SALES CONTRACT

  • Conditions General of Sale
  • Scope of Application
  • Products: prices and features
  • Promotions and Discount Coupons
  • Orders and Invoicing
  • Additions, additions or changes to orders made
  • Payments
  • Shipping costs
  • Product delivery
  • Right of conformity
  • Jurisdiction
  • Right of withdrawal
  • Personal data processing
  • Obligations Buyer

GENERAL CONDITIONS OF SALE

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

 

  • Company name: Webstore di Gamba Simone (Sole proprietorship)
  • VAT number: 02942840121
  • Registration in the Varese Chamber of Commerce No. REA: 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 the nti General Conditions, which form an integral and substantial part of every proposal, order and purchase order confirmation of the products themselves. The applicable sales conditions are those in force on the date of the order.

SCOPE OF APPLICATION

The sale of the products on Gambacicli is intended for:

 

  • Private consumer (B2C): the person who buys on the site for a different purpose than any business or professional activity carried out, the reference legislation is that of the consumer code therefore the right of withdrawal is allowed with relative reimbursement and the legal guarantee is recognized as per current legislation.
  • Entrepreneur (B2B): the person who sells on the site as part of his business activity, recognized by the fact that he requests an electronic invoice by filling in the checkout with his own tax data (VAT number, CF and SDI code). The possibility of returning products within 14 days is also recognized against the recognition of a credit for a new purchase, the product warranty is the commercial one and the reference legislation is the civil code. 

PRODUCTS: PRICES AND FEATURES

Regarding the prices of the products published on Gambacicli.com:

 

When the customer arrives at checkout and fills in the billing and shipping data, or if a registered customer logs in, the prices are updated including VAT (where applicable) for the EU country of destination applying the rate in force (visible on https://europa.eu), exempt for orders with destination countries outside the EU and EU companies with VAT number enabled for Intrastat operations (in the latter case, please contact us before ordering). We remind you that within the EU there are no customs duties and the total paid is inclusive of all expenses, unlike the extra 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 to change the prices of the Products published on its website at the time of order confirmation. of the Customer, in this case the customer would be contacted by our customer service and would be entitled to a full refund if he found the increase unacceptable. For example, in the event of an obvious price error, Gambacicli reserves the right to refund the customer ex officio and cancel the order.

The technical and functional characteristics relating to the Products published by Gambacicli through the websites and / or promotional messages are those communicated by the respective manufacturers. Gambacicli assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding. The Products, unless otherwise specified, are new and are not supplied as a trial. Although Gambacicli operators can provide information on the characteristics of the Products, the Customer is responsible for choosing the Products ordered and for the correspondence and conformity of the specifications indicated by each manufacturer to their needs.

The online purchase requires competence and autonomy in choosing the items to buy and in checking the compatibility with your bicycle, it is not possible to receive the sales service present in a physical store online. This service requires a direct relationship with the customer (viewing the bicycle and verifying compatibility on the spot) and has a cost that is reflected in the sales prices.

The supply of some types of products in large quantities such as: covers, chains, sprocket cassettes, control levers, brake pads, braking systems and more can lead to the absence of individual packaging. We try to minimize the packaging both for an ecological discourse and to offer a very competitive price. They are original products and identical to those in the box, only without packaging, the originality is always verifiable through the codes and trademarks engraved directly on the components themselves and they enjoy the same warranty conditions. We will take care to ensure correct packaging if these products are not originally equipped to minimize the risk of damage due to transport and handling.

PROMOTIONS AND DISCOUNT COUPONS

Gambacicli applies continuous promotions and special offers on the products in the catalog. The promotions are published directly on the pages of the website or sent through advertising campaigns and newsletters, generally the discount applied is in% and relative to the retail price recommended by the manufacturer. Gambacicli reserves the right to terminate active promotions at any time.

Shopping vouchers worth 50, 100 or 200 euros can be purchased on the website www.gambacicli.com. For these special items it is not possible to apply the withdrawal, they are not redeemable for money and are also not combinable with other promotions. For the purchase of these products it is not possible to take advantage of discounts or promotions received periodically through newsletters or advertising banners on the site.

ORDERS AND BILLING

All purchase orders for Products sent to Gambacicli Webstore must be complete in their entirety and must contain all the elements necessary for the correct identification of the Products ordered. Each order of Products sent to Gambacicli Webstore constitutes a contractual proposal by the Customer and, therefore, will be binding for Gambacicli only if confirmed by the same for acceptance. The fulfillment of the order by Gambacicli is equivalent to confirmation and acceptance of the same.

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

In case of non-execution of the order by Gambacicli (if the same is due to unavailability of the Products ordered by the Customer), Gambacicli will as soon as possible inform the Customer who may request a refund of the amount already paid in advance for the supply. not performed. In this case, the Customer will not be entitled to any indemnity or compensation whatsoever.

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

ONLINE SALES TO PRIVATE INDIVIDUALS

All online sales made to private individuals (B2C) in the direct or indirect eCommerce context do not require the issuance of the invoice or receipt. The goods delivered by Gambacicli will generally be accompanied by a sheet with the summary of the order, without any fiscal value, the same can be downloaded from your account if the order was sent by a registered customer or you can refer to the confirmation email order.

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

ONLINE SALES TO COMPANIES OR PROFESSIONALS

For online sales made to holders of VAT numbers (B2B), an electronic invoice is always issued which the customer himself will find in his tax drawer.

