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Email: info@tornanticycling.cc
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ITALY +39 3280117758
CYCLING
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ITALIAN BIKE TOURS
ITALIAN BIKE TOURS
TERMS AND CONDITIONS
General Terms and Conditions of Purchase
General Information
This website is operated by Lorenzo Berlincioni.
Lorenzo Berlincioni makes this website, along with all the information,
tools and services contained herein, available on the condition that you,
as the user, fully accept all the terms, conditions, disclosures and
warnings herein.
By accessing our site and/or making purchases through it, you will take
advantage of our 'Service' and automatically agree to be bound by the
following terms and conditions ('Terms and Conditions of Service',
'Terms'), which also include additional terms, conditions and information
mentioned in this document and/or accessible via hyperlinks. These
Terms and Conditions of Service apply to all users of the site, including
but not limited to visitors, suppliers, customers, merchants, and authors
of comments and other content.
Please read these Terms and Conditions of Service carefully before
accessing or using our website. By accessing or using any part of the
website, you automatically agree to be bound by these Terms and
Conditions of Service. If you do not accept the terms and conditions of
this agreement in full, you may not access the website or use its services.
In the event that these Terms and Conditions of Service are considered a
proposal, acceptance is limited to these Terms only.
Any new features and tools added to the store in the future will also be
subject to the Terms and Conditions of Service. You can
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Consult the most current version of the Terms and Conditions of Service
at any time by visiting this page. We reserve the right to update, modify
or replace any part of the Terms and Conditions of Service by posting
updates and/or changes on our website. It is your responsibility to check
this page periodically for changes. Continued use of or access to the
website after such changes are posted will be considered acceptance of
those changes.
Terms and Conditions of this Store
By agreeing to these Terms and Conditions of Service, you confirm that
you are at least the required legal age in your state or province of
residence, or that you are of legal age in your state or province of
residence and have the authority to permit the use of this website by any
minor under your responsibility.
Using our products for illegal or unauthorized purposes is prohibited,
and in using the Service, you must comply with all applicable laws in
your country, including but not limited to copyright regulations.
Spreading worms, viruses or any other kind of malicious code is not
allowed.
Violation of any provision of the Terms will result in immediate
suspension of your right to use the Services.
Shipping
Generally, your purchases made on this site are delivered to the recipient
within an estimated time period of 5 business days after you place your
order. This period includes the time required to prepare your order at our
warehouse, which generally takes 1 business day, and the actual time
required for shipment by our couriers, which usually takes 4 business
days in most Italian locations.
By 'working days', we of course mean Monday through Friday, excluding
Italian national holidays. Please note that under exceptional
circumstances, shipping may be delayed due to force majeure, such as
adverse weather events or strikes.
Returns and Refunds
Your satisfaction is of utmost importance to us, which is why, if you are
not completely satisfied with your purchase, don't worry: you have a
period of 30 business days from the date you receive your order to
request a return.
We encourage you to get in touch with our Customer Service Department
at l.berlincioni@gmail.com so you can benefit from our team's assistance
during the return process. We are here to help you!
Mode of Return
To start the return process, you will need to return the products you
purchased to our warehouse. Here is the return shipping address: EN
To ensure acceptance of the return, it is essential that the products are
shipped in their original packaging and in undamaged condition. In the
case of products
cosmetics, must be returned without any use and in the original or
equivalent packaging.
Methods of reimbursement
Once our warehouse has confirmed receipt of the return, we will proceed
to refund the order amount. However, the return shipping costs will be
borne by the customer. The refund will be made using the following
payment method: Bank transfer.
Conditions of Sale
Please note that by accessing the site or making purchases in our shop
area, you automatically accept these terms and conditions of sale. We
therefore advise you to read them carefully before proceeding.
1 General elements of the contract
1.1 These General Terms and Conditions ('General Terms and
Conditions') govern the terms and conditions of sale of our products
(hereinafter referred to as 'Products') by
Lorenzo Berlincioni
EN
VAT Number: BRLLNZ87P27D575F
>Corporate registration number:
Business registration of:
and set forth the conditions for the use of our e-commerce portal on this
Website. Products purchased on this Website will be shipped
via an express courier service ('Carrier'). These Terms of Sale exclusively
govern the offer, submission and acceptance of purchase orders for
Products between users of the Site and Lorenzo Berlincioni.
