General Sale Conditions
www.ciclotte.com is a site operated by Multi-Design S.r.l. We are registered in Italy under company number BG-446159, VAT Registration Number: 04228780161 and with our registered office at Via Antonio Locatelli 31, 24121 Bergamo (BG). This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.ciclotte.com (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
For the interpretation of these General Sale Conditions the following terms have the following meaning:
- Seller: Multi-Design S.r.l.;
- Consumer/User: any user of www.ciclotte.com or buyer of its Products;
- Parties: the Seller and the Consumer jointly considered;
- Product/s: goods/products identified in the products pages, subject of Sale Agreements between the Parties;
- Price Quotation/Order/s: the form with which the Consumer asks for a Price Quotation and the following Order of the Products;
- Sales Agreement: any Agreement or following document/amendment between the Seller and rhe Consumer related to the Price Quotation or Order;
- General Conditions: these General Sale Conditions.
- Specific Conditions: any additional instruction added to the Price Quotation/Order/Sales Agreement.
2. General Sale Condition Application
These General Conditions apply to every Sales Agreement related to the Seller’s Products for which the supplier is the Seller and/or its subsidiaries and/or affiliates.
No amendment to these General Conditions shall be legally binding and valid between the Parties, unless a duly authorised representative of the Seller gives his prior written and signed approval.
Every Product purchased on www.ciclotte.com is sold directly by the Seller.
The Seller sales its Products on www.ciclotte.com and conducts its e-commerce business exclusively for Consumers qualified as end users. The Seller invites the connected User, if he has no intention of buying, to refrain from concluding commercial transactions on www.ciclotte.com, and reserves the right not to carry out orders from Parties other than the Consumer or in any case orders that do not comply with its commercial policy.
Each Consumer’s Order, once accepted by the Seller, is subject to any possible Specific Conditions contained in the Order, in the Sales Agreement or in the General Conditions, which replace and prevail over any previous and/or conflicting General Conditions of Sale.
By placing an Order on the Platform, the Consumer guarantees to be of legal age, to possess the necessary legal capacity and to be legally authorized to conclude Sales Agreements.
By confirming the Order, the Consumer declares to have read, understood and accepted all these General Sale Conditions. The Seller will send the acceptance of the Order to the Consumer by email, to the e-mail address that the Consumer had provided during the purchase procedure on the Platform, it being understood that the above-mentioned means of communication has been expressly accepted by the Consumer for the exchange of information relevant to the conclusion and execution of the Sales Agreement.
The description and all the technical data of the Products, in force at the acceptance of the Order by the Seller, are indicated in the technical data sheet of the Product on the Platform www.ciclotte.com. The images and colours of the products offered for sale on www.ciclotte.com may, however, not correspond to the real ones due to the effect of the Internet browser and/or the monitor used.
4. How to Execute a Contract with Multi-Design
To place an Order for the purchase of one or more Products on www.ciclotte.com, the Consumer must fill out the online Price Quotation form and send it electronically to the Seller, following the relevant instructions. Then the Consumer must accept the Seller’s offer and confirm the Order via email. Before submitting the Order, the Consumer will be asked to identify and correct possible input errors.
The Price Quotation form contains a link to these General Conditions, and also contains information on the main characteristics of the Product selected. The Seller’s answer will contain information on the main characteristics of the Product selected and the related unit price (including all applicable fees and taxes if requested), the type of payment that the Consumer may use in order to purchase each Product, shipping terms for the purchased Products, shipping and delivery costs if requested, and references to the terms and conditions for returning purchased Products.
An order shall be deemed submitted when the Seller receives from the Consumer the Order electronically, and the Order’s information has been verified as correct. Upon submission of an Order form, the Seller shall send the Consumer a purchase order receipt via e-mail, containing a summary of the information related to the Order form (General Conditions, the Products’ main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
The Order form will be filed in the Seller’s data base for the time required to process the Order and as provided by law.
The Seller may not process purchases when there are not sufficient guarantees of solvency, when Orders are incomplete or incorrect, or the Products are no longer available. In the above cases, the Seller will inform the Consumer by e-mail that the contract has not been executed and that the Seller has not carried out the Consumer’s purchase Order specifying the reasons thereof.
Each Consumer’s Order is irrevocable, in accordance to the art. 1329 of the Italian Civil Code, for a period of 90 days from the date of receipt of the Order by the Seller. In accordance to the art. 1326 and 1352 of the Italian Civil Code, the contract shall be deemed to have been stipulated in Bergamo (BG), only after the express and written acceptance by the Seller of the Order has been delivered to the Consumer. The acceptance shall be considered automatically refused if the Seller does not intervene within the above-mentioned term or if the Seller does not execute, even partially, the Order.
5. Shipping and Delivery
The Products will be delivered “ex works” (Incoterms 2000, Paris 2000) to the Consumer’s premises. All costs of loading/shipping/transportation shall be at the exclusive expense of the Consumer, including costs and expenses for any insurance, duties, customs fees and any other similar costs and expenses of the Products.
