Italtrike.com - Condizioni di vendita
  1. Subject

Present terms and conditions concerning use and sale shall apply to users who purchase products through the Website www.italtrike.com  with E-commerce functionality (thereof called “Site”).

The Site belongs to Italtrike Srl, located in Via Piovega 49 – 31017  Paderno del Grappa (TV), Italia. Italtrike Srl is the owner of the trademark , the registration rights, the patents and products, and the design of the products listed on the Site.  With exception of those products which are commercialized under the Brand of ‘Foundations’ and ‘Scoot and Ride’.

Whatever customer’s communication related and /or connected to the purchase of the products – therein included eventual claims, requests concerning the purchase and/or the delivery of the products, the right to withdraw, ect  - shall be sent to the Vendor to the addresses and according to the instructions given on the Site, through the online Contact - Form or via Email addressed to: info@italtrike.com

Every purchase is regulated by the general selling conditions in the version published on the Site during the transmission of the order by the Client.

The Site is dedicated to Presentation and Sales in Retail.   

With the transmission of the purchase order, the Client accepts that the confirmation of information related to the order and the present general selling conditions shall be sent via e-mail to the same address submitted during the on Site registration or the purchase process. 

To be able to effect purchases through the Site, the Client must be of legal age (18 years ) or older with the ability to act, that the Client declares to possess with the transmission of the order.

The Client shall exclusively bear the expenses of its Internet Connection to the Site, including telephone fees, according to the rates applied by the operator selected by the Client himself.

 

  1. Characteristics  of the products and their availability in different geographical areas

Products are sold according to the features described on the Site and according to the general terms and conditions, published on the website at the time of purchase order transmission, with exclusion of any other term and condition.

Vendor reserves the right to modify actual terms and conditions at any time, at its own discretion, without any prior notice to Site users.

Any change to these Terms and Conditions shall be effective from the date of on Site publishing and shall apply uniquely to the sales made from this date onwards.

The prices, the products on Sale on the Site and/or the features of the same, are subject to variations without notice. Before sending Purchase Order, as per following Article 3, the Client is invited to verify the final selling price.

Users from all over the World shall be able to access our Site. However, available products shall be purchasable only by customers requesting delivery in Italy and into Countries of the European Union - EU.

Vendor reserves the right to modify and improve any product promoted through this Site, without any obligation to modify items which have been already sold. 

 

  1. Means of Purchase – Finalizing each single purchase contract

 

The presentation of the products on the Site, not binding for the Vendor, does represent a mere simple invitation towards a Client to formulate a purchase order proposal and is not intended as an offer to the public.    

The purchase order submitted to the Vendor by the Client through the Site, has the value of a contractual proposal and is regulated by present selling terms and conditions, which constitute integral part of the order itself and which the Client, through the submission to Vendor, does accept entirely and unreservedly.

Client’s purchase order is accepted by the Vendor through an Order confirmation email that shall be sent to the Client’s Email address submitted during registration process to the Site. This email shall summarize the order and the description of the ordered products. The Customer’s Order, Vendor’s Confirmation and General Terms and Conditions applicable to all parties shall be archived electronically by the Vendor in its own ITC System and Client might request copy of it through the Site’s contact form.   Each purchase contract, except as otherwise specified thereafter, shall be intended concluded after the Client receives Vendor’s order confirmation via electronic mail, and the moment Vendor will have received the payment of sold items, shipping charges and any other amount due by the Client as mentioned in following Art. 6 and 7.

 

  1. Selection Procedure and Product Purchase

 

The products presented on the Site will be purchased through the selection of the products according to Client’s interest and inserted into the virtual shopping cart. Once product selection has been completed, the Client shall (i) register to the Site, providing details required, or (ii) access through Login, in the event the Client is already registered or (iii) to provide own details so to complete the order and allow contract’s finalization. Should the details given for the Order differ from those provided during the on Site registration, the Client will be required to confirm proper details ( for instance but in non-exhaustive manner:  name, surname, etc. ), as well as the address where to deliver the selected products, the billing address, a telephone number where to contact the Client for communications related to the purchase.  The Client shall then visualize Order’s summary and modify its content, if necessary. Therefore the Client, after attentive review, will have to explicitly approve present General Selling Conditions, by clicking the specific ‘check box’ on the Site, and through the “Complete Purchase” key button, shall be required to confirm the order, which will then definitively be sent to Vendor and shall produce the effects described in Article 3 of this agreement. If the payment is executed through Credit Card or Paypal, the purchase amount shall be debited exclusively the moment the order confirmation has been transmitted from Vendor to Client. All details related to the payment shall be acquired uniquely by the relevant payment operator and will not be treated by the Holder.

 

  1. Merchandise Delivery and Acceptance

 

The Site indicates the availability of the Products and the indicative time for their delivery. However, those information shall be considered as purely indicative and not binding by the Vendor. The Vendor shall do its best and commit to respect delivery time indicated on the Site, and in any case, to deliver maximum within 30 (thirty) days from the day after Vendor’s order acceptance and Vendor’s collection of due amount, delivery charges and any other amount due by the Client. In case of non-fulfillment of the order by the Vendor, due to product unavailability, even temporarily, the Vendor shall notify the Client in writing and refund paid amounts to the Client.       

Deliveries shall be made to the address given by the user and take place during normal working hours and according to modalities specified on order summary. Upon delivery, the Customer shall verify the content and specify in the Delivery Note possible anomalies in the consignment.   

In case of failure to collect within the transporter’s delivery notice, the products shall be returned to the Holder, which shall refund the price of the items, but not the transportation charges. The Holder shall not bear any responsibility for mistaken deliveries due to inaccurate or incomplete Purchase order details filed by the Client, nor for damages occurred after carrier’s consignment  and for delivery delays imputable to the latter.

