Terms and Conditions
1.1. These general conditions of sale apply to any purchase of electronic and electric products made through the e-commerce site: WWW.DIYPEDALGEARPARTS.COM by qualified users as "consumers", ie natural persons acting for purposes trade, business or profession.
Site owner is Safe and Sound S.r.l., p.iva 03002040602, Via G. Marconi 1, 03026 Pofi (FR) – Italy, email firstname.lastname@example.org.
1.2. The offer and sale of the products on the site are governed by Legislative Decree. N. 206/2005 (Consumer Code), as amended by Legislative Decree. N. 21/2014 in transposition of Directive 2011/83 / EU, and Legislative Decree. N. 70/2003 containing the regulation of electronic commerce.
1.3. Every purchase is governed by these general terms and conditions in the version that will be published on the site at the time of transmission of the order by the consumer.
2. Characteristics of the products and their availability in different geographical areas.
2.1. The products are sold with the characteristics described on the site when the order by the consumer and according to the general terms and conditions published on the site at the time the order is placed by the Consumer, to the exclusion of any other condition or term.
2.2. The seller reserves the right to change, at any time and without giving prior notice, the products for sale on the site or features of the same.
2.3. The site can be accessed by users from all over the world and the website may contain references to products that are not available or are not available for purchase in the visitor's country.
3. How to purchase products- completion of each purchase contract.
3.1. The purchase of products is possible only after registration and is allowed only to users who hold the quality of consumers provided they have completed eighteen years and have the capacity to act. Registration is free. The user must complete the appropriate form, by entering your name, email address and a password.
3.2. Register on the site allows you to perform the following tasks: a) to monitor the status of orders; b) consult your order history; c) access to after-sales services; d) manage their personal data and make any necessary modifications; e) add or change / card / s of saved credit or cancel the storage / and same / and.
3.3. The consumer guarantees that the personal information provided during the registration process to the site is complete and accurate and you agree to indemnify and hold WWW.DIYPEDALGEARPARTS.COM harmless from any damage, claims for damages and / or penalties arising from and / or in any way connected to violation by the consumer of the rules on the registration site or the conservation of its login credentials.
3.4. In the case of orders that are anomalous in relation to the quantity of products purchased or the frequency of purchases, Pedal Gear DIY Parts reserves the right to take all necessary actions to put an end to irregularities, including the suspension of access to the site, the cancellation of the registration or the non-acceptance or cancellation of illegal orders.
3.5. WWW.DIYPEDALGEARPARTS.COM reserves the right to refuse or cancel orders from a consumer: a) which has a current legal dispute; b) from a consumer who has previously violated these general conditions of sale and / or conditions and / or the terms of the purchase contract; c) from a consumer who has been involved in any type of fraud and, in particular, in fraud related to payments with credit card; d) by consumers has issued a false identity, incomplete or otherwise inaccurate or who have not sent the required documents in a timely manner as part of the payment procedure by credit card or have submitted invalid documents.
3.6. Before buying the products, by sending of the purchase, the consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal. In addition, consumers will be asked to identify and correct any errors of their data.
3.7. The purchase order is accepted by the seller by sending to the consumer, to the email address stated by them at the time of registration to the site, an e-mail confirmation of the order, which will report the link the text of these general conditions of sale, the order summary and carried out the description of the product features.
3.8. Each product sale agreement is concluded when the consumer receives the confirmation of the order by e-mail the seller.
4. Procedure for selection and purchase of the products
4.1. The products presented on the site can be purchased only through the purchase process stated therein, therefore, are not considered valid or accepted attempts to purchase and / or reservation made by e-mail, fax or other means. This procedure provides for the selection of products of interest to the consumer with their integration into the virtual shopping cart.
4.2. To carry out the purchase of the products selected and placed in the cart, the consumer will be asked to provide their data in order to complete the order and enable the completion of the contract.
4.3. The consumer will display a summary of the order to be executed, which may modify the content: so, after careful reading, it must expressly approve the present general sales conditions, and finally, he will be asked to confirm your order, it will be so permanently sent to the seller.
4.4. The consumer will also be asked to choose the method of delivery and payment method among those available. The payment of the price of the products purchased through the site must be made within deadline of 10 (ten) days from the date of transmission of the order confirmation by the seller to the consumer.
4.5. The consumer expressly agrees that the execution of the contract by the seller will begin at the accreditation of the price of the / product / s purchased / s on the current account of the seller.
