TERMS AND CONDITIONS OF SALE
This document regulates the online sale of products shown through this website offered by Vittoria S.p.A., with registered office in Brembate (MB), Via Liguria No. 8, VAT no. 01989570161, phone 035-4993911, e-mail firstname.lastname@example.org (“Vittoria”). Throughout the website, the terms “we”, “us” and “our” refer to Vittoria.
By purchasing our products, you agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
SECTION 1 - ONLINE STORE TERMS
These Terms of Sale apply to all consumer, e.g., natural persons, of legal age or otherwise capable of acting within the meaning of the Italian law, who make the purchase of one or more products (as indicated below) for purposes not related to their own commercial, entrepreneurial or professional activity, if any (“Client”).
Please read these Terms of Sale carefully before purchase any products offered by us through this website.
You can review the most current version of the Terms of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products to you.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. There may be information on our website or in these Terms that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, product shipping, charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). In this case, Vittoria will refund the Client with the full amount paid for those Products not available.
With reference to the Products, please consider that the photographic representations of the Products on this website are purely indicative and are intended only to represent the Products themselves.
Other information than those referred to the Product on this website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO PRICES AND PRODUCTS
Prices of our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue Products from the online sale without notice.
We shall not be liable to you or to any third-party for any modification of the Product assortment, price change, suspension or discontinuance of the products.
SECTION 4 – CONCLUSION OF THE CONTRACT
By means of these Terms of Sale, Vittoria sells and the Client purchases certain products, consisting mainly of Bicycle Tires and Bicycle Accessories (the “Products”), the main features of which are contained in the specific product sheets and made available exclusively online through this website.
The presentation of the Products on the site constitutes an invitation to make a purchase proposal.
The contract between Vittoria and the Client is concluded exclusively in telematic mode through Internet in remote mode, by means of the Client’s access to the website where, following the procedures indicated therein, the Client formalizes the purchase of the Products. The Customer is aware that in order to access the site it is necessary to have an Internet connection, the costs of which are borne by the Client under the terms established by its connectivity vendor.
These Terms of Sale must be reviewed online by the Client prior to the completion of the purchase procedure through the link. The submission of the purchase order, as better detailed below, therefore implies full knowledge of them and their express and full acceptance, also pursuant to Articles 1341 and 1342 of the Italian Civil Code.
The Client expressly declares that he/she is making the purchase for purposes unrelated to any commercial, entrepreneurial or professional activity exercised.
The purchase can be made in the following modes:
- “guest” mode: the Client, to proceed with the purchase, must fill out the electronic form on the website, taking care to correctly enter their personal data as required in the appropriate electronic form.
- “registered user” mode: the Client, in order to proceed with the purchase, must create its own account by filling out the electronic forms on the website, taking care to correctly enter their personal data as required in the appropriate electronic registration form. If the Customer chooses this mode, purchases subsequent to the first may be made by the Client by entering his/her own login credentials of the registered account.
The Client, in any case, assumes responsibility for the truthfulness and correctness of the personal data entered. It is understood that the Client is deemed liable for any damage/delay/discomfort referable to and/or attributable to the incorrectness and/or untruthfulness of the personal data entered pursuant to the procedures above described.
The Client, before confirming the purchase order by clicking on the “Order Confirmation” button, will be required to flag the following statements “I declare that I have read and accept the Terms of Sale” and "I declare that I have read and expressly accept the following vexatious clauses: SECTION 1 - ONLINE STORE TERMS (limitation of sales; changes); SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION; SECTION 3 - MODIFICATIONS TO PRICES AND PRODUCTS; SECTION 4 – CONCLUSION OF THE CONTRACT; SECTION 5 – PRICES AND PAYMETS; SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION (right to refuse); SECTION 7 – DELIVERY TIME AND MODE; SECTION 8 - THIRD-PARTY LINKS; SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; SECTION 10 - PROHIBITED USES; SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; SECTION 13 - INDEMNIFICATION; SECTION 16 - GOVERNING LAW”.
By means of such point&clicks, the Client declares that he/she has knowingly accepted the contents and conditions of the purchase order and, in particular, these Terms, the prices, volumes, characteristics, quantities and delivery times of the Products offered for sale and ordered by the Client, as well as the terms of payment. By confirming the purchase order, the Client confirms that he/she also knows and accepts the additional information contained in the site, the cookies policy and the privacy notice.