1.2 The sale of the Products is intended exclusively for consumers, as
defined by the Consumer Code (Legislative Decree no. 206/2005,
'Consumer Code'), and by 'consumer' we mean 'the natural person
acting for purposes unrelated to the entrepreneurial, commercial,
handicraft or professional activity possibly carried out' (hereinafter
referred to as 'Customers'). Lorenzo Berlincioni reserves the right not to
accept orders from parties other than 'consumers'.
1.3 Use of the Site requires the Customer to register in the personal area.
During registration, the following data will be requested: first name, last
name, email address, as well as the choice of a username and password,
which will be used to access the personal area. By registering, the
Customer guarantees the accuracy and truthfulness of the personal data
required for registration, the processing of which is governed by the
Privacy Policy of the Site. The Customer is obliged to keep the data up
to date as necessary and to ensure diligent custody of the user name and
password, recognizing that communication or use by third parties of
such authentication data is not permitted and could result in its liability
for use not in accordance with these directions.
1.4 Lorenzo Berlincioni reserves the right to modify these Terms and
Conditions without prior notice. Such changes will come into effect
from the date of their publication on the Site. Purchase orders placed
prior to the publication of the changes will be governed by the General
Conditions in effect at the time of the conclusion of the sales contract.
1.5 Article 8 of these General Terms and Conditions, concerning the
right of withdrawal, will only be applied if the Customer falls within the
definition of 'consumer' under Article 3, paragraph 1, letter a) of the
Consumer Code ('the natural person acting for purposes unrelated to
any entrepreneurial, commercial, handicraft or professional activity
carried out').
1.6 Lorenzo Berlincioni and the Customer explicitly agree that the
selection of the check marks and the click on the 'Complete Order'
button on this Site shall constitute a valid electronic signature for the
conclusion of the contract of sale, in accordance with the relevant
clauses of these General Terms and Conditions. It is emphasized that
these General Terms and Conditions, which can also be accessed
through a visible section accessible from the homepage of the Site, also
constitute the contract for the use of the Site, accepted through the
conclusive use of the Site.
Limitation of liability and license for use
of the Site
2.1 The Site is provided by Lorenzo Berlincioni 'as is' and 'when is'
available'. Lorenzo Berlincioni makes no warranties, express or
implied, as to the functionality of this Site and/or the content, materials,
information or products included on the Site. In addition, access to the
Site may occasionally be suspended or temporarily restricted to allow
for maintenance work, repair, or updating with new services and
products. Lorenzo Berlincioni strives to minimize the frequency and
duration of such suspensions and limitations.
2.2 Despite periodic checks of the Site, Lorenzo Berlincioni cannot
guarantee that the Site itself, its servers, or e-mails sent are free of
viruses or other components potentially harmful to the user's or
Customer's computer. By visiting this Site, the Customer agrees to do
so.
at your own risk. Despite periodic monitoring of the contents of web
pages linked to or reachable through the Site, Lorenzo Berlincioni
assumes no responsibility for the contents of such pages.
2.3 Lorenzo Berlincioni cannot be held responsible for any kind
of damage resulting from the use of this Site.
2.4 Lorenzo Berlincioni grants limited, personal access to this Site and
does not permit downloading or modification, even in part, without
prior written consent. This license does not include use of the contents
of this Site for commercial purposes, particularly the product catalog,
descriptions, and other materials. You may not use the information on
this Site for the benefit of other retailers, nor may you use data mining
systems, robots, or software to download and/or extract content from
our pages. Embedding our pages within frames so that other trademarks
can be associated with ours is not permitted. The publication of content
on this Site is intended solely for the purchase of the Products therein.
3. Prices, Availability and Product
Features
3.1 Unless otherwise stated, all published product prices
include VAT. Prices of Products posted on the Site are subject to
change and supersede previous prices, provided that the Products are
actually available.
3.2 Any advertised special offers and conditions are valid until the
expiration date indicated on the site or while supplies last, and in
in each case are subject to the actual availability of the corresponding
products.
4. Intellectual and Industrial Property
The Site, together with all trademarks and distinctive signs used by
Lorenzo Berlincioni in connection with the sale of products, is
protected by applicable intellectual and industrial property rights. Any
form of reproduction, communication, distribution, publication,
alteration or transformation of the contents of the site, trademarks and
distinctive signs used by Lorenzo Berlincioni, regardless of form and
purpose, is prohibited without prior authorization.
