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SALE CONTRACT

GENERAL SALES CONDITIONS

These General Sales Conditions ("General Conditions") govern the terms and conditions of sale of the products ("Products") marketed on the website www.gambacicli.com by:

  • Company Name: Webstore di Gamba Simone (Sole Proprietorship)
  • VAT: 02942840121
  • Registration with the Chamber of Commerce of Varese Nr. R.E.A.: 305259
  • Registered Office: Via Giovanni Macchi 82 21100 Varese - Italy
  • PEC: [email protected]
  • email: [email protected]

All contracts for the sale of Products by Gambacicli Webstore to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of every offer, order, and order confirmation for the purchase of the Products themselves. The applicable sales conditions are those in force at the time of the order.

SCOPE OF APPLICATION

The sale of products on Gambacicli is intended for:

  • Private Consumer (B2C): the individual who purchases on the website for a purpose other than the entrepreneurial or professional activity possibly carried out, the reference legislation is that of the consumer code, therefore the right of withdrawal with relative refund is allowed, and the legal warranty is recognized as per current legislation.
  • Entrepreneur (B2B): the individual who sells on the website within the scope of their entrepreneurial activity, recognized by the fact that they request the electronic invoice by filling out the checkout with their tax data (VAT number, Tax ID, and SDI code). The possibility of returning products within 14 days is equally recognized in exchange for recognition of a credit for a new purchase, the product warranty is commercial, and the reference legislation is the civil code.

PRODUCTS: PRICES, FEATURES, PACKAGING

Prices

Regarding the prices of products published on Gambacicli.com:

  • Prices are subject to change at any time without prior notice.
  • No discounts are provided to retailers or wholesalers.

VAT

When the customer reaches the checkout and fills in the billing and shipping details, or if a registered customer logs in, the prices are updated including VAT (where applicable) for the EU country of destination by applying the applicable rate (visible on https://europa.eu), exempt for orders with destinations outside the EU and EU companies with a VAT number enabled for Intrastat operations (in the latter case, please contact us before placing the order). We remind you that within the EU there are no customs duties, and the total amount paid includes all expenses, unlike outside the EU.

The prices of the products published by Gambacicli from time to time are subject to continuous changes, cancel and replace the previous ones, Gambacicli reserves the right to confirm or modify the prices of the products published on its website at the time of Customer's order confirmation, in this case, the customer would be contacted by our customer service and would be entitled to a full refund if they deemed the increase unacceptable. In case of obvious pricing errors, for example, Gambacicli reserves the right to automatically refund the customer and cancel the order.

Product Features

The technical and functional characteristics related to the products published by Gambacicli through websites and/or promotional messages are those communicated by the respective manufacturers. Gambacicli assumes no responsibility regarding the truthfulness and completeness of such information. Product images are indicative and not binding. Unless otherwise specified, the products are new and are not provided for trial. Although Gambacicli operators may provide indications regarding the characteristics of the products, the Customer is responsible for the choice of the ordered products and for the compliance of the specifications indicated by each manufacturer to their own needs.

Online purchase requires competence and autonomy in choosing the items to purchase and in verifying their compatibility with one's own bicycle. It is not possible to receive online the sales service available in a physical store. This service requires direct interaction with the customer (inspecting the bicycle and verifying compatibility on-site) and has a cost that reflects on the sales prices.

Product Packaging

The supply of certain types of products in large quantities such as: covers, chains, cassettes, control levers, brake pads, braking systems, and others may involve the absence of individual packaging. We try to minimize packaging both for ecological reasons and to offer a very competitive price. These are original products identical to those in boxes, only without packaging, the originality is always verifiable through the codes and brands engraved directly on the components themselves and they enjoy the same warranty conditions. It will be our responsibility to ensure proper packaging if these products are originally without it to minimize the risk of damage due to transportation and handling.

PROMOTIONS AND DISCOUNT VOUCHERS

Gambacicli offers ongoing promotions and special offers on catalog products. Promotions are directly published on the website pages or sent through advertising campaigns and newsletters, generally, the applied discount is in percentage and relative to the manufacturer's suggested retail price. Gambacicli reserves the right to terminate active promotions at any time.

It is possible to purchase gift vouchers worth 50, 100, or 200 euros on the website www.gambacicli.com. For these special items, it is not possible to apply for a return, they are not convertible into cash, and furthermore, they cannot be combined with other ongoing promotions. For the purchase of such products, it is not possible to take advantage of discounts or promotions periodically received through newsletters or advertising banners on the website.

ORDERS AND INVOICING

All purchase orders for Products submitted to Gambacicli Webstore must be complete in every part and must contain all the elements necessary for the correct identification of the ordered Products. Each order of Products submitted to Gambacicli Webstore constitutes a contractual proposal from the Customer and, therefore, will be binding on Gambacicli only if confirmed by it for acceptance. The processing of the order by Gambacicli constitutes confirmation and acceptance thereof.

