Terms and Conditions of Sale
General conditions of sale for purchases on the EAGSBIKE.COM website
Premise: the offer and sale of products on the website https://www.eagsbike.com/ are governed by the following general conditions of sale, and the products purchased on the site are sold by:
Eagsbike Srls
Largo Arso, 17 - San Giorgio a Cremano
80046 NAPLES
VAT number: 09509911211
DEFINITIONS
"Customer" is the purchaser of the Products who has the status of consumer, meaning the natural and legal persons who make the purchase and act for purposes unrelated to any business or professional activity carried out;
"Site" is the set of web pages relating to EAGSBIKE;
“Prices” are the costs of the Products indicated on the site;
"Delivery costs" are the costs of shipping the Products;
"Promotions" are sales made by EAGSBIKE under special conditions for all or part of the Products and for limited periods of time;
"Cart" is the virtual container on the site of the Products selected by the Customer for purchase;
"Terms of sale" are the rules contained herein which govern the relationship between the Customer and EAGSBIKE for the purchase of the Products
"Prompt delivery ": items shipped directly from our shop within 48 hours to your home;
"Items to order" : items that require a longer delivery time because they will have to be ordered from our suppliers and their consequent shipment to our and then to your home; for these orders you will receive notification that your order has been taken over;
"Delivery" : delivery times fall within a range that goes from a minimum of two days to a maximum of four working days.
OBJECT
The offer and sale on the EAGSBIKE website integrate a distance contract governed by articles 50 ff. of Legislative Decree 6 September 2005, n. 206 (Consumer Code), as well as by Legislative Decree 9 April 2003 n. 70 (so-called Electronic Commerce Law). The purchase of the products is intended for consumers.
These Conditions of Sale govern the relationship between the Customer and EAGSBIKE for the purchase of Products on the Site.
The customer is required to carefully read the conditions of sale that EAGSBIKE makes available to him also in order to allow him to reproduce and memorize the mentioned conditions in compliance with the provisions of art. 12, co. 3rd of Legislative Decree no. 70/2003.
PURCHASE METHOD
To purchase the Products, the Customer must register by entering his personal details, following the instructions provided by the registration program, and must complete and send EAGSBIKE the purchase order form in electronic format available on the site, following the instructions contained on the Site. Purchase orders must be filled in exactly in their entirety.
The Customer must enter the selected Product/s in the appropriate "Cart" and, after having viewed and accepted the contribution for the delivery costs, can proceed with the purchase.
If the Customer needs to modify the purchase order or to modify some data contained therein, he must follow the appropriate modification procedure contained on the site. In particular, the Customer will have the right to change the quantity of Products he intends to purchase, by adding or removing one or more Products from the Cart.
Once this operation has been completed, the Customer will see a screen containing the summary of the purchase order, including the delivery costs, with a request for further confirmation of the purchase procedure.
After viewing the summary, the Customer must select the desired type of payment and "click" the "Proceed to Checkout" button.
CONCLUSION OF THE CONTRACT
With the confirmation of the purchase order by the Customer, the conditions of sale and the additional information contained on the site will be considered fully known and accepted by the Customer.
The Order Confirmation by EAGSBIKE sent to the Customer at the email address indicated will constitute acceptance of the contractual proposal.
The contract will be considered concluded, and will be binding for both parties, when the Order Confirmation is sent to the Customer.
The Order Confirmation sent by EAGSBIKE email will contain an indication of the Product/s purchased; the indication of the price; of the means of payment; of delivery costs , of the right of withdrawal, in compliance with the provisions of article 13 of Legislative Decree no. 70/03;
After the payment you will receive an e-mail notifying you of the receipt of the payment and from that moment the timing for the preparation and shipment of your order will start;
Should our staff find errors in your order or deem your order unfulfillable within the times and in the manner requested, you will be promptly notified, which will indicate your order as REFUSED. If you receive this message, please contact us by telephone.
Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an order or by the cancellation due to the non-acceptance payment within the established deadline.
In the product catalog published on the EAGSBIKE website, the availability of the products, even being constantly updated, may undergo variations not in real time and without notice.
