Legal guarantee in favour of the client/consumer

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.

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.

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.

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.

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.
Any other guarantee, such as the conventional guarantee, has a different object, an additional nature and does not impact on the legal guarantee.

Conventional guarantee

Notwithstanding the right to the Legal Guarantee which the consumer may enforce against Brinke within the limits provided by the law, for purchases made since 1 September 2016 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 2 years as long as the client is registered on the web site www.Brinkebike.com, from the time the bicycle is purchased. 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 +39 030 9144848. 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 contact details in our web page www.brinkebike.com