4.2 Lorenzo Berlincioni disclaims all liability with respect to the
trademarks and other distinctive signs on the products marketed on the
site. The Customer does not acquire any rights to such trademarks and
distinctive signs as a result of the conclusion of the contract of sale.
5. Confirmation of Orders. Delivery of Products, Delays and Risks of Loss of Products.
5.1 Lorenzo Berlincioni sells and ships the products available on the site
in the territories indicated in the Shipping Costs Table. The purchased
Product, together with the relevant tax documentation, will be delivered
by courier to the address specified by the Customer when sending the
online purchase order. Delivery will take place within a maximum of 30
days from the conclusion of the contract, in accordance with Article 61 of
the Consumer Code.
5.2 Lorenzo Berlincioni reserves the right to cancel any orders that it
deems unreliable or untrustworthy. P.O. Boxes are not considered
valid addresses for delivery.
5.3 Lorenzo Berlincioni shall not be liable for any delays or failures to
perform its obligations under these General Conditions if such delays or
failures are due to force majeure or events beyond its control.
5.4 The parties agree on the following ways to place an order and
complete the purchase:
Consultation and verification of product characteristics as described on
the site and in the product sheet.
Selection of product(s) and desired quantity. Inserting the products into
the cart by clicking 'Add to Cart'. Completion of the order form.
Before proceeding to send the order through the 'Confirm Order' button,
the Customer will be informed that sending the order implies the
obligation to pay the indicated price. In addition, the Customer will be
asked to carefully read these General Terms and Conditions of Sale,
including the information on the right of withdrawal and the Privacy
Policy of Lorenzo Berlincioni. A summary of the main characteristics of
the products ordered, the total price, shipping and all other costs, as well
as payment and delivery methods will be provided.
Before sending the order, the Customer will be given the opportunity to
make any changes to the data entered and the order itself. The order may
be viewed in the 'My Orders' section of the personal area.
By submitting the order form, the Customer confirms that he/she has read
and accepted these Terms and Conditions, including the terms of use of
the site and the privacy policy.
In the case of payment by PayPal, the Customer will follow the
instructions provided for payment.
After submitting the order, the Customer will receive a receipt of the
purchase order by email, containing the General Terms and Conditions
of Sale in PDF format, including the information on the right of
withdrawal and all the information already provided in the summary of
commercial and contractual conditions before the purchase.
Payment of the price and charges specified in the order summary will
follow the instructions received.
5.5 Except as provided for receipt of the order within thirty days of
placing it, delivery times are approximate. There is no telephone notice
from the Carrier. If the Customer is absent, there is a second delivery
attempt or telephone contact by the Carrier to arrange a redelivery
within the next 24 hours. If the redelivery is unsuccessful, the Carrier
will attempt to contact the Customer to resolve the causes of non-
delivery. If the second attempt also fails, the order will be considered
cancelled due to the impossibility of delivery, and Lorenzo Berlincioni
will inform the Customer by email and refund the amount already paid.
5.6 If Lorenzo Berlincioni is unable to deliver the ordered products due
to their unavailability, even temporarily, it will promptly notify the
Customer by email. Any amount paid by the Customer will be refunded
without undue delay.
5.7 The contract of sale is considered concluded when Lorenzo
Berlincioni receives payment of the price of the products or receives
notification from the financial intermediary that payment has been
properly made.
5.8 Lorenzo Berlincioni will initiate the execution of the sales contract
when the products are shipped, informing the Customer about it.
6. Payment Methods
6.1 Payment of the price of the products will be made by the Customer
in accordance with the instructions received from the financial
intermediary indicated in the order receipt. No installment payment
plans will be granted to the Customer. In the event that the payment is
not successfully made, Lorenzo Berlincioni will not proceed with the
shipment of the products.
6.2 Lorenzo Berlincioni reserves the right to suspend delivery of
products in the event of default, even partial, by the Customer with
respect to the agreed payment terms, without incurring any liability for
any damages.
6.3 Tax documentation for the products ordered will be issued by
Lorenzo Berlincioni when the products are shipped to the Customer.
Warranties and returns
7.1 For Customers who are consumers, the products are covered by the
legal warranty for conformity defects under Articles 128 - 135 of the
Consumer Code. Pursuant to Article 129 of the Consumer Code, it
should be noted that.