4.6. If the consumer decides to make immediate payment (simultaneous acquisition) by credit card, PayPal or immediate bank transfer, it will be required to disclose their relevant data via secure connection. If payment is made by credit card, the purchase amount will be debited only at the time of transmission of the order confirmation by the seller to the consumer.
4.7. In order to ensure the security of payments made on the site and to prevent any fraud, the consumer will be required to send, by e-mail, a copy of the front / back of your ID card and, in the event that the holder of ' order is different by the subscriber of paper, a copy of the identity card of the latter. The document must be valid. The term will be specified in the e-mail request within which the document is to arrive. This deadline will not be, in any case, more than 5 working days from receipt of the request by the consumer. Pending the requested document, the order will be suspended. The consumer is responsible for sending the documents required within the time specified.
4.8. The seller will send promptly to the consumer, via e-mail to the address stated by the same electronic format at the time of registration to the site, the purchase invoice run if the products purchased are intended to be delivered in Italian territory, or attached in paper format to the purchased products, in all other cases.
4.9. In the event that the seller does not receive these documents within the period specified in the e-mail request or receive expired or invalid documents, the contract will be terminated as of right pursuant to and by effect of art. 1456 cc, and the order will be subsequently deleted, unless the seller's right to take action to ensure compensation for any damage which may be incurred due to the non-compliant behavior of the consumer. The termination of the contract, of which the consumer will be notified by e-mail, no later than 5 working days from the deadline for submission of the required documents will result in the cancellation of the order resulting in repayment of the total amount due, if paid. In case of a timely receipt by the seller of the valid documentation required, delivery times applicable to the product shall commence from the date of receipt of such documentation.
5.1 All prices published on the site are in Euros and are inclusive of VAT. The seller reserves the right to change product prices at any time and also, if necessary, several times during the same day. It is understood that the price of the product that will be charged to the consumer will be the one indicated on the site at the time of execution of the order and does not take account of any changes (increase or decrease) after the transmission of the same.
5.2. In the event that a product is offered at a discounted price, the site full reference price will be indicated with respect to which the rebate is calculated.
6. Supply of goods and acceptance.
6.1. The product deliveries are made worldwide.
6.2. Generally, the site indicates the availability of products and the delivery of the same, however, such information, are purely indicative and not binding on the seller. The latter reserves the right to accept or not the order received by the consumer, depending on the actual availability of products, regardless of any indication contained in that regard in the site, without the consumer can make claims or rights whatsoever in any capacity, including compensation, in case of rejection, total or partial, by the seller.
6.3 The seller agrees to make delivery at a maximum of 30 (thirty) days from the date of payment of the price to the consumer, except in cases where the products are not available in the warehouses of the seller.
6.4. If a product ordered by a consumer is not available for delivery despite the confirmation of the order, the seller will immediately inform the consumer of the non-availability of the product and, within three (3) days of such communication, the consumer will be required to disclose to seller whether it will:
a) Obtain a refund of the price already paid;
b) Wait for the products become available.
In the latter case, the delivery will be carried out within 30 (thirty) days from the date on which the products are actually available.
6.5. The shipment of the ordered products will be in the mode selected by the consumer, among those available and indicated on the website when the order. The consumer agrees to check without delay, and in any event no later than 3 (three) days from receipt of goods, the delivery is correct and includes all and only the products purchased and to inform within this period the seller of any defects in the products received or their deviations from the order placed. If the package or the package of products ordered by the consumer were to arrive at the destination visibly damaged, the consumer is encouraged to refuse delivery by the carrier / freight forwarder or take delivery of "conditional".
6.6. Once the deadline referred to in par. 6.5 without the consumer having made complaints against the carrier / shipper, the delivered products shall be deemed definitively accepted.
6.7. At the time of shipment will be sent to the consumer an e-mail confirmation of delivery to the carrier which will also be content, if permitted by the shipping method selected, the link containing the tracking number through which you can check the status of shipment.
6.8. The delivery is free of charge and, except as otherwise provided, the delivery costs are borne by the consumer. The amount of delivery charges payable by the consumer in relation to a specific order is expressly and separately indicated (in Euro, including VAT) during the purchase process, the summary of the order and, in any case, before the consumer arranging for the transmission of the order. In case of partial withdrawal of multiple orders, the amount of delivery costs to be refunded to the consumer will be equivalent to delivery costs that the consumer would have paid for the individual product subject to partial withdrawal. In no event shall the amount of the delivery costs to be paid exceed the amount of expenditure actually paid by the consumer for delivery.
6.9. In summary and, therefore, before the consumer proceeds to the transmission of the same, the total price of the order, with a separate indication of delivery charges and any other possible additional spending it will be shown. This total, which will be indicated to the consumer even in the email order confirmation, constitute the total amount due in relation to the products.
