I) General conditions for the purchase of Pagani products and services
Pagani Bike invites every user to read these general conditions of sale carefully before purchasing and to print out a copy or save them digitally.
The general conditions regulate the purchase on-line of the products and services promoted on the site www.paganibike.it (the “Site”) belonging to – Pagani Bike of Alessandro Pagani, Vicolo Scuole 7 – 10040 – Rivarossa (TO), Italy.
The products distributed by Pagani Bike via its Site are for the most part, bicycles, bicycle accessories and other objects.
The terms and method of purchase of the Products and/or Services through the Site are contained in these General Conditions.
Pagani Bike offers its Products and Services to consumer users and other users.
Consumer users (“Consumer/s”), are those who purchase Products and/or Services shown on the Site for reasons other than their professional or entrepreneurial activities according to d.lgs. 6 settembre 2005 n. 206 (the “Consumer Code”).
According to these General Conditions, a person who, at the time of purchase explicitly fills in the box reserved for the personal data stating s/he belongs to the category “Companies, institutions, free lance professionals (stating their VAT code), is not considered a Consumer. Where there is no explicit reference to which category the Consumer belongs to, the dispositions of the General Conditions and the Particular Conditions will be applied indiscriminately to all users who purchase Products or Services via the Site (“Customers”).
Pagani Bike has the right to modify the General Conditions without prior notification. Any modifications will have effect from the date they are published on the Site.
Regarding purchase orders submitted to Pagani Bike before the above mentioned modifications are published, the General Conditions in force at the moment of the conclusion of the Sales Contract will be applied.
The General Conditions are available in Italian.
II) Purchase procedure – Conclusion of Sales contract
Where there is a picture of a Product on the Site, it generally corresponds to the photographic image of the same. Taking into consideration that the main objective to illustrate them is for sales purposes, Pagani Bike gives no warrant -explicit or implicit about the exact likeness of the image shown on the Site to the real product, above all for what regards the dimensions and chromatic aspects.
The publication of Products and/ or Services on the Site, is an invitation to the users to formulate a proposal of purchase to Pagani Bike. Every order sent by the Consumer or Customer integrates a contractual proposal (“Order”) and constitutes specific acceptance of these General Conditions. During the phase of the formulation of the Order and also afterwards, it is possible for the Consumer or Customer to modify the data inserted in the relevant boxes at any moment. If a particular Product and/or Service is shown in an area of the Site different to those intended for purchasing operations, or it is not possible to select the icon “Proceed to purchase”, it means it is not available for purchase.
The Consumer or Customer will proceed, therefore, to check the data inserted in the Order, confirm it and transmit it to Pagani Bike by clicking on “Proceed to purchase”. To go on, it is necessary to read and accept the General Conditions and the Specific Conditions where applicable. After receiving the Order, Pagani Bike will automatically send an e-mail to confirm the receipt of the Order and the details in it and all the relative data for the purchase, i.e. the type of Products and/or Services requested and their relative costs.
Pagani Bike has the faculty to accept or not the Orders received. In the case of non-acceptance of the Order, the Consumer or Customer has no rights or cannot bring about any claims against Pagani Bike. The sales contract is concluded (i) at the moment of acceptance of the Order on the part of Pagani Bike sent to the e-mail address of the Consumer or Customer, or (ii) by tacit agreement if 48 hours have elapsed from the receipt of the order (the Sales Contract).
When the the Order has been accepted, Pagani Bike, will proceed with the dispatch of the selected Products and communicated to the Consumer or Customer via electronic post.
Every Sales Contract will be filed by Pagani Bike through an electronic system where it can be seen, where necessary, both by the staff of Pagani Bike or by third parties who need it for the execution of the Sales Contract.
III) Prices of Pagani Bike Products and Services – Availability of the Products
The prices published on the homepage or in the different parts of the Site dedicated to every single Product and/or Service, include V.A.T. They do not include taxes or duties that may be applicable in the countries of destination of the Products and/or Services which are different to Italy. These costs, which vary from Country to Country, are to be paid by the Customer, whose duty it is to verify the sum from the competent customs authorities.
The cost of every dispatch must be added to the cost of every single Product and/or Service. This sum can vary on the base of the method of delivery and payment and also in relation to the Country of destination.
The full sum due for the Products and/or Services selected will be clearly indicated and communicated to the Customer before the conclusion of the Sales Contract.
The prices shown on the Site are subject to possible variations and/or modifications by Pagani Bike with no obligation of notification to the Consumer or Customer. One of the reasons for the increases (among others), could be increases decided by the suppliers Pagani Bike. For what regards the Sales Contracts concluded before the publication of the above-mentioned modifications, but still in progress, the prices in force at the time of the receipt of the Order will be applied.
IV) Method of payment
The payments for the execution of a Sales Contract can be made by credit card or the PayPal system. The customer must indicate the method of payment selected when they make the Order. If the Customer decides to pay for the Products and/or Services by credit card or PayPal, the complete amount due for each Sales Contract will be debited at the moment of the dispatch of the selected goods or the previous working day to the dispatch.
Pagani Bike reserves the faculty to ask the Consumer or Customer, at any time, to send further information and/or documents proving the legal ownership of the credit card used for the completion of the Sales Contract.
If the Consumer or Customer chooses not to comply with the requests, Pagani Bike reserves the faculty not to accept the Order, or to back out of the completed Sales Contract, communicating this in good time to the Consumer or Customer to the electronic address indicated on the Order.
