 letter d) of Legislative Decree 206/2005 and subsequent amendments of the Italian Republic (Consumer Code).
Buyer: the physical person who buys goods (primary or secondary as defined below) from the Manufacturer / Seller, within the limits in which he is defined as a 'Consumer' by article 3 paragraph 1 letter a) of Legislative Decree 206/2005 and subsequent amendments of the Italian Republic (Consumer Code), or the legal person who purchases goods (primary or secondary as defined below) from the Producer / Seller, also as defined by article 3 paragraph 1 letter c) of Legislative Decree 206/2005 and subsequent amendments of the Italian Republic (so-called 'Professional').
Goods: the objects, artifacts, finished or semifinished goods and/or the goods bought and / or commissioned by the buyer from the Manufacturer/ Seller and delivered by way of sale or the transfer of ownership and /or possession to the buyer, in any material of which they are made including models, parts and accessories produced by the Manufacturer/Seller following a request or in a personalised manner by the buyer, divided in turn into:
Primary goods: bicycle frames and/or complete bicycles or incomplete in their parts and/ or accessories, including the fork joined or not to the frame, parts of the bicycle frame and/or the fork or parts of a bicycle in general.
Secondary goods: bicycle accessories, clothing, clothing accessories, cyclist accessories and everything that is not included in the description of ‘Primary goods’ specified above.
Consumer Code: Legislative Decree, 06/09/2005 n ° 206, G.U. 08/10/2005 of the Italian Republic and subsequent additions and amendments, as in force at the time of its activation, operating only where the buyer is a physical person.
Responsibility and Warranty. Reminder of the existence of a legal warranty for the conformity of goods. Conditions for assistance.
- 2.1 – The primary goods commercialised by the Manufacturer/ Seller and the secondary goods which are accessories and /or parts of the primary goods are designed and manufactured for use on adequate surfaces, in particular for use on flat and regular surfaces, without natural or artificial pitfalls of any kind. The buyer declares to be aware that in case of incorrect assembly, incorrect or timely maintenance or repairs in case of use of the primary and /or secondary goods that do not comply with that for which they are designed for, which is carried out by the Buyer or third parties, no liability for damage to goods as well as damage to persons or things, including third parties, may be borne by the Manufacturer / Seller. All imperfections, which highlight the artisanal nature of the work carried out, are not considered defects if they do not compromise the functionality of the product purchased.
- 2.2 - Under the condition of use of primary goods and of secondary goods that are accessories and / or parts of the primary goods in a manner consistent with what is indicated in paragraph 2.1 and on condition that the secondary goods are used in a manner consistent with their normal characteristics and purposes, it will operate on the goods (primary or secondary) and in favour of the Buyer, a physical person, the Warranty provided by the rules of the Consumer Code. Under the same conditions indicated above, the Warranty provided for by the Civil Code of the Italian Republic in articles from 1470 to 1547 and in any case under the title of the Civil Code dedicated to the 'Sale' will operate, where the Buyer is a subject other than the physical person and therefore is a legal person or a body governed by public law or international law.
- 2.3 – The safety of minors or disabled people whilst using the goods marketed by the Manufacturer / Seller remains under the responsibility of parents and guardians, in particular ensuring that the goods are of the appropriate size or dimensions, and are in a good state of maintenance and are functioning, that the minor or disabled person has understood how to use the goods safely and how to comply with the local regulations that regulate circulation in a public or private place.
- 2.4 – The Warranty will not be valid in case of use not compliant with the indications given in points 2.1 – 2.2- 2.3 and in the case of incorrect assembly, the improper use of goods (primary or secondary), modifications made to the Goods (primary or secondary) by the Buyer, completion or integration of the goods (primary or secondary) with non-compatible parts or accessories, maintenance, repairs or interventions on the goods (primary or secondary) carried out by subjects not authorised by the Manufacturer/ Seller or by the Manufacturer/ Seller himself, the manipulation, modification or integration of the components of the goods or the goods themselves (primary or secondary), of defects or damages caused by the buyer or third parties to the goods (primary or secondary) , damages caused by natural events or catastrophes, all of which that forgoes operations by the buyer or the use by third parties. Like with the use of the goods (primary or secondary) by the Buyer or third parties for commercial uses of any or for neglect or abuse, alterations or modifications or use with other defective products or goods that are not compatible, or for sporting or competitive use, both professional and amateur.