6.10. The delivery of the products purchased on the website can only be made to the postal address specified in the order form.
6.11. The consumer acknowledges that the withdrawal of the product is a precise requirement. In case of non-delivery to the addressee is absent, the courier will leave a notice to document the delivery attempt (SO-CALLED notice of passage). The notice will also contain the contact details with which the consumer can contact him to arrange the return or carry out the withdrawal of the package. After the delivery attempt went in vain, the package will go into storage at the courier. The user is required to collect the parcel within 3 days of commencing from the second calendar day following the date on which it was left for transit advice. In the event that the consumer withdraws the product within this period, the purchase contract will be terminated as of right, pursuant to and for the purposes of Art. 1456 cc and the seller will then proceed, within 15 days following the termination of the contract, to reimburse the total amount owed, if already paid by the consumer, minus the cost of delivery is not successful, the costs of storage, the cost of returning to the seller and any other expenses you may have incurred due to non-delivery due to the absence of the recipient. The termination of the contract and the refund amount will be communicated to the consumer by e-mail. In case of payment by credit card or PayPal, this amount will be credited on the same means of payment used by the customer for purchase. Any delay in may depend on the bank, the type of credit card or payment solution used. In other cases, the seller will ask the consumer to provide, by e-mail, the bank needed to carry out the refund.
6.12. Cannot make purchases on the site, those who have not accepted your delivery for more than two times for different orders. In the event that such persons carry out orders in violation of this provision, the purchase contract will be considered terminated as of right pursuant to and for the purposes of Art. 1456 cc the termination of the contract will be communicated to the consumer by e-mail.
7. Right of withdrawal.
7.1. The consumer is granted the right to terminate any contract entered into pursuant to these general conditions of sale, without penalty, within 14 days (fourteen) since it was delivered the product or, in the case of buying more products delivered separately with a single order, it was delivered the last product.
7.2. To exercise the right of withdrawal, the consumer must inform the seller before the expiration of the term referred to in the previous paragraph of its decision by sending an explicit statement to the e-mail email@example.com using the following model withdrawal form: The / undersigned / i communicates / no hereby rescind the contract Date of conclusion of contract (*) Name of the consumer / consumers (***)
Address of the consumer / consumers (***) Signature of the consumer / consumer (only if this form is notified on paper) (***) Date (***).
7.3. Following the provisions of the preceding paragraph, the consumer will receive a confirmation email for the exercise of withdrawal containing the Return code. No later than the following 14 days, the consumer will have to write down the code in the previous point made on the form and return the products to the seller together with the withdrawal form suitably drawn and complete with the Return Code, making them arrive at: Safe and Sound S.r.l., Via G. Marconi 1, 03026 Pofi (FR) – Italy.
7.4. If the consumer has received the product, you must return it to the seller without undue delay and in any event within 14 days from the day on which you communicate your withdrawal. The deadline is met if you send the goods before the expiration of the 14 day period. The risks and the direct costs of returning the goods will be borne by the consumer.
7.5. The consumer will be refunded the payments received, including the cost of delivery, without undue delay and in any event no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the customer for the initial transaction, unless the same does not require repayment of different means of payment, in which case will be borne any additional costs arising from the different means of payment. The redemption may be suspended until receipt of the goods or until the system demonstration by the consumer of having sent back the goods, whichever is earlier.
7.6. The consumer is liable for any diminished value of the goods resulting from a different handling than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (eg with signs of wear, abrasion, scratch, scratches, deformation, etc.), Not complete with all parts and accessories (including labels and tags intact and attached to the product) not accompanied by the instructions / notes / manuals, with the packaging and the original packaging and certificate of guarantee, if any, the consumer will respond to the decrease of the asset value of the asset, and will be entitled to a refund of the amount equal to the residual value of the product . To this end, therefore, the consumer is invited not to manipulate the well beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and the original wrappings of products with another protective packaging that preserves the integrity and protect it during transport even from writing or labels.
8. Legal Compliance seller, defect reporting compliance and warranty repair warranty.
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and Legislative Decree n. 206/2005 (Consumer Code), the seller guarantees the consumer that the products will be free from defects in design and materials and conform to the descriptions published on the website for a period of 2 (two) years from the date of delivery to the consumer. It excludes the application of any guarantee in case of improper use or maintenance does not comply with its product and the instructions / warnings in the documentation reference Illustrative, the tags or labels.