"... consumer goods are presumed to be in conformity with the contract
if, where relevant, the following circumstances coexist:
a) Are suitable for the use for which goods of the same type are
customarily used;
b) conform to the description made by the Carrier and possess the
qualities of the good that the Carrier has presented to the
consumer as a sample or model;
c) have the usual quality and performance of goods of the same kind,
which the consumer may reasonably expect, taking into account the
nature of the goods and, where applicable, public statements on the
specific characteristics of the goods made in this regard by the Carrier,
the manufacturer or its agent or representative, particularly in
advertising or on labeling; d) are also suitable for the particular use
intended by the consumer and which has been brought to the knowledge
of the Carrier by the consumer at the time of the conclusion of the
contract and which the Carrier has accepted even by conclusive facts.
3. There is no lack of conformity if, at the time the contract was
concluded, the consumer knew of the defect could not have been
unaware of it with ordinary diligence or if the lack of conformity arises
from instructions or materials provided by the consumer.
4. The Carrier shall not be bound by the public statements referred
to in subsection (2)(c) when, even alternatively, it demonstrates
that:
a) was not aware of the statement and could not have known it with
ordinary diligence;
b) the statement was properly corrected by the time the contract was
concluded so as to be cognizable to the consumer;
c) the decision to purchase the consumer good was not influenced by
the statement.
5. The lack of conformity resulting from the imperfect installation of
consumer goods is equated with the lack of conformity of the goods
when the installation is included in the contract of sale and was carried
out by the Carrier or under its responsibility. This equalization also
applies where the product, designed to be installed by the consumer, is
installed incorrectly by the consumer due to a deficiency in the
installation instructions."
7.2 Additional conventional warranties provided by the manufacturer
are described in the documentation included in the Product packaging or
indicated on the Site.
7.3 The legal warranty in favor of the Consumer Customer covers
conformity defects existing at the time of delivery of the Product and
manifesting within two years of delivery. The Customer must report the
lack of conformity within two months of its discovery, otherwise he/she
will forfeit the warranty right. The action to enforce defects is prescribed
within twenty-six months after delivery of the Product. In the event of a
lack of conformity, the Customer is entitled to free repair or replacement
of the Product, or an appropriate price reduction, or termination of the
contract, as provided for in Article 130 of the Consumer Code.
7.4 Within two months after the discovery of the defect and in any
case not later than twenty-six months after receipt of the Product, the
Customer must send a communication via the contact form available
at tornanticycling.cc/home. Upon receipt of the notice, Lorenzo
Berlincioni will contact the Customer to provide instructions for the
return of the Product and how to ship it via a courier at Lorenzo
Berlincioni's expense.
7.5 The Product must be returned by the Customer preferably in its
original packaging and complete with all its components, together with
the sales receipt issued by Lorenzo Berlincioni. After checking the
returned Product, Lorenzo Berlincioni will proceed with repair or
replacement, and then send the Product back to the Customer, unless
Article 130 of the Consumer Code applies.
7.6 If, after Lorenzo Berlincioni's intervention, it is verified that the
reported defect does not fall within the definition of a conformity defect
pursuant to articles 128 et seq. of the Consumer Code, the Customer
will be charged the costs of verification and restoration, as well as
transportation costs, if incurred by Lorenzo Berlincioni.
8. Rights of withdrawal
8.1 In accordance with the Consumer Code, the Customer, as a
'consumer', has the right to withdraw from the purchase without penalty
and without having to specify a reason. To validly exercise the right of
withdrawal, the Customer must follow the following terms and
conditions:
Must submit a notice using the appropriate online form available at
tornanticycling.cc/home, within 14 business days of receiving the
purchased Products.
The return of the Products subject to withdrawal must be made at
Customer's care and expense, through a Carrier of its choice, directly to
Lorenzo Berlincioni's registered office without undue delay and in any
case within 14 days from the date on which it has communicated its
decision to withdraw from the contract of sale. Lorenzo Berlincioni will
not accept returns with payment on delivery.
Withdrawal may also be applied only to individual products covered
by a single sales contract. However, the Customer may not exercise
withdrawal on only a part of a single product purchased.
All Products for which the Customer has exercised the right of
withdrawal must be intact and in their original packaging, complete in
all its parts, including packaging material, any seals attached, and any
ancillary documentation, such as order references, shipping documents,
and other.
8.2 Once Lorenzo Berlincioni has verified the integrity of the returned
Product, Lorenzo Berlincioni will proceed to refund the Customer the
amount paid only for Products subject to withdrawal within 14 days
from the date it was informed of the Customer's decision to withdraw
from the contract. The refund will be made through the same payment
method used by the Customer for the initial transaction, unless the
Customer has agreed otherwise.