- 2.5 – Where the Buyer (consumer) activates the Warranty indicated in the previous points, it remains their responsibility to ensure the delivery of the goods to the Manufacturer/Seller’s headquarters anticipating all the relative costs, ensuring that the goods don’t become damaged during the transport and delivery, in general ensuring that method of transport and delivery is adequate for the characteristics of the goods. Upon the completion of checks and any potential actions carried out by the Manufacturer/ Seller any costs incurred by the Buyer (consumer) for the delivery of the goods to the Manufacturer/Seller’s headquarters will be reimbursed to the Buyer only when there was the need for the intervention under warranty by the Manufacturer/Seller. In the case of an intervention under warranty by the Manufacturer/ Seller, the latter will incur the appropriate costs for redelivery of the goods to the Buyer, whilst in the opposite case it is the Buyer’s responsibility to sustain the costs involved in the delivery of their goods which will remain available at the Manufacturer/Seller’s headquarters. When the Buyer is a different person to the Consumer, all costs for the delivery of goods to the Manufacturer/Seller’s headquarters and then for redelivery from the afore mentioned place will be completely their responsibility, the goods will still remain available at the Manufacturer/Seller’s headquarters.
- 2.6 – The Manufacturer/ Seller provides the legally required warranty for the conformity of the goods they market pursuant to and for the effects established by the Consumer Code.
- 2.7 – With regard to the images of the goods shown on the Manufacturer / Seller's website, it is possible that they may not be perfectly representative of the characteristics of the goods and may differ in some details. However, the Manufacturer / Seller is responsible for making every effort to ensure that every graphic representation and description is as accurate as possible.
- 2.8 - The Manufacturer/ Seller will be able to provide the Buyer with after-sales services if requested to do so. The costs of these services will not be included in the purchase price of the goods and will be quantified and agreed separately for each request.
Responsibility for use of goods.
- 3.1 - The Buyer declares to be aware that the primary goods and their accessories and / or parts, as purchased and / or commissioned, may be non-compliant or not completely compliant with the regulations of the country to which they belong for use on the road and / or in a public or private place. Where the goods cannot be brought into compliance at the expense and care of the Buyer with these rules, the same undertakes not to use them for road use and / or in a public or private place where the use is not permitted, exempting the Manufacturer / Seller from all responsibility for any sanctions of any kind and kind such as for damage caused to the Buyer himself or to third parties or to things of the Buyer themself or of third parties. Where the goods can be brought into compliance with these rules, the Buyer undertakes to complete them with everything necessary for the purposes of compliance with the rules for road use and / or in a public or private place before carrying it out, otherwise exempting the Manufacturer / Seller from any liability for any sanctions of any kind and kind as for damage caused to the Buyer himself or to third parties or to the property of the Buyer or third parties.
- Right of withdrawal.
4.1 - The right of withdrawal for long distance contracts or contracts negotiated away from business premises belongs to the Buyer who is a physical person ('Consumer' as such defined by article 3 paragraph 1 letter a of the Consumer Code) under the terms and conditions the methods and timings provided by the Consumer Code.
The period for withdrawal starts from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods and must be exercised within the times and in the manner referred to in articles 52 and 54 of the Consumer Code.
The exercise of the right of withdrawal for long distance contracts or contracts negotiated away from business premises involves the assumption by the Buyer of all the costs of returning the goods to the Manufacturer / Seller if the goods by their nature cannot normally be returned by post and in any case also in the case of return by post.
The right of withdrawal in relation to goods (primary or secondary) made to measure or customized is excluded, pursuant to and for the purposes of Article 59 of the Consumer Code. By way of example and not limited to, for tailor-made packaging or personalization, the realization of the goods according to measures and technical specifications of any kind indicated and / or provided by the buyer, the realization with the painting of the colour requested by the Buyer, the affixing of distinctive signs on the goods according to the Buyer's requests, etc.
The Manufacturer / Seller declares that the primary goods produced and / or marketed by them consist of goods made in an artisanal way and customized in relation to the measures / technical specifications and the type of finish / colour, in compliance with the requirements of the Buyer at the time of order and that they are handcrafted after the receipt of each order.
The right of withdrawal and return in relation to clothing and clothing accessories purchased at the Manufacturer / Seller’s headquarters or not purchased at the Manufacturer / Seller’s headquarters is excluded, as they are goods supplied in sealed packaging that do not lend themselves to being returned for hygienic reasons or related to the protection of health and goods that have been opened after delivery, always with the exclusion of the right of withdrawal also for said goods to the extent that they are made to measure and / or personalized.