You are purchasing products that can be viewed and described on our site and you accept that the images of the products may not be perfectly representative of their characteristics but may differ in color and its nuances, dimensions or accessory products present in the figure.
PAYMENT
The prices of the Products are expressed in Euros and are inclusive of all applicable taxes and/or duties;
The prices of the Products do not include the Delivery costs, the amount of which will in any case be indicated to the Customer in the summary of the purchase order;
The price of the Product will be that indicated on the site at the time of the order. Therefore, they will not be able to detect any increases or decreases in the price, even in correlation to promotional sales preceding or following the purchase order;
The Customer can choose between the following payment methods: by account and/or credit card on PayPal™; by credit card; by bank transfer, by cash on delivery; payment in installments or financing through one of the partners indicated during checkout.
Payment with PayPal™, the Customer must provide the requested data which will be managed directly by PayPal™ without having to re-enter the data of his credit or debit card. PayPal™ is a leading company in online payments.
Payment by credit card through the external Stripe platform which allows you to accept payments by debit card, rechargeable card or credit card. It is a secure and fast solution by which payments are processed virtually instantly.
Payment by bank transfer, selecting it from the payment methods at the time of finalizing the transaction; in this case the shipment of the purchased product will be made only once the bank transfer has been received.
Payment on delivery (also called cash on delivery), by selecting it from the payment methods at the time of finalizing the transaction; in this case an additional cost for the service will be charged to the shipment, which can be viewed during the purchase phase.
EAGSBIKE does not accept other unspecified forms of payment.
SHIPMENTS
The delivery of the products will be made by courier and the times will vary according to the destination, the moment in which the order will be acquired and the availability of the Product itself.
For the available goods, EAGSBIKE will deliver to the Courier within 1/2 working days following receipt of the purchase order.
Barring unforeseen circumstances, delivery times on the national territory will be 1/2 working days from delivery to the Courier. For locations that are difficult to reach such as mountain resorts, smaller islands, extreme suburbs, delivery times will be 3/4 working days.
At the time of shipment, you will receive an e-mail confirming shipment, containing the link and the relative traceability code to be able to follow the status of the shipment in question via the website of the courier who has taken charge of your package.
Our system will calculate your shipping costs based on some parameters dictated by national couriers and you can check the cost of your shipment at the end of completing your order by reading the summary under "Shipping". Please carefully check the order summary and the costs listed in order not to run into problems of various kinds before sending your order and above all before paying.
Delivery times after shipment and any delays do not depend on EAGSBIKE which in any case undertakes to mediate and try to resolve any problems related to delivery with the courier. The Customer, with the acceptance of our terms of use, exonerates EAGSBIKE from any responsibility in this regard. For shipping, the address provided during registration on the site will be used, so carefully fill in the complete address field in all its parts.
After receiving the shipping notification e-mail, the courier will deliver within the established times depending on the location to be served. We advise you to contact the courier directly if you are not at home to arrange a delivery at certain times, in order to avoid incurring further costs.
Pursuant to art. 63 of the Consumer Code, the risk of loss and damage to the goods, for reasons not attributable to the seller, is transferred to the consumer when the latter, or a third party designated by him and other than the carrier, physically comes into possession of goods. However, the risk is already transferred to the consumer upon delivery of the goods to the carrier if the latter has not been offered by the seller to the consumer, who has chosen it independently.
LEGAL WARRANTY OF CONFORMITY
The private consumer customer (understood as a natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form) has the right to make use of the legal guarantee of conformity , in application of articles 128 and following of the Consumer Code, in the event that a lack of conformity is found (the product does not work or does not present the qualities or performance that goods of the same type usually have or does not correspond to the characteristics declared on the Site or on the label or in advertising), provided that he reports the lack of conformity found within 60 days of discovery and that the defect occurs within 24 months from the date of delivery of the goods.
The legal guarantee of conformity applies exclusively to the product that presents a lack of conformity, provided that the same is used correctly, in compliance with its intended use and with the provisions of the attached technical documentation. In the event of a lack of conformity, EAGSBIKE will restore the conformity of the product at no cost to the Customer by repairing/replacing or reducing the price, subject to an evaluation of the onerousness of the solution with respect to the value of the goods, until the termination of the contract.
