Terms and conditions

General conditions of sale, in force since 20/06/2023.

PREMISE

 

This information is rendered for the HTTPS: // Evolutionbikes website.com/ (Site).

 

Seller data: Evolution Bikes srl - P. VAT IT03662960610

Art. 1 scope of application

 

1.1 The general conditions of sale apply to all sales made by the seller on the site.

 

1.2 If it is made possible by the site, l’Entry of its tax code on the occasion of a purchase implies thatAnd she is acting as a consumer pursuant to art. 3, the paragraphs, lett. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). Please note that the quality of consumer is the natural person who acts for purposes foreign to the ATentrepreneurial, commercial, professional or craftsmanship eventually carried out. If, on the other hand, the possibility of inserting the VAT number (his or that of a legal person) is given, this implies a purchase as a "professional", pursuant to’art. 3, paragraph I, lett. c) of the consumer code. The quality of professional is the natural or legal person who acts in the sessionof his business, commercial, artisan or professional activity, namely his intermediary. The implications to purchase by way of consumer rather than professional will be described in the continuation of this document.

 

1.3 The terms indicated are to be understood as working days, therefore excluded Saturday, Sunday and national holidays. The images and descriptions on the site are to be understood as merely indicative. The colors could differ from the real ones due to the settings of the IT systems or computers you used for their view. 

 

1.4 The general conditions of sale can be modified at any time. Any changes and/or new Conditions will be in force from the moment of their publication on the site. You are therefore invited to regularly access the site and to consult, before making any purchase, the most updated version of the general conditions of sale.

 

1.5 The general conditions of sale applicable are those in force on the date of sending the purchase order.

 

1.6 These General Conditions of Sale not disciplinesAnus the sale of products and/or services by subjects other than the seller who are possibly present on the site through links, banners or other hyper-thestual connections. Before making commercial transactions with these subjects it is necessary Check their conditions of sale. The seller is not responsible for the provision of services and/or for the sale of products by these subjects. On sites Web available through these connections The seller does not make any checks and/or monitoring. The seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the same by the same

 

1.7 She is required to carefully read these general conditions of sale as well as all the other information that the seller provides on the site, even during the purchase procedure.

 

1.8 The seller does not In any case, it may be held responsible for his or third parties for any indirect, incidental, special or consequential damage. Any loss of profit or other indirect loss resulting from the’ use of the site or from the’ Inability of use. The seller cannot guarantee or affirm: (i) that the site is free from viruses or programs that can damage the data; (ii) that the information contained on the site is exact, complete and updated.

 

1.9 Unless otherwise agreed with the seller, on the site it is not possible to forward orders by email. The seller does not accept orders by phone, unless otherwise agreed with the customer.

 

1.10 l’set of any element of the site is owned by the VElectric or third parties. Except for specific written consent of the seller, it is forbidden to reproduce, fully or partially and through any procedure, distribute, publish, transmit, modify or sell everything or part of the contents of the site. 

 

Art. 2 purchases on the site

 

2.1 To make purchases on the site it is necessary to follow the procedure on the site itself, entering the data requested from time to time. The sales contract is concluded when l’Order reaches the seller's server.

 

2.2 She undertakes to immediately inform the seller if you suspect or learn about an undue use or an undue disclosure of any information you entered on the site. 

 

2.3 She guarantees that the personal information provided is complete and truthful and undertakes to keep the seller unscathed and manned by any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation of this commitment. She undertakes to immediately inform the seller if you suspect or learn of undue use or an undue disclosure of access credentials to the site.

 

2.4 The seller reserves the right to refuse orders that come from users who have previously violated these general conditions of sale or any regulatory provision.

 

2.5 To place orders on the site it is not necessary to accept these general conditions of sale. Anyway, l’ sending of’ purchase order constitutes acceptance of this document.

  

2.6 The seller is L’ The only counterpart of the user who intends Buy one or more products through the Site and is therefore (i) the subject to which the user directs his order, in order to accept the offer and conclude the sales contract; (ii) the person who assumes the obligations of pre -contractual nature deriving from the offer; (III) The person who concludes the sales contract with the user, assuming its obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the seller.

 

2.7 On the site and in communications with customers relating to the site, the seller reserves the right to act under his own signale. Therefore, when on the site and/or communications with customers relating to the site the seller's sign are used or the first person plural ("we") are used, the reference is to be understood, as well as to the site, also to the seller .

 

2.8 The seller does not provide any guarantee that the site is constantly working and operatesRATIVE. In fact, updates to the CMS platform can be verified that could imply a temporary suspension of the service. The seller assumes no responsibility with reference to any type of prejudice or damage that there’user may suffer from this circumstance.