8.3 The right of withdrawal cannot be exercised for sealed audiovisual
products or computer software (including those attached to hardware)
once they have been opened. In addition, the right of withdrawal does
not apply to the supply of goods that are custom-made or clearly
personalized or that, by their nature, cannot be returned or are likely to
deteriorate or alter rapidly.
8.4 The right of withdrawal lapses in case of substantial deterioration
of the returned goods, for example:
Lack of original outer packaging and/or inner packaging.
Absence of items that make up the Product (accessories, cables, manuals,
parts, etc.).
Damage to the Product not due to transportation.
Abnormal condition of storage.
8.5 In case of forfeiture of the right of withdrawal or if the Customer
totally or partially violates the provisions regarding withdrawal set forth
in these General Conditions, the contract of sale under these General
Conditions shall remain valid and effective. Lorenzo Berlincioni will
return the Products unduly returned by the Customer, charging the latter
the related shipping costs.
9. Cancellation or modification of orders
9.1 The purchase order cannot be modified once it has been placed.
However, it may be canceled in full if at the time of the change or
cancellation request, the Product shipment is still being prepared and the
amount has not yet been charged. In such a case, the Customer will not
be charged. The Customer may request cancellation of the order by
contacting Lorenzo Berlincioni using the form available at
tornanticycling.cc/home.
9.2 If at the time of the request for modification or cancellation of the
purchase order the Product has already been delivered to the Carrier or
if the amount has been charged, the Customer must exercise the right of
withdrawal in accordance with Article 8 of these General Conditions.
10. Third-party liability
10.1 Lorenzo Berlincioni is not responsible for the actions or
performance of third parties acting as independent auxiliaries in the
management or execution of payment transactions or any other
transaction related to the execution of contracts concluded through the
Site.
11. Complaints
11.1 Any Customer complaints should be submitted using the online
form available at tornanticycling.cc/ home.
12. Applicable law
12.1 The law applicable to the sale of the Products and the use of this
Site is Italian law. The application of the 1980 Vienna Convention on
the International Sale of Goods is expressly excluded.
13. Jurisdiction
13.1 Any dispute arising out of or in connection with these General
Terms and Conditions shall be settled and interpreted in accordance
with the
Italian legislation. The place of jurisdiction for the resolution of such
disputes shall be the Court of Italy.
13.2 For disputes between the Customer, pursuant to the Consumer
Code, and Lorenzo Berlincioni, the place of jurisdiction is where the
Customer has his residence or domicile. In all other cases, the place of
jurisdiction is Italy.
14. Processing of personal data
14.1 Lorenzo Berlincioni uses the personal data provided by the
Customer to provide the services necessary for the operation and use
of the Site, in compliance with the current legislation on the protection
of personal data (EU Regulation 2016/679 on the protection of
personal data). For further information on the methods of data
collection and processing, please refer to the Privacy Policy of the Site
available at: tornanticycling.cc/privacy-policy -
tornanticycling.cc/cookie-policy.
15. Final Provisions
15.1 The provisions of these General Terms and Conditions are
applicable within the limits of national consumer protection legislation.
15.2 Lorenzo Berlincioni's mere tolerance or failure to dispute any
failure by the Customer to comply with the provisions of the General
Conditions shall not be construed as tacit acceptance of such failure,
nor as a willingness to deviate from what has been agreed between the
parties.
15.3 The ineffectiveness and/or invalidity, in whole or in part, of one
or more clauses of these General Conditions shall not affect the
effectiveness of the other clauses, which shall remain in full force and
effect between the parties.
15.4 For all matters not expressly provided for in these General Terms
and Conditions, the legal regulations in force at the time of the
conclusion of the individual sales contracts shall apply, insofar as they
are compatible.
Information on Online Dispute Resolution in Compliance with Article
14, Paragraph 1 of the Online Dispute Resolution (ODR) Regulations:
The European Commission offers consumers the opportunity to resolve
online disputes, in accordance with Article 14(1) of the Online Dispute
Resolution (ODR) Regulation, through one of its dedicated platforms.
This platform (http:// ec.europa.eu/consumers/odr) serves as a meeting
point where consumers can attempt to reach out-of-court settlements for
disputes arising from online purchases and service contracts.