Gambacicli reserves the right to cancel orders placed and not paid after 5 working days from the date of the order except for orders with cash on delivery payment.

In the event of non-execution of the order by Gambacicli (if it is due to unavailability of the Products ordered by the Customer), Gambacicli will promptly inform the Customer who may request a refund of the amount already paid in advance for the unfulfilled supply. In this case, the Customer will not be entitled to any compensation or reimbursement of any kind.

Regarding the documentation that may accompany the goods delivered to the customer:

ONLINE SALES TO INDIVIDUALS

All online sales made to individuals (B2C) within the direct or indirect e-commerce do not require the issuance of an invoice or receipt. The goods delivered by Gambacicli will generally be accompanied by a summary sheet of the order, without any fiscal value, the same can be downloaded from your account if the order has been placed by a registered customer or you can refer to the order confirmation email.

If the private customer expressly requests the issuance of the electronic invoice, this will be issued without any problem, the customer must provide the Tax Code and be Italian.

ONLINE SALES TO BUSINESSES OR PROFESSIONALS

For online sales made to holders of VAT numbers (B2B), the electronic invoice is always issued and the customer will find it in their tax drawer.

ADDITIONS, CHANGES, OR CANCELLATIONS TO PLACED ORDERS

Upon completing an order, you will receive a confirmation email summarizing the information provided and the products purchased. If you notice any errors, please inform us immediately by replying to the received email. Please note that once the order is completed, it will no longer be possible to add additional items, as your order is immediately received by the system and processed. Therefore, we encourage you to verify that you have included everything you need before finalizing your purchase. In case you forgot to purchase any items, it is always necessary to place a new order, and if applicable, pay for new shipping. Gambacicli may refund double shipping costs only if the order and addition are combined.

To cancel an order that has not been shipped, simply contact us promptly via PEC or email before receiving shipping confirmation. Only if the order has not yet been shipped (order in processing) can cancellation and the corresponding refund be requested. A handling fee of 5% (with a minimum of 10 euros) of the total cost is applicable and will be deducted from the refund to cover processing costs (handling and product preparation).

PAYMENTS

Orders must be paid for and payment can be made by: Bank transfer, Credit and debit card (Maestro, Visa, Postepay), PayPal account or credit card via PayPal, Klarna, cash on delivery (COD) with a 2% surcharge (minimum 5 euros) on the total cost. Payment details are visible on the Payments page.

PRODUCT AVAILABILITY

The delivery terms indicated by Gambacicli on the Delivery and Costs page refer to Products available at its own warehouses and, although carefully evaluated, must be understood as non-binding for Gambacicli, which may subsequently confirm or modify them according to its actual needs.

The actual availability of products is always updated in real time. For each order received, the relevant quantities are deducted, so the customer will always see the real availability on the product page.

If there are multiple options (e.g., color, size, etc.), select the combination of interest to know the exact availability. The first option must be selected before the subsequent one. Additional verification can be obtained by checking the products in the cart. If products need to be ordered, it is clearly indicated; otherwise, without indications, everything is ready to be shipped.

Products can be:

  • AVAILABLE: the product is immediately available in the warehouse and ready for shipping
  • TO BE ORDERED 3-5 DAYS: means that the product is not in stock but can still be ordered. The average supply time is 3 - 7 working days depending on the brand. If there are any arrival issues, you will be promptly notified.
  • NOT AVAILABLE: the site does not allow ordering as we do not have an estimated arrival time.

ORDER PROCESSING TIME

Gambacicli prepares the merchandise contained in the order and indicated as available generally within 48 working hours from the sending of the order itself and entrusts the merchandise to the Courier on the same day of preparation. Each shipment will be notified via email as well as every update on the order status sent.

SHIPPING COSTS

For deliveries within the Italian territory, shipping costs are free if the order amount exceeds €99 including VAT, otherwise they are a fixed amount starting from €5.90 for lower orders. Delivery costs for minor islands and outside Italy have different costs, which are detailed on the Delivery and Costs page.

For deliveries outside Italy, shipping costs are calculated at checkout: you can quantify them by adding products to the cart and selecting the destination country for shipping.

For Extra-EU shipments, the carrier may subsequently request additional costs for importing the material in addition to those paid on the website for shipping. These costs are not predictable by Gambacicli and include the VAT of the destination country and the related customs duties.

EXPORT AND CUSTOMS DUTIES

In all countries outside the European Union, imported goods are subject to a customs clearance procedure. When you purchase from Gambacicli, the goods are shipped from Italy. Therefore, the buyer becomes the importer and is responsible for customs clearance in the destination country. As an importer, the buyer assumes all responsibility for customs clearance and any issues related to inspection or improper storage.

Please note that customs services have the right to stop and inspect goods for as long as they deem necessary. Consequently, Gambacicli cannot be held responsible for any delays due to the customs clearance procedure.