 

2.9 subsequently to’purchase, you will receive an email confirming the’order. THE’confirmation email of’Order will contain at least the following information: (i) Dati of the seller; (ii) characteristics of the product purchased; (iii) purchase price and any taxes; (IV) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (VII) Used payment means.

 

2.10 The colors of the products on the site are indicative and may depend on the resolution of the device used by the’user. The seller assumes no responsibility if the color of the product is different from what is expected from’user. The’User to contact the seller in case of doubts about the color of one or more products on the site.

 

Art. 3 Product availability

 

3.1 i Products offered on the site are in limited numbers. It can therefore happen, also due to the possibility that multiple users simultaneously acquire the same product, that the ordered product is no longer available after the transmission of’purchase order.

 

3.2 On the site, information on the availability of the products is available. The availability of the products is continually monitored and updated. However, since the site can be visited by multiple users At the same time, it may happen that multiple users acquire, in msame instant, the same product. In such cases, therefore, the product could be, for a short period of time, available, being, however, exhausted or of not immediate availability and being for the same necessary to wait for the reabsorption.

 

3.3 She will be informed in case of IstononIability of the orderly product. In this hypothesis you will be entitled to terminate the purchase contract. In any case, he is asked to consider that before requesting the termination of the contract, the seller reserves the right to implement these measures:

• If a summary is possible, a dialing of the delivery terms, offered by the seller, with indication of the new delivery deadline.

 

3.4 If the reimbursement of what was paid for the purchase of products which then proved unavailable is required, the seller refunds within a maximum term of 2 days. 

 

3.5 In the event that you make use of the right of termination, the contract is terminated. In the event that the payment of’Total amount due, consisting of the price of the product, the shipping costs, if applied, and from any other possible additional cost, as resulting from’order (total amount due) has already occurred, the seller will reimburse the’Total amount due pursuant to the provisions of the article "Payment methods" infra.

 

Art. 4 prices

 

4.1 On the site the prices include the’VAT.

 

4.2 Furthermore, on the site the prices do not include the WEEE contribution as they are sold products not subject to the relative discipline.

 

4.3 The seller reserves the right to modify the price of the products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the site at the moment of carrying out of’order and that any variations (increasing or decreasing) will not be taken to the transmission of the same.

 

4.4 The shipping costs of the products are borne by it, except if differently established.

 

4.5 The seller will make the shipment of the products only after receiving confirmation of the payment authorization or to the credit creditTotal vegetable garden. The property of the products will be transferred to her at the time of shipment, to be understood as the moment of delivery of the product to the carrier. The risk of loss or damage of the products, for cause not attributable to the seller, Instead, she will be transferred to her when she, or a third you designate and different from her from the carrier, will materially enter the products.

 

4.6 The purchase contract is resolved to the non -payment of the’Total amount due. Unless otherwise written with you, there is, l’order will consequently be canceled.

 

4.7 If there is a error on the price of the product indicated on the site, the seller reserves the right to be able to communicate to the customer the correct one even after the conclusion of’purchase order. In this scenario the customer has the right to accepttare the new price or to dissolve the purchase contract. The seller can also cancel the product purchase contract in these cases. The seller can also cancel the sale if there is a product availability error.

 

Art. 5 Payment methods

 

5.1 This article describes the payment methods available on the site. L’User can in any case contact the seller for more information.

 

5.2 On the website you can buy through payment cards. THE’debit will only be carried out after (i) the data of your payment card used for payment and (ii) the issuing company of the payment card you used will have been verified, the’Authorization All’charge. In ApplicationIo of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that the purchase procedure can be requested by satisfying the authentication criteria requested by the payment institution in charge of managing the online payment operation. The authentication criteria refer to the identity of the user (to satisfy this criterion, the user must be registered on the Site on the occasion of the purchase operation) and the contextual Knowledge of the authentication code sent by the payment institute (Strong Customer Authentication). Failure to improve the procedure described above may imply the impossible to finalize the purchase on the site. The reserved data dElla payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payments manager without passing through the servers that the seller uses. The seller therefore has never accesI know and does not store, even if you choose to store such data on the site, the data of your payment card used for the payment of the products. Payment cards can be viewed in the site's footer and/or in’scope of the purchase procedure.

 

• Visa.
• MasterCard.
• American Express.
• ApplePay.
• Shopphy Payments.
• Google Pay.
• Master.
• Unionpay.

 

5.3 On the site it is possible to pay by bank transfer. Bank data are on display on the site. If the payment does not take place within 3 calendar days, the seller reserves the right to cancel the’purchase order.