If not expressly listed in the Order confirmation, upon arrival in the Consumer Country, the contents of the Order may be subject to Customs fees (taxes, duties, processing fees, brokerage fees, etc.), which are responsibility of the Customer receiving the Order. These fees are not under the Seller’s control. For this reason, the Seller recommends the Consumer to verify with his local customs office before placing any Order. The Seller is unable to estimate customs fees, taxes, duties, etc., so that the Consumer has to kindly contact the local authorities or customs office for detailed information.
The Products prices do NOT include customs fees, import taxes, brokerage fees, or duties, etc…
Any expected date of dispatch/delivery of the Products specified by the Seller shall be considered approximate and not essential or mandatory for the Seller. The Seller shall not be considered responsible for delays or non-deliveries due to force majeure or unforeseeable circumstances. In the event that no delivery terms are set, delivery must take place within a reasonable period.
If the Consumer is aware of the impossibility of taking delivery or collecting the Products, he will have to inform the Seller of the respective reasons and of a reasonable period within which the delivery of the Products can be taken over or taken back.
The Consumer can request the change of the delivery date provided in the Order confirmation within and not later than the week prior to the expected delivery date. The Consumer can request the change of the delivery date provided in the Order confirmation within and not later than the week prior to the expected delivery date. If the request to postpone the delivery date is communicated to the Seller after the deadline, the Consumer will have to reimburse any transport costs already paid by the Seller and, at the Seller’s discretion, an amount equal to 2% of the value of the Order for each week of postponement of the delivery date, as a reimbursement of storage costs, except for damages.
Should the Consumer refuse his order at the time of arrival or should the Consumer refuse to pay the customs fees when his Order arrives, the shipment will be returned to the Seller and the Consumer will be charged the customs fees plus return shipping costs. If the Consumer receives the Order and accepts to pay the customs fees upon delivey, the Seller will not issue refunds for the same in case of return of the purchased Products.
Customs processing may delay the delivery of the Order. Should the Consumer experience such delays, he can check with his local customs offices. The invoice for the customs fees could arrive weeks after the Consumer receives the Order, separately from the same.
Products are packaged according to commercial uses.
If a specific or different packaging from the one used by the Seller is requested, the Consumer will be charged for the respective additional costs.
The payment must be done by bank transfer, in a single payment, prior to the date of delivery.
Invoices will be issued by the Seller according to the procedures indicated in the Order confirmation.
The Seller, without prejudice to its right to take any action to protect its rights and interests, will have the right to suspend and/or not carry out deliveries of the Products ordered until the Consumer has paid all due amounts. In case of suspension, the delivery terms will be postponed for a period equal to the period of suspension and the Seller will have the right to modify the quantities of the Products indicated in the Order. The Seller will also have the right to immediately dissolve the Sales Agreement stipulated with the Consumer, without notice and/or default of the same, by sending a simple written communication to the Consumer. In this case, the Seller will have the right to dispose of the Product itself, the Consumer will have to pay the Seller as a penalty for “liquidated damages” in accordance to the art. 1382, and the Seller will also have the right to compensation for additional damages for an amount equal to 30% (thirty percent) of the value of the Order. In any case, the Seller will have the right to demand the fulfilment of the Sales Agreement, without prejudice to the Seller’s right to demand compensation for damages.
The prices of the Products are those indicated in the reply to the Price Quotation sent by the Seller.
Prices will be net prices, net of taxes, duties and charges which may be imposed at the time of customs clearance and which shall be paid exclusively by the Consumer.
The Seller warrants the Products for 12 (twelve) months from delivery if not otherwise required by local national laws. Since some of the Products are made of carbon, any slight irregularity in the weft of the carbon fibre should not be considered a defect, but proof of the uniqueness of the Product.
The warranty is excluded if the defect is due to the non-observance by the Consumer, or the end user, of the instructions provided by the Seller for the correct maintenance and care of the Products, and in any case in compliance with its peculiarities. For example, the warranty does not cover damage due to the use of inadequate cleaning products or other than those suggested by the Seller, exposure to heat or sun lamps, stains caused by acids, solvents, dyes, corrosive chemicals, ink, paints, damage caused by pets, burns, etc..
The Products are manufactured in accordance with European product safety standards. The Consumer will be considered the only and exclusive responsible for the lack of information on the safety and/or public health and/or consumer protection regulations in force in the country in which the Products are sold and/or used. The ancillary costs related to the conformity of the Products with all the above standards, as well as the costs related to any certification required by that country, will be at the exclusive expense of the Consumer.
The Consumer is required to check immediately (i.e. on the same day of delivery) the quantity and quality of the Products, as well as the absence of defects.
Any claims related to the quantity/quality/defects/damage/non-conformity of the Products must be communicated to Multi-Design S.r.l. at the number +39 035 233350 or by sending an email to [email protected] or by sending a registered letter with advice of receipt to Via Antonio Locatelli 31, 24121 Bergamo (BG) Italy, within and not later than 10 (ten) days from the date of the delivery of the Products to the Consumer.
Claims must contain a description of the object, the reasons on which they are based and, in case of damage, a photograph of it.