In cases where the application of the guarantees indicated above gives rise to the responsibility for EAGSBIKE to restore the conformity of the product by repair or replacement, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc...)
CONVENTIONAL WARRANTY FOR DAMAGED GOODS
Should you find damaged goods inside your package, we invite you to send an email to our address info@eagsbike.com within 24 hours of receiving the package, with attached photographic documentation relating to the damaged goods. The e-mail must also contain the reference of the order and shipment number. With the opening of the file we will proceed to refund the cost of the goods or, if you prefer, to a new shipment of the damaged goods, all at our expense.
RIGHT OF WITHDRAWAL
EAGSBIKE recognizes the right of withdrawal as provided for by art. 52 et seq. of the Consumer Code. In particular, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), he has the right to withdraw from the purchase contract, without the need to provide explanations and without any penalty. The product must be returned in compliance with resale (intact and complete with the original packaging).
The Customer who wishes to exercise the right of withdrawal is required to notify it within 14 calendar days starting from the date on which he takes physical possession of the goods. You can do so with any explicit declaration from which the intention to exercise this right can be inferred (registered letter with return receipt, email, online) by filling in the appropriate downloadable form, the references of which are below:
Fillable form: download PDF form
Contact us online: right of withdrawal request
Postal address: EAGSBIKE srls - Largo Arso, 17 - San Giorgio a Cremano 80046 Naples (NA)
Once EAGSBIKE has received the communication from the Customer who has expressed the intention to withdraw (in any way it is communicated), it will contact him by telephone, providing assistance and the exact address to which to send the product.
For the correct exercise of the right of withdrawal by the Customer, it is specified that:
a.) for any item, the package must be returned perfectly intact and sealed like new, therefore, if the package is opened or tampered with, or if the vehicle has even been used, it will not be possible to exercise the right of withdrawal and the goods it will be sent back to the consumer with the charge of the additional transport costs. You can exercise the right of withdrawal in relation to the product in its entirety and not for its parts and/or accessories. In the event that the serial code of the same is inserted on the product packaging, it constitutes part of the product and, consequently, the product must be returned in the original packaging, which will in turn be placed in another packaging, as it cannot be affixed to the packaging original no other label or tape;
b.) the direct costs of returning the goods will be borne by the Customer, therefore in any case, the ancillary costs of payment and delivery will not be subject to reimbursement and therefore will remain the responsibility of the consumer. EAGSBIKE reserves the right to check the returned goods to assess any damage or tampering not caused by transport.
The risks of the return "journey" of the goods are borne by the consumer until the seller is physically in possession of the same.
The refund concerns the sums paid for the price of the product, and will be made no later than 14 days from the communication by the Customer to exercise the right of withdrawal. The refund amount will be communicated to the user via e-mail.
In any case, refunds will be made by EAGSBIKE in one of the following ways:
- Bank Transfer if the Customer paid by bank transfer;
- Paypal if the Customer paid with Paypal.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As foreseen by the art. 59 of the Consumer Code, the right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:
a.) the supply of goods or services whose price is linked to fluctuations in the financial market which the professional is unable to control and which may occur during the withdrawal period;
b.) the supply of clearly personalized goods;
c.) the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery;
INFORMATION AND COMPLAINTS
For information or clarifications on the conditions of sale and on the products, the customer can contact us:
- By telephone at +39.338.65.12.389 from Monday to Friday, from 10:00 to 13:00 and from 16:00 to 19:30
- By sending a communication to the email address info@eagsbike.com
- Using the Contact form on the EAGSBIKE website.
GOVERNING LAW AND DISPUTE RESOLUTION
The sales contract between the Customer and EAGSBIKE is understood to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes that may derive from the conclusion of this distance selling contract, if the Customer is a consumer pursuant to the Consumer Code, the territorial jurisdiction is that of the forum of his municipality of residence or domicile ; in all other cases, the territorial jurisdiction is exclusively that of the Court of Rome.
For Customers domiciled in states of the European Union, the articles will apply. 15-17 Reg. 44/01 EU.
For customers domiciled outside the European Union, the Court of Naples will have exclusive jurisdiction.