 

5.4 On the site it is not possible to purchase by cash on delivery, unless otherwise agreed with the seller.

 

5.5 On the site it is possible to complete the’Purchase by inserting discount codes, coupons or vouchers. If the value of the discount code is less than that of’order, the remaining sum can be completed according to the payment methods provided for the site. Each discount code can be used for only one purchase. In no case can discount coupons be converted into cash.

 

5.6 Any different alternative methods compared to those indicated above are or will be described in this article.

• On the site it is also possible to make purchases through the PayPal payment solution. If you choose as a means of payment Paypal, it will be redirected on the website www.paypal.it Dwhere it will make the payment on the basis of the procedure provided and governed by Paypal and the terms and conditions of contract agreed between the user and Paypal. The data entered on the PayPal website will be processed directly from it and will not be trapput or shared with the seller. The seller is therefore unable to know and does not store in any way the data of the payment card connected to his PayPal account or the data of any other payment tool connected with this account.
• On the site it is also possible to make purchases through the payment solution in the installments of Klarna. The first payment is charged at the time of the shipment of’order itself and/or at the moment of conclusion of the purchase contract, while subsequentlyThere are charged payments every 30 days from the first charge, without prejudice to different indication on the site or from the provider of the payment service (Klarna). If you choose as a means of payment Klarna, it will be redirected on the website www.klarna.com where ifThe procedure provided for and governed by Klarna and the terms and conditions of contract agreed between her and Klarna will be guided. The data entered on the Klarna website will be processed directly by it and will not be transmitted or shared with the seller.
• On the site it is possible to buy via the stru"Paypal Later" payment ment. In this way it is possible to pay the service in 3 installments, without interest. The conditions of use of this service are regulated directly by PayPal. Further information is available on the website www.paypal.com.
• AND possible to buyI on the site also through the payment of payment made by the Scalapay 3 installment service that allows the immediate availability of the product and payment in 3 installments of the same amount, from a minimum of € 5 and up to a maximum of € 2000. The service does not have additional costs if the payment of the amounts takes place by the expiry date, for all conditions, please refer to the consultation of the website www.scalapay.com.

5.7 On the basis of what PRevised by the Legislative Decree No. 26 of 7 March 2023, the prices published on the site have not been customized on the basis of automated decisions. The prices displayed on the site are therefore not influenced by the previous consumer behavior.

 

5.8 On the occasion of a price reduction, for technical reasons the site is unable to indicate the lowest price applyto the generality of consumers in the 30 days preceding the application of the price reduction. For more information regarding price modification policies, you are invited to contact the seller at the references indicated in the introduction.

 

5.9 If, for any reason, the seller should proceed with any type of reimbursement in his favor for the purchase of One or more products, the seller will reimburse on the same vehicle of payment used by the user. Any refund delays may depend on the banking institution, the type of credit card or the payment solution used.

 

Art. 6 Product delivery

 

6.1 The delivery of the products is expected in: Europe. THE’User can always contact the seller for more information about the delivery of the products; For example, to find out if delivery is possibly provided in countries further than indicated on the site.

 

6.2 The delivery obligation is fulfilled through the transfer to you of the material availability or in any case of the control of the product.

 

6.3 Delivery time of products from’sending of’Order: after 5/6 working days.

 

6.4 The deadline indicated to’art. 6.3 is to be understood as an indicative and not peremptory. The seller therefore reserves the right to deliver the products within 30 days from’sending of’order. It is up to her to check the conditions of the product delivered. It being understood that the risk of loss or damageof the product, for the cause not attributable to the seller is transferred when you, or a third party designated by her and different from the carrier, physically enters possession of the product, the seller recommends checking the number of products received and that there’packaging is intact, not damaged, nor wet or in any case altered, also in the closing materials and is invited, in the sUo interest, to indicate on the vector transport document, any anomalies, accepting the package with reserve. In the event that the packaging has evident signs of tampering or alteration, it is advisable to give ready communication to the seller. 

 

6.5 With reference to the possibility of requesting the delivery of products to a "collection point", the seller informs it that the site does not offer the possibility of collecting the product at a "retreat point" other than from’address communicated by you during the purchase procedure. However, she is invited to access the site regularly to check if this delivery option is subsequently made available on the site.

 

6.6 You have the opportunity to choose the retreat in the shop as delivery mode. In the event that the user chooses the withdrawal in Shop, the user will be able to collect the product purchased at the store ("shop") he selected among those possibly indicated on the site as available for the collection. As soon as the product is ready for withdrawal, the user will come infoit is in this sense by the seller. The product can be collected by the user during the times and on the opening days of the shop. To withdraw the product, the user or his delegate, he must provide the staff of the shop suitable documentation certifying the’took place purchase.

