GENERAL SALES CONDITIONS
These general sale conditions (hereinafter "GSCs") regulate the contract (hereinafter the "CONTRACT") for the sale online of the products (hereinafter the "PRODUCT" or the "PRODUCTS") offered by Valsabbina Commodities spa (hereinafter “Brinke”) - with headquarters in Desenzano Del Garda (BS), in Via Adua, 3 Fiscal code and VAT number 02820220982 – owner of the Brinke brand, through its own Internet site www.Brinkebike.com to users of the SITE.
2. Enforceability and changes to the GSCs
- 2.1 The GSCs are published on the SITE in order to be easily read and known by the CLIENT before purchasing a PRODUCT, accepted prior to sending the purchase order, stored in the memory of his or her own computer and reproduced on paper-based support by printing the file in which they are contained.
- 2.2 The GSCs applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order referring to the PRODUCTS. Therefore, the CLIENT must carry out the operations illustrated above before proceeding with each purchase.
- 2.3. Brinke reserves the right to change these sale conditions without prior notice. The General Conditions in force at the time the sale contract is concluded will be applied to purchase orders made before publication of the above-mentioned changes.
3. Purchasing procedure
- 3.1 The offer for PRODUCTS presented on the SITE is subject to their actual availability.
- 3.2 CLIENTS intending to proceed with the purchase of the PRODUCTS must manifest such an intention through a request made directly on the SITE, following the procedures indicated herein. At the time the order is confirmed, the CLIENT declares that he or she has read and accepted these sale conditions.
- 3.3 In the case of multiple orders, as many contracts as there are ordered PRODUCTS will be understood as stipulated.
4. Conclusion and enforceability of the contract
- 4.1. Once it has received the purchase order, Brinke will send the CLIENT the order receipt, containing a summary of the contents of the information referring to the sale and will proceed with implementing the sale order. Such a confirmation e-mail contains the details of the CLIENT and the order, the price of the purchased goods, transport costs and the delivery address to which the goods will be sent. The CLIENT shall verify the correctness of the data contained in it and notify any corrections immediately. (CHECK THAT THIS IS THE PROCEDURE YOU WILL USE)
- 4.2. BRINKE shall describe and present the articles sold on the side in the best possible way. Nevertheless, some mistakes, inaccuracies or small differences between the site and the actual PRODUCT could occur. The description of the characteristics of the products contained in the brochure put at the disposal of the CLIENT and also any other material, leaflet, publication (including therein divulgation via computerised network) or product offered as part of a promotion, is merely indicative and not binding for Brinke. Also, photographs of products presented on the site www.Brinkebike.com do not constitute a contractual element since they are only representative.
5. Methods of payment
- 5.1. Payment may be made by credit card, the “PayPal” system or credit transfer. Payment with credit/debit card: If paying with a card, the CLIENT’s order will not be managed until the payment transaction has been authorised by the Bank. If the issuer of your credit card refuses to authorise the payment, Brinke will not be responsible for any delay or failure to deliver. Payment with credit transfer: The CLIENT must make the transfer onto the account number subsequently provided by Brinke. Payment with PayPal: PayPal makes it possible to pay directly without having to communicate sensitive data via internet.
- 5.2. Communications regarding the payment and data communicated by the CLIENT at the time this is made take place on special protected lines and with all the guarantees ensured by using the security protocols provided by payment circuits.
- 6.1 All the sale prices of the products proposed on the site www.Brinkebike.com are expressed in Euros and include VAT.
- 6.2. Forwarding costs for the on-line purchase are not included in the purchase price, but are indicated and calculated at the time the purchase process is concluded before payment is made.
- 6.3. BRINKE requests that payment of the full price, including forwarding costs, is made before delivery/execution of the contract. BRINKE will suspend delivery/execution of the contract until the full price is received.
- 6.4. The CLIENT accepts the right of BRINKE 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 of the order and confirmed in the e-mail sent by BRINKE as confirmation of acquisition of the order.
7. Delivery of the products
- 7.1. Brinke shall deliver the PRODUCTS to the address notified by the CLIENT in the purchase order, via the courier appointed to transport them.
- 7.2.Brinke may not be held responsible for errors in delivery due to inaccuracies or incompleteness in filling in the purchase order by the CLIENT. Nor may Brinke be held responsible for any damages that may occur to the PRODUCTS following delivery to the courier appointed to transport them nor for delays in delivery attributable to the latter.
- 7.3 Brinke reserves the right to notify the CLIENT, within 2 days of the purchase at the e-mail address associated to its profile, of any non-availability of one or more of the purchased PRODUCTS. In this case, Brinke shall proceed to reimburse (onto the payment card, Pay Pal account or onto the IBAN code of the CLIENT if the CLIENT has paid via credit transfer) the price and forwarding costs. Only in agreement with the CLIENT and with the consent of the latter, exclusively on the proposal of Brinke, may Brinke send a different PRODUCT from the one ordered, of an equivalent value. Non-availability of one or more of the PRODUCTS shall not, however, entitle the CLIENT to cancel the entire order.