8.2. There is a lack of conformity, when the purchased goods:
a) it is not suitable for the purposes for which goods of the same type are normally used;
b) does not comply with the description given by the seller and does not possess the qualities of goods which the seller has held out to the consumer as a sample or model;
c) does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or labeling;
d) is not particularly suited to the use which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
8.3. The consumer will have the responsibility to review the products in the shortest possible time and, subject to forfeiture under this warranty, report any defects and non-compliance, no later than 2 (two) months from the discovery, by e -mail with indication of the defect and / or the non-compliances identified, as well as of at least n. 1 (a) photograph of the product, the order confirmation sent by the seller and the receipt.
8.4. In case the products are effectively defective or non-compliant, the consumer can have: - in the primary, the free repair or replacement, at its option, unless the remedy requested is impossible or disproportionate to 'other;
- Secondarily (ie in cases where repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made have caused significant inconvenience to the consumer) to the reduction the price or the termination of the contract, at his choice. The remedy requested is overly burdensome if it imposes costs on the seller unreasonable in comparison to alternative remedies that may be exercised, taking into account: the value the goods would have if there were no lack of conformity; significance of the lack of conformity; whether the alternative remedy could be completed without significant inconvenience to the consumer.
8.5. If the seller must refund to the consumer the price paid, the refund will be by bank transfer or, where possible, by the same means of payment used by the consumer at the time of purchase. Will burden the consumer tell the seller, always via e-mail the bank details to make the transfer in his favor, and to ensure that the vendor is put in a position to return the amount due.
8.6. As for any damage caused by defects in the products, the provisions laid down in European Directive 85/374 / EEC and Italian Legislative Decree n. 206/2005 (Consumer Code). The seller, in the quality distributor of the products through the site, is free from any responsibility, none excluded and / or excepted, indicating the name of the related producer of the product.
9. Customer service and complaints.
And 'possible to ask questions, send information or make complaints by calling the following numbers:
e- mail: firstname.lastname@example.org
Through the site by going to the "Contacts" section: http://www.diypedalgearparts.com
The seller will respond to complaints within a maximum period of ten days from receipt of the same.
10. Consumer information and protection of privacy.
10.1. In order to register, and then the order is the conclusion of the purchase contract, you are requested through the website some personal information to the consumer that will be recorded and used by the seller in accordance with and subject to rules laid down in European Regulation n. 2016/679 (access our privacy police here), to give effect to this Agreement and, subject to your consent, for any additional tasks as indicated in the specific privacy statement provided to the customer through the site at the time of registration.
10.2. The consumer represents and warrants that the data provided to the Seller during the registration process are true and correct.
10.3. The consumer may at any time to update and / or modify your personal data provided to the seller through the appropriate section of the site "My Account" accessible after authentication.
10.4. Although the seller to adopt measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, on account of the characteristics and technical limitations related to the protection of electronic communication over the Internet, the seller cannot guarantee that any information or data displayed by the consumer on the site, even after the consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
11. Force Majeure.
The seller shall not be liable in case of total or partial non-performance of the liabilities incurred arising from any contract entered into pursuant to these general conditions of sale, if such failure is caused by unforeseeable events and / or natural events beyond its reasonable control, including, by way of example only, catastrophic natural events, acts of terrorism, wars, riots, lack of electricity, the general strike of the public and / or private workers, strike and / or restrictions on the viability of the couriers and air links.
12. Governing Law.
12.1. The purchase contract concluded on the site is governed by Italian law subject to the application, to consumer users who do not have their habitual residence in Italy, the provisions would be more favorable and mandatory provided by law of the country in which they reside, in particular, in relation to the deadline for exercising the right of withdrawal, the deadline for the return of products, in case of exercise of this right, the procedures and formalities of communication thereof and in the legal guarantee of conformity.
12.2. Please remember that any dispute relating to the application, implementation and interpretation of these general conditions of sale, the competent local forum where the seller has its registered office.
12.3. Consumers residing in a Member State other than the European Union from Italy, may also have access to any dispute concerning the application, implementation and interpretation of these Terms of Sale, the European procedure established for small claims, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eurlex. europa.eu.
The parties may not assign or transfer to third parties the rights and obligations arising from these general conditions of sale, without the prior written consent of the other party.
14. Validity of the clauses
14.1. The headings of the clauses used are purely indicative and have no effect on the identification of the content and interpretation of this contract.
14.2. These general conditions of sale shall affect the rights conferred by Italian law to the consumer.
14.3. In the event that any provision or part of any provision of these Terms is held to be invalid because it is inconsistent or contrary to a rule of law, all other provisions of this agreement or parts of the same clause will remain in full force and effect.