The Seller will conduct a defect analysis in order to assess the reason for the claim. If the claim is justified, the Seller will carry out the necessary repair work on the Products or their replacement with identical/similar Products, it being understood that any direct and/or indirect damage that may have been endured by the Consumer will not be reimbursed.
11. Return Policy
The Consumer may return Products purchased, without any penalty and without specifying the reason, within 10 (ten) working days from receiving the Products purchased on www.ciclotte.com. The Consumer shall return the said Products to the address indicated at art. 18 by courier. The Consumer shall bear all the shipping costs. The Seller will not be responsible for any loss or damage to the Products.
The return right -besides compliance with the terms and procedures described at art. 8.1 above- shall be deemed correctly exercised once the following conditions have been fully met:
- the “Return Form” enclosed with the purchased and shipped Products ha sto be correctly filled in;
- Products must not have been used and/or washed and/or damaged;
- Products must be returned, complete and unused, in their original packaging (in case of kits, all the respective components must be returned);
- return Products must be shipped all at once. The Seller reserves the right to not accept Products belonging to the same Order and returned in different moments.
If the Return Right is exercised in conformity with the provisions set forth in this article, the Seller shall refund the amounts already paid by the Consumer for the Products’ purchase.
The amounts paid will be refunded as fast as possible. In any case, within 30 (thirty) days from when the Seller received the Products back – time needed in order to check the compliance with the above-mentioned terms and conditions, and as better specified at art. 11 – the Seller will start the reimbursement procedures. The Consumer must verify that the Seller receive the shipment correctly.
In the event that the return does not comply with the terms and conditions set out in art. 11 of these General Conditions, the Consumer will not be entitled to any refund of sums already paid to the Seller; nevertheless, the Consumer will be entitled, at his own expense, to receive the Products in the conditions in which they were sent back to the Seller. If the Consumer does not wish to receive the Products in the conditions in which they were sent back to the Seller, the Seller will be entitled to keep the Products and withhold the sums already received.
It is not possible to change the purchased Product with other products.
12. Refund Times and Procedures
After the Products have been returned, the Seller shall check the conformity of the Products with the conditions indicated in article 11 above. When the Seller is able to confirm that such conditions have been met, the Seller shall send the Consumer an e-mail confirming the acceptance of the returned Products.
Il rimborso è attivato dal Venditore nel minore tempo possibile e comunque entro trenta (30) giorni dalla data in cui il Venditore ha ricevuto i Prodotti.
If the recipient of the Products indicated in the Order form is different from the individual who made the payment for such Products, the amount paid for returned Products shall be refunded by the Seller to the individual who made the payment.
13. Force Majeure
Parties shall not be deemed liable for delivery delays or for the non-fulfilment of their obligations directly or indirectly caused by:
– events of force majeure (including, by way of example, but not limited to, legal prohibitions, wars, rebellions, insurrections, strikes, or other labour controversies, fire, flooding, sabotage, nuclear accidents, earthquakes, storms, epidemics);
– so unpredictable and unrelated circumstances that prevent the Seller from findind workforce, raw material, components, machinery for the production, power, fuel, means of transports, acts or authorizations by any public authorities.
Parties shall communicate to each other in writing the cessation of the force majeure causes in good time.
14. Industrial and intellectual property rights
The Seller is the only and exclusive owner of all information, technical standards, instructions and procedures related to the Products. The Seller does not license any trademark or patent, or the use of the same, or any other industrial and/or intellectual property right, even in relation to the technical specifications and know-how provided.
The Consumer must immediately return to the Seller all information, documents, specifications owned by the Seller once the business relationship ends for any reason.
Consumer agrees not to use Seller’s trademarks, logos, names or other designations or advertising images in any form, in any manner, by any means and for any purpose without the prior written consent of Seller.
Consumer and Seller expressly agree that each of the Parties shall be entitled to share confidential information related to its business. Each of the Parties agrees to keep the information confidential, not to disclose its contents to third parties and to use it only for the purposes of the Sales Agreement and to return, upon request of one of the Parties, the documents received that contain confidential information.
In accordance to the new GDPR –EU Privacy Regulation 679/2016, the Sellers inform:
- the Consumer’s data will be processed and/or communicated to third parties partners (e.g. banks, external consultants, etc.) only for the purposes of the execution of contracts;
- the Seller with registered office in Via A. Locatelli 31, 24121 Bergamo (BG) is the owner of the Personal Data Treatment;
- the Consumer is also kindly requested to read, if he has not already done so, the General Terms and Conditions of Use because they contain important information on how the Users’ personal data are processed and on the security systems adopted.
17. Governing Law
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian Legislative Decree 6 September 2005 no. 206 on distance contracts and by Italian Legislative Decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
The Court of Bergamo will be the only and exclusive place of jurisdiction for any and all disputes that may arise in relation to these Terms / Orders / Contracts, with the express exclusion of any other alternative forum.
For any information and/or to submit any complaints, the Buyer may send an e-mail to the following address: [email protected] or contact the number of the Seller Tel +39 035 233350.
Alternatively, the Consumer can send a communication by post to the following address:
Multi-Design S.r.l., Via Antonio Locatelli 31, 24121 Bergamo (BG) Italy