 

  1. Prices, Delivery Charges, Duties and Taxes

 

The prices of the products are indicated simultaneously, at the same time as the Order is submitted through the Site by the Client.      

The prices do include standard packing charges, and where mentioned on the Site, inclusive of V.A.T. (if applicable) and other indirect taxes (if applicable) and/or duties, whereas they do not include shipping charges, which will be quantified when order confirmation shall be transmitted by Vendor to Client. The same Client shall remit those charges in addition to the price mentioned on the Site, which shall in any case be indicated before completing the purchase. The Client shall pay the Vendor the total price, the delivery costs and any other amount due as indicated on the Order Confirmation sent via E-mail from the Vendor to the Client.    

 

  1. Payments

 

The value of the products purchased through the Site, the shipping fees and any other due amount, shall be paid within 10 (ten) days from the order confirmation transmission by the Vendor to the Client. The Client explicitly accepts that the contract shall be executable as soon as the value of purchased items, the delivery charges and any other due amount will be credited on Vendor’s current bank account, particularly since  the contract cannot be intended as concluded without aforementioned proceeds collection. It is intended that, if 10 (ten) days time limit has past, the Vendor may decide to not execute the contract and refund received payment: in such case the contract shall be terminated without any other obligation on either side.       

 

  1. Vendor Legal Compliance Warranty, Conformity Complaints  and Warranty Intervention

 

As per effects of the EU Directive 44/99/CE and of Italian D.L. n. 206/2005 (Consumers Code), the Vendor ensures that the products shall be without flaws in design, production and material and also in conformity with all descriptions published on the Site, for the period of 2 (two) years from product’s delivery date to the Client. Guarantee shall not be included in case the product is used not in conformity of the product itself and not in compliance with the instructions and warnings mentioned by Vendor and/or Holder on labels or mentioned on related illustrated documentation.

Warranty shall not be applicable in the event of loss of product parts, with exception in case parts have not been included in the packaging.         

 

  1. Responsibility for damage from defective products

With reference to potential damages occurring due to defective products, rules of EU European Directive n. 85/374/CEE and Italian D.L. n. 206/2005 (Consumer Code) shall apply.   

 

  1. Right to withdraw – Conditions

 

Notwithstanding all conditions mentioned above, the Client has the right to withdraw from any contract finalized under present terms and conditions, without penalty, within 14 (fourteen) days from the actual day of delivery or in case of multiple purchase, dispatched separately, shall count the date of the last product delivered. In order to exercise Withdrawal Rights the Client shall inform the Vendor, before the expiry of the aforementioned time limit of 14 days, by contacting Customer Service under this email address:  info@italtrike.com . The Client shall then receive an email to confirm contract withdrawal, along with the consignment note to attach to the parcel, and the instruction on how to send the product back, to be transmitted within 14 days.

All direct charges related to products returned to Vendor shall be on Client’s account.

If the Client withdraws from the purchase contract, the refund shall be related only to the value of the goods and made without delay and in any case not later than 14 (fourteen) days from withdrawal date. Said refund shall be done using the same payment channel used by the Client for the initial purchase, unless the Client specifically requests the refund to be made with a different payment instrument. In this case the client shall bear any additional charges deriving from the use of a different payment method. Refund can be kept on hold until full receipt of the returned merchandise.  Products which have been used, even partially or damaged, shall not be replaced nor refunded. The Client shall also attach the Delivery Note of the first consignment received.

The withdrawal right shall not apply to: products made on demand and/or clearly personalized, or that due to their nature, are rapidly perishable, are sealed and are not suitable for exchange due to hygienic reasons being related to health safeguard or have been opened after receipt.

 

  1. Intellectual Property 

 

The Client declares to be informed  that all trademarks, names, as well as each and every distinctive sign, denomination, image, picture, text or graphic utilized on this Site or related to the products are and shall remain of exclusive property of Italtrike Srl. and/or of its beneficiaries concerned or successors in title and that the Client shall not acquire any rights on the same by just accessing the Site or purchasing some products.

The content of the Site cannot be reproduced, not fully nor partially, nor transferred with electronic or conventional means, nor modified, nor utilized by any means without prior written consent of Italtrike Srl.        

 

  1. User Details and Privacy Protection

In order to proceed with Registration, Order Submission and Finalization of actual contract some user’s details are required through the Site. The Client acknowledges that all personal data provided shall be registered and utilized by Italtrike Srl., in conformity and in respect of regulatory  Italian Law D.Lgs. 196/2003 Privacy Code and latest EU - GDPR 2016/679 General Data Protection Regulation and ultimate Italian D.Lgs. 101/2018, in order to give effect to every purchase executed on the Site and, prior his consent, for other possible activities as described on the Privacy Policy accepted through the registration to this Site.   

The Client declares and grants that the details provided to the Vendor during the registration process are correct and truthful.

The Client and/or User shall at any point of time update and/or modify his own personal data provided to the Vendor during the registration process through the Site section ‘Account’, accessible after authentication or by request under email address: info@italtrike.com

 

  1. Applicable Law, Litigation and Place of Jurisdiction

 

Every sales contract finalized between Vendor and Consumers in accordance with present sales terms and conditions shall be disciplined and interpreted in conformity of the Italian Legislation and in particular as per directive D.L. 6. September 2005 n. 206, Consumer Code, with specific reference to the rules in terms of contracts made on distance, and the D.L. 9. April 2003 n. 70 on certain aspects concerning E-Commerce.

In case of controversy between Vendor and Client, which finds no suitable resolution between the parties, namely any attempt or effort should result unsuccessful, the dispute shall be submitted exclusively to the competent Court of Treviso, except in the case this provision is not applicable.