 

Art. 7 Right of withdrawal

 

7.1 is invited L’User to view this article with particular attention, which regulates the right of withdrawal and its exclusions.

7.2 The right of withdrawal is the consumer's right to dissolve the purchase contract without being obliged to provide a motivation. If you have purchased the right of R as professionalEcesso does not apply, except different agreement with the seller. Any exceptions to the right of withdrawal are reported to this article 7. If there are no exceptions to the right of withdrawal, this article 7 finds full application.

• On the occasion of subsequent purchases you are invited to view this article to check the’Existence of exclusions to the right of withdrawal that could, for example, operate, behind the explicit declaration of renunciation of the relative right, if the purchase of product was optional by paying payment in installments with finalized funding.

7.3 If you cover the quality of consumer (and in the event that there are no exceptions in this sense provided in this article) you have the right to withdraw from the AC contractthe product of the product without having to provide any motivation and without having to bear costs other than those provided for in this article within the term of fourteen calendar days (period of withdrawal). The withdrawal period expires after 14 days:

• In the case of order relating to a single product, from the day when you or a third party, different from the carrier and designated by her, acquires the physical possession of the products;
• In the case of a multiple order with separate deliveries, from the day when she or a third, different from the carrier and designated by her, acquires the physical possession of the last product; or
• In the case of an order relating to the delivery of a substantial product of lots or multiple pieces, from the day when she or a third, different from the carrier and designated by her, acquires the physical possession of the last lot or piece.

The customer, although consumer, unconditioner renunciationyou to the right of withdrawal in the event of an online order of tailor -made products or if you opt for the purchase by installment payment or mediate a loan aimed at this by consciously declaring to renounce your right of rethinking. The declaration of renunciation will be properly highlighted to the Customer in the finalization phase of the purchase, in the "Payment methods" section when options one of the payment methods that determines his declaration of renunciation of the right of withdrawal. 

7.4 To exercise the right of withdrawal, you must inform the seller, before the expiry of the withdrawal period, of your decision to withdraw. To this end, he can write to the seller to the contacts indicated in the introduction, or use The contact form possibly present on the site. You have exercised your right of withdrawal within the withdrawal period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the withdrawal period.

7.5 unless otherwise agreed, the direct costs of returning the products are for the consumer, as well as the responsibility for the transport of the same. In the event of exercising the right of withdrawal, the product must be delivered to the seller's office, or at the different address communicated by the seller. 

7.6 If the withdrawal is applicable, the seller will reimburse the total amount due, including delivery costs, if applicable, without undue delay and in any case no more than 14 days of calendarsor from the day the seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment tool used for the initial transaction. In the event that the products have been sent UTBy having a carrier of the consumer and expenses of the latter, the seller can suspend the refund until the products receipt or until the consumer has proven to have sent back the products, if previous.

7.7 The consumer is responsible only for the decrease in the value of the assets riSister from a manipulation of the product other than that necessary to establish the nature, characteristics and operation of the product. The product must however be kept, manipulated and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the product and intact and not manomesYes, as well as perfectly suitable for the use to which it is intended and devoid of signs of usury or dirt. The withdrawal also finds application to the product in its entirety. It cannot therefore be exercised in relation to the parts and/or accessories of the product.

7.8 In the event that the product for which the withdrawal has been exercised has undergone a decrease in value isyou give you a manipulation of the good different from that necessary to establish the nature, characteristics and operation of the product, the seller reserves the right to reduce from the refund amount an amount equal to this decrease in valorAnd. The seller will communicate this circumstance and the consequent decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in product value. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle any refund. 

7.9 This article Discipline Un very important scope and relating to the return costs in the event of withdrawal. In light of the above, the seller believes appropriate to highlight that the costs of returning the product will be against him and under his responsibility.

The products must be returned all’address indicated in the "Seller data" section in the introduction or all’address from time to time communicated by the seller.

For the general conditions on the return policy, please refer to the consultation of the page https://evolutionbikes.com/pages/termini-e-condizioni

 

Art. 8 Legal guarantee of conformity

 

8.1 The legal guarantee of conformity is reserved for the consumer. Therefore, it finds application, only to users who have carried out the’Purchase on the site for strangers foreign all’Entrepreneurial, commercial, artisan or professional activity possibly carried out.

 

8.2 The seller is responsible for the consumer for any lack of conformity of the product that manifests itself within two years from this delivery. THE’Direct action to assert the defects not misunderstood by the seller, in any case, within twenty -six months after the delivery of the property. For refurbished/used products she accepts that the Legal guarantee of conformity provided for by the consumer code is 12 months. His consent is expressed by acceptance of these General Conditions of Sale. This provision is valid only if you have purchased as a consumer.