ADDITIONS, VARIATIONS OR CANCELLATIONS TO ORDERS MADE

Once the order has been completed, you will receive a confirmation email with a summary of the data entered and the products purchased. If you notice any errors, please let us know immediately by replying to the email received. We remind you that once the order is concluded it will no longer be possible to add further material, your order is in fact immediately received by the system and processed. We therefore invite you before concluding your purchase to check that you have included everything you need. In case you have forgotten to buy some items, it is always necessary to send a new order and if expected to pay for a new transport, Gambacicli will be entitled to reimburse a double shipping cost only if the order and addition have been merged. 

To cancel an UNSHIPPED order, simply contact us promptly via PEC or via e-mail before receiving shipping confirmation. Only in the event that the order has not yet been shipped (order under management) it is possible to request cancellation and the relative refund, there is a management cost of 10 euros which will be deducted from the refund itself to recover the processing costs. (product management and preparation).

PAYMENTS

The order is subject to payment which can be made by means of: Bank transfer, Credit and debit card (Maestro and V-pay), PayPal account or credit card on PayPal with a 2% surcharge, cash on delivery (cash on delivery) ) with a 2% supplement (minimum 5 euros) on the total cost. The details of the payments are visible on the Payments.

SHIPPING COSTS

For deliveries on the Italian territory, the shipping costs are free if the order is over € 99 including VAT or are of a fixed amount starting from € 5.90 for orders below. Delivery costs for smaller islands and outside Italy have different costs and are visible in detail on the Deliveries and Costs. For deliveries outside of Italy the shipping costs are calculated at checkout.

AVAILABILITY OF PRODUCTS

The delivery terms indicated by Gambacicli on the Deliveries and Costs refer to the Products present in its warehouses and, although carefully evaluated, must be understood as non-binding for Gambacicli, which can subsequently confirm or modify them, depending on its actual needs.

The actual availability of the products is always updated in real time, for each order that arrives the relative quantities are deducted so the customer will always see the real availability in the relative product sheet. 

In case there are more options (for example color, size, etc.), select the combination of interest to know the exact availability, first the first option must be selected and then the next. A further verification can be obtained by checking the products on the cart, in case of products to be ordered it is clearly indicated otherwise without indications it means that everything is ready to be shipped.

The products can be:

 

  • AVAILABLE: the product is immediately available in stock and is ready for shipment 
  • TO ORDER 3-5 DAYS: it means that the product is not in stock but it can still be ordered. The average lead time is 3 - 7 working days depending on the brand. If there are any problems on arrival, he will be promptly notified.
  • NOT AVAILABLE: the site does not allow you to order as we would not have an arrival time shortly.

ORDER PROCESSING TIMES

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

DELIVERY OF PRODUCTS

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

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

The existence of any damage or the mismatch in the number of packages must be immediately reported to the courier by means of a specific note on the delivery note. It is understood that in the event of no dispute, the Customer accepts the goods delivered to him. 

The goods travel at the risk of the recipient even if sold carriage paid. The risks deriving from transport are insured. The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, materially comes into 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 this choice has not been proposed by the professional, without prejudice to the consumer's rights towards the carrier.

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

In case of non-collection within 5 working days of the material in storage at the courier's warehouses resulting from 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 will be entirely at his expense (those of return due to storage and those of new shipment). Gambacicli has the right to deliver the Products (even relating to the same order) in several successive deliveries. Special terms and conditions of delivery must be agreed in advance between the Customer and Gambacicli and accepted in writing.

RIGHT OF CONFORMITY

The consumer code (Legislative Decree no. 206/2005) as last amended by Legislative Decree 170/2021 to art. 128-135 provides for the obligation for the seller to guarantee consumers the suitability of the goods purchased for the characteristics and qualities offered. The seller is therefore responsible for any lack of conformity existing at the time of delivery for all products sold in his shop. The lack of conformity exists when the product:

 

  • is not suitable for the use to which it must normally serve;
  • does not conform to the description or does not possess the qualities presented by the seller;
  • it is not suitable for the particular use desired by the consumer, if the latter was incompletely and / or incorrectly informed at the time of purchase from the seller.

Gambacicli asks the buyer, in the event that a lack of conformity is found, to stop using the product and to contact, specifying the problem encountered.

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

Gambacicli informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted 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 resolution procedure for the dispute in which it is involved.

JURISDICTION

Without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Legislative Decree 06/09/2005 No. 206), any dispute in any case connected to these General Conditions governed by Italian law, it will be devolved to the exclusive jurisdiction of the Court of Varese.

RIGHT OF WITHDRAWAL

This right consists in the right to return the purchased goods to the supplier and in the consequent 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 with the simultaneous return of the products within 14 days at our warehouse. The methods for returning a product are specified on the Right of Withdrawal. If the order has not yet been shipped but under management, it is possible to request cancellation and reimbursement by contacting Gambacicli customer service, a management cost of 10 euros is expected (if the request is sent within 48 hours of receiving the order ), this cost covers the costs of packaging and warehouse management of the products ordered.

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 the relative necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law. For any other detailed information, please refer to the Privacy dedicated.

OBLIGATIONS OF THE BUYER

These General Conditions can be updated or modified at any time by Gambacicli simply by publishing them on its own page of the website www.gambacicli.com. The consumer undertakes and undertakes to take note of the conditions of sale every time he makes a purchase. It is strictly forbidden for the purchaser to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy. The Customer indemnifies Gambacicli from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, since the Customer himself is solely responsible for the correct insertion.

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