In no case may the Buyer exercise the right of withdrawal and return where the goods have discrepancies, defects, damage, wear or imperfections not attributable to the responsibility of the Manufacturer / Seller.
4.2 – The Buyer is obliged, without undue delay and in any case within fourteen days from the date on which he communicated to the Seller his decision to withdraw from the contract in the manner and timing dictated by the Consumer Code, to ship the goods to the Manufacturer / Seller in the following ways:
- placing the goods in the original intact packaging or in a different but adequate packaging, packing it and putting their name, surname and full address and that of the Manufacturer / Seller and of their headquarters on the packaging;
- by sending or otherwise delivering the goods to the Manufacturer / Seller at their headquarters, using a traceable shipping method for this purpose and as soon as the shipment has been made, communicating the shipment number and the name of the courier / carrier to the Manufacturer / Seller.
Once the above has been observed by the Buyer and verified by the Manufacturer / Seller that the goods do not present any discrepancies, damage, wear or imperfections not attributable to the responsibility of the Manufacturer / Seller, the Manufacturer / Seller will reimburse the payments received from the consumer without undue delay.
The costs incurred by the Buyer for the return / redelivery of the goods in the manner chosen by the same will be excluded from the refund.
The standard withdrawal form referred to in Annex 1 point B of the Consumer Code is shown below:
Standard Withdrawal form- pursuant to Article 49, paragraph 1, letter h).
Fill in and return the following form only if you wish to withdraw from the contract.
Sender – (to be filled in by the actual sender)
Recipient - sole proprietorship of Semprini Andrea with headquarters in Riccione (RN- Italy) in Via Torquato Tasso n. 181
With the following I/we… notify the withdrawal from my/our …. Sales contract for the following goods/ services…. – Ordered on the …. / received on the ….
Name/s of the consumer(s) – Address of the consumer(s) – Signature (s) of the consumer(s) (only if the following form is sent in paper form) – Date and place.
5 – Prices of the goods, availability, terms of payment.
5.1 – The offers of goods made by the Producer / Seller on their Website and the relative prices are valid only if they are visible and can be purchased on the Website itself and while stocks last or in any case depending on the temporary availability or unavailability of the goods and in any case they are subject to change. The provisions of point B in the 'Premise' remain valid and referred to herein. For the purposes of Article 51 paragraph 2 of the Consumer Code relating to long distance selling, the total price of goods or services including taxes is communicated and made visible for each item on the Manufacturer / Seller's website. For the purposes of the same provision, the Manufacturer / Seller expressly warns the Purchaser that sending the order involves the obligation to pay the relative fees. The goods marketed by the Manufacturer / Seller on its Website under the conditions indicated therein are available exclusively for physical persons ('Consumers') and in any case the Manufacturer / Seller reserves the right not to process orders placed by Buyers who are not physical persons ('Consumers'). The Manufacturer / Seller does not in any case allow the Buyer to purchase their goods with the primary and immediate purpose of further marketing them where this purpose has not been the subject of a specific negotiation agreement between the Manufacturer / Seller and the Buyer and reserves the right to otherwise, all rights and actions to protect their rights and interests and to compensate for any type of direct or indirect damage.
5.2 – The prices indicated by the Manufacturer/ Seller on their website or on their premises are without VAT in Italy pursuant to art. 1 paragraphs from 54 to 89 of law 190/2014 and subsequent amendments and additions.
For intra-community (EU) invoices: operation is carried out pursuant to art. 1 paragraph from 54 to 89 of Law 190/2014 - flat-rate regime - does not constitute intra-community transfer pursuant to art. 41 paragraph 2 bis of the D.L. n. 331 of 30/8/1993
For foreign invoices (Extra EU): non-taxable transaction pursuant to art. 21, paragraph 6, lett. B of the D.P.R. 633/72.
Any local taxes and customs duties remain the responsibility of the Buyer as are the relative payment practices and any import practices.
5.3 – The goods will be delivered or sent solely after the receipt of payment. The delivery times are indicative and can be subject to variations due to our suppliers, the couriers or force majeure and not dependent on the will of the Manufacturer/ Seller, who endeavours to ensure a speedy delivery. Delays in the delivery inferior to 90 days do not give the Buyer any right to refuse delivery nor to claim compensation of any kind.