Products and prices indicated on the website - within the limits of their availability - do not constitute an offer to the public for the Client; therefore, they must always be considered indicative and subject to express confirmation by e-mail by Vittoria upon payment.
Client has the right to termite the contract for any reasons whatsoever within the period of 14 (fourteen) days after receipt of the ordered products according to our Refund Policy.
Vittoria reserves the right to evaluate the conditions of the return of the Products and to provide for the refund of the full amount paid by the Client for the purchase (excluding shipping costs that will remain the responsibility of the Client) within the term of 14 (fourteen) days from the date on which the Client has exercised the right of withdrawal, by re-crediting the bank account used at the time of purchase.
SECTION 5 – PRICES AND PAYMETS
All sales prices of the Products are available within this website and are expressed in Euros.
The sale prices are inclusive of VAT and any other taxes, if any. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the submission of the order by the Client.
Payment methods provided: Credit Card, PayPal Account; Shop Pay; GPay; Apple Pay .
At the end of the transaction, the Client will receive an e-mail confirming the purchase made and the successful payment, e.g., the order confirmation containing: the essential characteristics of the Products, a detailed indication of the price, the payment method selected and a summary of these Terms.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us in case of orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address that, based on the quantity and/or type of items ordered, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made by this website. In case of registration, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – DELIVERY TIME AND MODE
Vittoria will deliver the Products selected and ordered at the place indicated by the Client at the time of purchase.Deliveries will be made at a cost displayed during the checkout process. Delivery times may vary, depending on the area, from 1 to 6 working days (depending on the area of destination), except for delays not directly attributable to Vittoria. Deliveries on Saturdays, Sundays, holidays are excluded. Deliveries above a specific amount defined for each country during the checkout process are free of charge. In the event that Vittoria is unable, for whatever reason, to make the shipment within said period, it will promptly notify the Client by e-mail sent to the address provided by the latter during the purchase process.
At the time of delivery, the Client is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the Products shipped; b) the packaging is intact and not altered even in the closing tapes if present. If the Products received do not correspond to the order placed or Products ordered are absent, the Client must report this discrepancy within 5 (five) days of receipt of the package by contacting Vittoria using the contact form on our website.
In the event of a lack of conformity of the Products under Article 129 of the Italian Consumer Code (as defined below), the legal warranty under the Code will apply.
SECTION 8 - THIRD-PARTY LINKS
The website may include third-parties links.
Third-party links on this web site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL DATA
Your submission of personal data through the store is governed by our Privacy Notice, which can be viewed here
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sale or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the website for indefinite periods of time or cancel the Products herein at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk.
In no case shall Vittoria, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Sale providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vittoria and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
These Terms of Sale and any policies or operating rules posted by us on this site or in respect to the Sale constitutes the entire agreement and understanding between you and us and governs your use of the Sale, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale).
Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW AND JURISDICTION
The law applicable to contracts of sale governed by these Terms of Sale is the Italian law.
In case of sale in Italian Territory, Legislative Decree No. 206/2005 (so called “Italian Consumer Code”) and by Legislative Decree 9 April 2003 no. 70 on electronic commerce will apply. For any dispute that may arise in relation/connection to these Terms or to orders placed or contracts of sale concluded between Vittoria and the Client, the competent Court shall be the one of the place of residence or domicile of the Client, if located in the territory of the state, whether applicable. In case of sale in Italian territory Article 66-bis of the Italian Consumer Code shall apply.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Sale should be sent to us using the contact form on our website.
Our contact information is posted below:
Via Liguria, 8
24041 Brembate (BG)
Tel. +30 0354993911
SECTION 18 – VEXAUTIOS CLAUSES
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Client specifically agrees to the following articles of these Terms:
SECTION 1 - ONLINE STORE TERMS (limitation of sales; changes); SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION; SECTION 3 - MODIFICATIONS TO PRICES AND PRODUCTS; SECTION 4 – CONCLUSION OF THE CONTRACT; SECTION 5 – PRICES AND PAYMETS; SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION (right to refuse); SECTION 7 – DELIVERY TIME AND MODE; SECTION 8 - THIRD-PARTY LINKS; SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; SECTION 10 - PROHIBITED USES; SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; SECTION 13 - INDEMNIFICATION; SECTION 16 - GOVERNING LAW.