The importation of certain goods, such as gas products, pressurized products, or lithium batteries, is not allowed in the destination country because they are considered "dangerous goods."

Imported goods may be subject to customs duties, taxes, and/or customs clearance costs (including any intermediaries where applicable) payable by the customer. For orders destined for the USA, there is currently a $800/day exemption, so orders below this amount will not incur any import duties.

For international shipments, our offices provide couriers with the necessary documentation and information for shipment. However, additional documents may be required for thorough inspection of the goods by customs services. In this case, Gambacicli will do everything possible to assist the buyer in providing the necessary assistance and documents for customs clearance.

PRODUCT DELIVERY

Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim any compensation or indemnity of any kind. In case delivery is refused, storage and return costs of the goods to the warehouse will be charged (or deducted from the refund).

At the time of delivery of the goods by the courier, the Customer is required to check that the number of packages corresponds to what is indicated on the accompanying invoice and the carrier's delivery note; that the packaging is intact, not damaged, or in any way altered.

The existence of any damage or discrepancy in the number of packages must be immediately contested to the courier by means of a specific note on the delivery note. It is understood that in case of non-contestation, the Customer accepts the delivered goods.

The goods travel at the risk and expense of the recipient even if sold duty paid. Risks arising from transport are insured. The risk of loss or damage to the goods, for causes not attributable to the seller, is transferred to the consumer only at the moment when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods. The risk is transferred to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and such choice has not been proposed by the professional, without prejudice to the consumer's rights against the carrier.

Any problems regarding the integrity, correspondence, or completeness of the products received must be reported within 3 days of delivery by email to [email protected]. Beyond this timeframe, Gambacicli Webstore will not accept any complaints or disputes regarding the received material.

In case of non-collection within 5 working days of the material in storage at the courier's warehouses due to the impossibility of delivery to the address indicated by the Customer, the purchase order will be automatically canceled. If the Customer expresses the desire to receive the goods again, the shipping costs (both return due to storage and new shipping) will be entirely at their expense. Gambacicli has the right to make the delivery of the Products (even related to the same order) in multiple successive deliveries. Special delivery conditions and terms must be previously agreed upon between the Customer and Gambacicli and accepted in writing.

RIGHT OF CONFORMITY

The consumer code (Legislative Decree no. 206/2005), as recently amended by Legislative Decree no. 170/2021 at articles 128-135, provides for the seller's obligation to guarantee to consumers the suitability of the purchased goods to the characteristics and qualities offered. The seller is therefore responsible for defects of conformity existing at the time of delivery for all products sold in their store. The defect of conformity exists when the product:

  • is not suitable for the usual use it is intended for;
  • does not conform to the description or does not possess the qualities presented by the seller;
  • is not suitable for the particular use desired by the consumer, if the latter has been informed incompletely and/or incorrectly at the time of purchase by the seller.

Gambacicli asks the buyer, in case a defect of conformity is found, to cease using the product and contact us, specifying the problem encountered.

Pursuant to Legislative Decree no. 24 of 02-02-2002, Gambacicli is liable to the consumer for any defect of conformity existing from the moment of delivery of the goods for the 24 months following. Every detail is visible on the page Guarantees and Conformity.

Gambacicli informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been set up for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform is available at the following address https://ec.europa.eu/consumers/odr/main/. Through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved.

JURISDICTION

Without prejudice to the possible applicability of mandatory legal provisions protecting consumers (as defined pursuant to Legislative Decree 06/09/2005 no. 206), any dispute connected to these General Conditions governed by Italian law shall be referred to the exclusive jurisdiction of the Court of Varese.

RIGHT OF WITHDRAWAL

This right consists of the option to return the purchased goods to the supplier and receive a refund of the purchase price. The consumer can exercise the right of withdrawal within a period of 14 days from receipt of the products, and must return the products to our warehouse within 14 days. The procedures for exercising the return of a product are specified on the Right of Withdrawal page. If the order has not yet been shipped but is in processing, it is possible to request cancellation and a refund by contacting Gambacicli customer service. A handling fee of 2% (with a minimum of 5 euros) of the total cost is applied if the request is made within 48 hours of order receipt. This fee covers warehouse handling costs for the ordered products.

PROCESSING OF PERSONAL DATA

Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of the contract and related necessary communications. Such data is processed electronically in compliance with current laws and may be disclosed only upon request by the judicial authority or other authorities authorized by law. For any further detailed information, please refer to the dedicated Privacy page.

OBLIGATIONS OF THE BUYER

These General Conditions may be updated or modified at any time by Gambacicli simply by publishing them on its website www.gambacicli.com. The consumer undertakes and obliges to take note of the sales conditions whenever making a purchase. The buyer is strictly prohibited from entering false, invented, or fantasy data in the registration procedure necessary to activate the process for executing this contract and related further communications. The personal data and email address must exclusively belong to the buyer and not to third parties or be fic