Shipping costs in general are as indicated on the Manufacturer/ Seller’s website or for each individual item or any agreement made directly with the Buyer by the Manufacturer / Seller at the Manufacturer / Seller's headquarters or in other ways will apply.
5.4 – The payment methods accepted by the Manufacturer/ Seller, other than cash payments made on their business premises, are the following:
Credit or Debit cards from all major circuits / eg. PayPal – Shop Pay – G pay or others. The Manufacturer/ Seller at no point has access to the information of the card you used. All the information (for example, card number, cardholder’s name, security codes, expiry date) will be managed directly by the online payment website which give the services for the electronic payment chosen. This information will not be used directly by the Manufacturer/Seller and the price of the gods and delivery costs will be deducted from the credit/debit card at the time of the order.
Wire transfer, without charging any additional costs or commissions other than those provided by the credit institution used by the Buyer. In the case of using this method, it may take from 2 to 7 working days or more for the Manufacturer / Seller to have confirmation of the actual crediting of the payment to their account and to be able to process the order received. The details for the transfer, from Italy and abroad, are as follows: Name of the beneficiary: Andrea Semprini IBAN - IT31S0709067772014010189904 – Banca Malatestiana Credito Cooperativo Filiale di Coriano (RN – Italia) – BIC / Swift CCRTIT2TMAL
6 - Shipping and transfer of risks.
6.1- In the case of the purchase of primary goods completely or partially assembled, at the time of shipment the afore mentioned could be dismantled into some or all of their parts and it will be the responsibility of the Buyer to correctly reassemble the goods, excluding any liability of the Manufacturer / Seller in case of omissions or errors in the reassembly site / reassembly that are attributable to the Buyer or to third parties.
6.2 - The Manufacturer / Seller will choose the shipping, transport and delivery methods and the person who will take care of them at its discretion, the delivery times will depend on the person in charge. The Manufacturer / Seller undertakes to deliver the goods to the carrier in the shortest time technically possible from the moment of the actual payment of the order, always subject to the provisions of paragraph 5.2 above. Any geographical restrictions on shipping and delivery will be indicated by the Manufacturer / Seller during the order procedure.
Where the Purchaser is a physical person (Consumer), the risks of damage or loss of the goods will be borne by them at the time of delivery or at the time when they should have collected the goods. Where the Buyer is a legal person (Professional), any risk of damage or loss of the goods will be borne by them at the time of delivery of the same to the carrier who will be directly responsible to the Buyer for his work.
Upon delivery of the goods, the Buyer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and to check that the packaging is intact and not altered even the closing tapes. In the event of tampering and / or breakage, the Purchaser must immediately contest the shipment and / or delivery by putting the wording "subject to control and verification of the goods" on the delivery document that the shipper / carrier will display.
Where the Buyer does not act in this way and there are discrepancies or defects in the goods, no warranty by the Manufacturer / Seller will be actional.
6.3 – Where the Buyer wishes to use a specific insurance policy on the delivery and if it does not appear to be included by the Manufacturer/ Seller in their offer, they must request it in advance at the time of the order by sending a request via email or telephone to the Manufacturer / Seller. The relative cost will be at your expense and will be paid at the time of payment of the purchased goods and in any case before the goods are shipped.
- Law applicable to purchases and dispute resolution.
7.1 - Any purchase made by the Buyer from the Manufacturer / Seller, in any way, remains subject to the legislation and law of the Italian Republic, with the exception of the UN Convention relating to international contracts for the sale of movable property.
7.2 - For any dispute regarding the interpretation and execution of this contract between the Manufacturer / Seller and the Buyer other than the physical person, as well as for the purposes of any injunctive and / or precautionary actions of any kind, it is agreed pursuant to Article 28 of Cpc of the Italian Republic, that the only competent court will be exclusively that of Rimini, with express exclusion, pursuant to Article 29 of the C.p.c. of the Italian Republic, of the competence of any other competing Court.
7.3 – Online dispute resolution: The European commission has created a platform for put of court dispute resolution. This procedure offers physical Buyers (Consumers) the possibility to resolve disputes relating to online purchases without having to resort to the establishment of a trial and the involvement of courts and judges. The description of the procedure is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
GENERAL CONDITIONS OF SALE DELIVERY ASSISTANCE WARRANTY - Updated on November 2020