- 7.4. If the ordered goods are delivered outside Italy and countries of the European Union, the client may be subject to customs duties and import taxes, payable once the pack reaches its specified destination. Any additional costs for customs' clearance shall be paid by the client.
- 8.1. For every order made on the site www.Brinkebike.com, Brinke issues an invoice for the material sold. When issuing the invoice the information provided by the CLIENT when the purchase is made will be used. After the invoice has been issued, no change may be made to the data indicated in the same.
9. Rights and obligations of the client
- 9.1 At the time the purchase order is confirmed the CLIENT declares: a) to have read, understood and accepted the GSCs. b) to authorise Brinke to process the personal data communicated at the time of the purchase
- 9.2 Once the purchase procedure on the SITE is concluded, the CLIENT shall proceed with saving an electronic copy and with printing the Contract and the GSCs so as to conserve them.
- 9.3 When the PRODUCTS are delivered to the CLIENT by the courier appointed to transport them, the CLIENT must check, in the presence of the courier: a) that the quantity and type of the ordered PRODUCTS correspond to that indicated in the transport document; b) that the packaging materials used for transport are intact, not damaged, wet or deteriorated in any way, not only with regard to the sealing materials. c) that the quantity and the type of PRODUCTS delivered correspond to that ordered. Any anomalies or discrepancies must be disputed with the courier immediately at the time the PRODUCTS are received, by indicating them in the delivery docket.
- 9.4. For any need of assistance or complaint relating to the purchased PRODUCTS the CLIENT must contact Brinke at the addresses indicated in point 17 below of the GSCs.
10. Legal guarantee in favour of the client/consumer
- 10.1. The legal guarantees provided by articles 129, 130 and 132 of the Consumer Code apply to sales of the products to clients who can be considered consumers (in other words, individuals who purchase the goods for purposes other than a business or professional activity carried out, i.e. CLIENTS who make the purchase without indicating in the order form a VAT reference). In particular, in the event of a conformity fault, the CLIENT therefore has the right to reinstate, without costs, the conformity of the goods through repair or substitution or, if such remedies should fail, to receive an adequate reduction in the price or cancelation of the contract.
- 10.2. Repairs or substitutions shall be made within a fair period of time from the client’s request. Nothing is due from Brinke for the period in which the bicycle is held for carrying out assistance/repair activities.
- 10.3. The rights deriving from the legal guarantee of conformity may be exercised on condition that the PRODUCTS have been used correctly, with the due diligence and in observance of the destination of use and anything prescribed in the attached indications, as well as subject to showing by the CLIENT of the delivery docket received and indication of the order number. The guarantee does not cover normal wear and tear, scratches, abrasions or damages to the external parts of the product. In particular, it does not cover damages caused by: - improper use (failure to observe the instructions contained in the instructions booklet); - falls or impacts, including accidental ones, suffered by the product; - tampering, repairs not made by authorised subjects; - storage in inappropriate places (extreme temperatures or strong humidity, the action of atmospheric agents) – failure to carry out routine maintenance. For requests of such a nature, the client/consumer must contact Brinke through one of the methods mentioned in article 17 below.
- 10.4. The client forfeits such rights if he/she does not report the conformity fault to Brinke within the deadline of two months from the date on which the fault is discovered. The direct action of enforcing the guarantee against faults not deliberately concealed by Brinke expires, in any case, within twenty-four months of delivery of the goods.
- 10.5. If, following the intervention of Brinke, it is seen that the reported fault is not actually a conformity fault as per articles 128 and subsequent articles of Legislative Decree no. 206/2005, the purchaser shall be charged any checking and reinstatement costs as well as transport costs, if incurred by Brinke.
- 10.6. Any other guarantee, such as the conventional guarantee, has a different object, an additional nature and does not impact on the legal guarantee.
11. Conventional guarantee
- 11.1. Notwithstanding the right to the Legal Guarantee which the consumer may enforce against Brinke within the limits provided by the law, Brinke offers consumers a different and further conventional guarantee, the object of which is the electric battery of the bicycle. In particular, in the event of battery faults, the client is entitled to obtain an assistance-repair service or, if the repair is not possible, at the discretion of Brinke, substitution of the battery itself. Within the first year of purchase, Brinke provides such a guarantee free of charge. After this period, such a guarantee can be extended up to 3 years as long as the client is registered on the web site www.Brinkebike.com, from the time the bicycle is purchased. Registration allows the buyer to benefit from a large discount, according to the tables bound on the site, in the event of an intervention by Brinke. The Conventional Guarantee does not replace or limit the Legal Guarantee. The client forfeits such rights if he or she does not report the conformity fault to Brinke within the deadline of two months from the date the fault is discovered. The rights deriving from such a guarantee may be exercised as long as the product has been used correctly, with due diligence and in observance of its intended usage. To exercise the Conventional Guarantee Brinke must be contacted beforehand at the fax number indicated in article 17 below. Costs for transportation and returning the repaired or substituted product must be paid by the client. For any further information, the client/consumer may contact Brinke directly using one of the methods indicated in article 17.