 

8.3 Salvo Prova Contoria, it is assumed that the defects of conformity that occur within twelve months from the delivery of the product existed already on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the twelfth month following the delivery of the product, it will instead be the burden of the consumer to prove that the defect of conformity already existed at the time of the delivery of the same.

 

8.4 In the event of lack of compliance of the asset, the consumer has the right to restore compliance, or to receive a proportional reduction in the price, or to the termination of the contract on the basis of the conditions established by the’art. 135-bis and following of the consumer code.

 

8.5 The seller is not responsible in case of damage, of any nature, deriving from the’Use of the product improperly and/or not compliant with the instructions provided by the manufacturer as well as in the event of damage deriving from the fortuitous case or force majeure.

 

8.6 If you have made the purchase in quality dThe professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 and SS of the civil code; In particular, the deadline for denouncing any vices is 8 days from the discovery and the’Action is prescribed in 1 year from delivery.

 

Art. 9 Manager of the manufacturer

 

The manufacturer's guarantee is a guarantee additional compared to the legal guarantee of conformity possibly provided by the seller on the products. The products sold on the site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (guarantee Conventional). You can assert this guarantee only to the manufacturer. The duration, the extension, including territorial, the conditions and methods of FRution, the types of damage/defects covered and any limitations of the conventional guarantee depend on the individual producer. The conventional guarantee has a voluntary nature and does not replace, does not limit and does not affect or exclude the legal guarantee.

 

Art. 10 applicable law and competent hole; Exhabitial composition of disputes - Alternative Dispute Resolution/Online Dispute Resolution

 

10.1 The purchase contracts concluded through the site are regulated by what is indicated in these General Conditions of Sale and, although not provided, by the Italian Consumer Code.

 

10.2 Remember that in the case of a consumer user, for any controversy relating to the application, execution and interpretation of this document, the hole of the place where the User Risi is competentEde or has elected home. In the case of a professional user, for each dispute relating to the application, execution and interpretation of this document, the forum is competent where the seller is based pursuant to the provisions of the introduction.

 

10.3 The seller informs L’User who revealsThere is the qualification of consumer who, in the event that he has submitted a complaint directly to the seller, following which however it was not possible to resolve the dispute thus insurgent, the seller will provide the information regarding the’organism or organisms of alternative dispute resolution for the EXT resolutionreasons for disputes relating to bonds deriving from a contract concluded on the basis of these General Conditions of Sale (Adr Bodies), specifying whether or not to make use of these bodies to resolve the dispute itself.

 

10.4 The seller also informs L’User that covers the qualification of consumer who has been established a European platform for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR L platform’consumer user can consult the’List of ADR bodies, find the link to the site of each of them and start an online resolution of the dispute in which it is involved.

 

10.5 The law of’consumer user to be the competent ordinary judge of the dispute deriving from these general conditions of sale, whatever the’The result of the extrajudicial composition procedure of disputes relating to consumer relationships by using the procedures referred to in Part V, Title II-bis Consumer Code.

The user who resides in aor Member State of the European Union other than Italy, it can also access, for each dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for the disputesie of modest entity, by regulation (EC) n. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 5,000.00. The text of the regulation is available on the site http://www.eur-lex.europa.eu.

 

Art. 11 Customer Service

 

11.1 You can ask for information, send communications, request assistance or forward complaints by contacting the seller from the contact details indicated in the introduction, or using the contacted form possibly present on the site.

 

11.2 The seller responds in an indicative time of 1 day.

 

Art. 12 Reviews

 

12.1 Pursuant to how muchISTO from Legislative Decree No. 26 of March 7, 2023, the site allows the publication of reviews by users. The seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is as the user receives an email after the purchase on the Site containing a request to publish his review on the site. Therefore, given that the email is received only after the purchase, it is reasonable to believe that the relative reviewion can be attributable to a real purchasing experience on the site by the user. Among the reviews published on the site, some may have been solicited, for example by sending a discount coupon. In this case, this circumstance is DebItally indicated on the solicited review. In addition, reviews originated from sponsorships or relationships with a professional (e.g. influencer) could be published; Also of this circumstance is given information on the relevant review.

 

12.2 The tool to publish the reviews is Trustedshops, of the Trusted Shops AG company. . For more information on this tool, you can view the www.business.trustedshops.com page.

 

Art. 13 Various

 

13.1 This document fully regulates the relationship between you and the seller. In any case, the rights and obligations provided for by the law applicable from time to time are being made without prejudice to.