12. Right of withdrawal of the client/consumer
- 12.1 Pursuant to article 64 of Legislative Decree no. 206/2005, if the client is a consumer (i.e. an individual who purchases the goods for purposes other than a business or professional activity carried out, i.e. a client who makes the purchase without indicating in the order form a VAT reference ) he or she has the right to withdraw from the Contract, without any penalty and without specifying the reason for the withdrawal, starting from receipt of the order confirmation sent by Brinke, within and no later than the deadline of ten working days from receipt of the goods at the address indicated for delivery. The date reported on the delivery docket serves as proof of receipt.
- 12.2. Any purchases made by retailers or companies with a VAT number and those made directly to authorised shops are excluded from the right of withdrawal. Also, the right of withdrawal does not apply to the following categories of products: a) if the returned product is not intact or is missing its original packaging, if elements integrating the product (accessories, screws, instruction manual etc.) are missing.) b) if the product is damaged due to causes different from transport. c) the products must not have been used, assembled, disassembled or damaged.
- 12.3. The CLIENT may exercise the right of withdrawal giving prior written communication by fax, to the number indicated in article 17 below.
- 12.4. If the PRODUCT has already been delivered, the CLIENT is obliged to return it to Brinke. To this end: - the deadline for returning the PRODUCT is ten days from receipt of the same; the date on the delivery docket serves as proof of receipt. For the purposes of the expiry of the deadline, the PRODUCT is understood as returned when it is delivered to the accepting post office. – If the PRODUCT has been delivered, the fact that the PRODUCT to be returned is totally intact is the essential condition for exercising the right of withdrawal. – Costs for returning the PRODUCT to Brinke shall be paid by the CLIENT, who must send the PRODUCT properly packed and wrapped; Brinke does not accept used or damaged returned goods, but kept in a normal state of conservation and stored using normal diligence. The CLIENT must include within the packing box a copy of the delivery document.
- 12.5 If the CLIENT exercises the right of withdrawal in compliance with the instructions contained in these GSCs, Brinke shall reimburse the sums paid by the CLIENT onto his/her payment card, Pay Pal account or the client’s IBAN code if the Client has paid via credit transfer, indicated by the same for the purchase.
13. Responsibility of the vendor
- 13.1. Brinke does not assume any responsibility for lack of service attributable to causes of force majeure or fortuitous events, even when caused by malfunctioning or lack of service of the Internet network, if it should fail to executive the order within the times stated by the contract.
14. Utilisation of the site
- 14.1. Brinke does not assume any responsibility concerning problems caused to the CLIENT from using the SITE and the technologies used since they do not depend on its own will, such as, for example: a) errors, delays or impossibility in accessing the SITE by the CLIENT when executing the sale procedure; b) errors, delays or impossibility in receiving, by the CLIENT, communications made by Brinke regarding the sale of the PRODUCTS.
15. Intellectual and industrial ownership rights
- 15.1 Brinke informs that the SITE, and also all the brands and distinctive signs used in relation to the sale of the PRODUCTS, are protected by applicable intellectual and industrial ownership rights and any type of reproduction, communication, distribution, publication, alteration or transformation, into any form and for any reason for doing so, of the contents of the SITE, of the brands and distinctive signs used by Brinke are banned.
16. Protection of personal data
- 16.1. The personal data obtained by Brinke from the client shall be stored and processed in compliance with applicable laws. The data will be collected and filed in observance of those that are the “relevant laws of the State” and only in order to be able to manage your orders better. All personal data will be processed in total confidentiality. Granting of the data is obligatory in order to be able to provide the services and any refusal to provide such data may make it impossible or partially impossible to continue the relationship. The data may be communicated to subject outside the Company, such as collaborators, consultants, representatives, carriers, partners, institutes of credit, or other subjects only if strictly connected to executing the relationship. However, the collected data shall be processed following the principles of correctness, legality, transparency and protection of your confidentiality and rights. The data supplied by you will be processed for the purposes of company business. The data will be processed with computerised instruments and on paper-based supports as well as on any other suitable type of support, in observance of the provisions of the law. Pursuant to art. 7 of Legislative Decree 196/2003 all those who have provided their own data are entitled to know at any time which of their personal data we possess and how they are used, propose an update or an integration of the same, ask for their cancellation, suspension or object to their processing.
- 17.1 For assistance concerning procedures of on-line purchase, for returned goods or for further information about the products, please contact Brinke as follows: : by fax: 030 99147 86 telephone: 0309144848 by registered letter with return receipt to the address: VALSABBINA COMMODITIES S.p.A. Via Adua, 3 - Desenzano del Garda (BS) - 25015 - ITALY
18. Applicable law and jurisdiction
- 18.1.These General Conditions are governed by applicable Italian law. Any civil disputes concerning sale contracts between the Client and Brinke concluded through the Site, if the Client is a consumer, are subject to the final territorial jurisdiction of the judge of the place of residence or domicile of the Client. In all other cases, the Court of Brescia has final territorial jurisdiction.
- 18.2 Any invalidity of individual clauses of the CONTRACT or of the GSCs shall imply the invalidity of the entire CONTRACT or the GSCs.