The payment through PayPal will come about by redirecting to the PayPal site where the procedure of the transfer of the amount due to Pagani Bike can be completed. The financial details of the Customer will be directly managed by PayPal and not shared with Pagani Bike. The complete amount due for each Sales Contract will be debited at the moment of dispatch of the selected Products and/or Services or on the previous working day.
V) Delivery of the products
The delivery times indicated on the Site are approximate, depending on the time it takes for Pagani Bike to have the Product ordered by the Customer available and then to proceed with the dispatch and delivery to the Consumer or Customer.
For what regards the delivery of the Product ordered to the Consumer or Customer or a third party indicated by the Consumer or Customer, the times to be considered are those indicated. These times can be different from indicated because of contemporaneous access of users or third party suppliers out of the control of Pagani Bike. Pagani Bike therefore does not commit itself to guarantee full respect of the delivery times indicated on the Site and/or on the Order, nor does it hold itself responsible for any delays. The Consumer or the Customer cannot hold Pagani Bike responsible for delay in the clearing of the order or in the delivery of the Product which is the object of the Sales Contract.
All the dispatches will be at the risk of Pagani Bike. The risk will be transferred to the Consumer or Customer at the moment of delivery of the goods unless the courier has been chosen by the Consumer or Customer. The presence of the Consumer or Customer or a delegate is requested at the moment of delivery. In the case none of these are available at the moment of delivery, the courier will leave a notice stating that the second delivery will be the next working day and a telephone number to call in case of the necessity to change the date.
The execution of the Order will be suspended and will stay in the office of the courier and if delivery is not possible, after 5 days, the Product will be returned to the Pagani Bike warehouse. When this happens, the Consumer or Customer will be contacted by the Customer Services of Pagani Bike and can decide for a second delivery or a reimbursement of the entire Order (obviously excluding cash on delivery).
If the second delivery is unsuccessful, the procedure for reimbursement of the Order will be activated. The respective Sales Contract will be automatically and definitely annulled and Pagani bike reserves the right to the major part of the damage. In the cases of “force majeure”, unavailability of transport, unforeseeable events, Pagani Bike reserves the right to annul the Sales Contract, or to divide up, postpone or cancel – all or in part – the scheduled delivery, in the case where such events provoke delay in the delivery or they render it difficult or impossible and/or cause a significant increase of cost to Pagani Bike. If this happens, Pagani Bike must . immediately communicate its intentions by e-mail to the Customer. In such cases, the Customer will have the right to obtain a reimbursement of any money paid ,excluding any claim for damages against Pagani Bike.
VI) Right of withdrawal of the Customer – withdrawal of Pagani Bike
According to the new regulations of the Consumer Code brought into being by Digs. 21/2014, the customer has the right to back out of a purchase without any penalty and without specifying the reason. In such cases, the customer must communicate their decision to the Customer Services of Pagani Bike by electronic post, or registered post with receipt to be sent within 14 working days from the receipt of the Products and /or Services selected.
The return of the Products, object of the withdrawal, is at the expense of the Customer and by a courier of their choice and must be sent to the following address: Pagani Bike di Alessandro Pagani, Vicolo Scuole 7 – 10078 – Rivarossa, Torino (Italia).
To make the right of withdrawal operation valid, the Consumer or Customer must respect the following conditions and methods: the withdrawal can apply to a limited extent to single Products object of a Sales Contract, however, the withdrawal cannot apply to only a part of a single Product purchased. The products must be returned in their entirety including the packaging and seals and all the relevant documentation. If the Product, object of the right of withdrawal, arrives at Pagani Bike damaged, Pagani Bike will immediately inform the Consumer or Customer who can then proceed with a claim against the courier chosen for the return of the goods; Pagani Bike will in no way be liable for damage, theft or loss of returned goods. Every risk will be exclusively at the Consumer or Customer’s expense.
When the goods have been checked, Pagani Bike will then reimburse the entire sum paid for the Products and/or Services and object of withdrawal within 14 days of receipt.
The reimbursement will come about by using the details of the credit card given at the moment of the formulation of the Order, or by a bank transfer using the bank details given by the Consumer. If the Consumer or Customer should violate all or a part the regulations set out in these Terms and Conditions concerning the withdrawal of products, Pagani Bike will consider the Sales Contract still valid and will provide for the wrongfully returned goods to be sent back to the Consumer or Customer charging the latter for the relevant dispatch expenses. Pagani Bike has the right to withdraw from any concluded Sales Contract by sending a communication via electronic or registered post as it also has the right not to accept any Order from users or Customers who have not behaved in a regular way, or those who have not accepted the Products purchased by cash on delivery, or who are suspected of violating the law or are under an order from a judiciary authority.
VII) Guarantee – Returned goods
If the Products or Services benefit from a conventional guarantee recognised by the producer, any defects, flaws or diversities must be reported directly to the producer as indicated on the packaging of the Product or in the illustrative brochure. Unless thereis a change of law, Pagani Bike declares to have no responsibility regarding defects, flaws or diversities of the product.
The guarantee for the Consumer or Customer the law D.Lgs. 206/2005 and its subsequent modifications remains. In such a case, the Consumer or Customer will lose the guarantee unless, the defect is reported to the Customer Services of Pagani Bikes within 2 (two) months from the date of the discovery. Pagani Bike will make every reasonable effort to substitute the defected product, within a reasonable period of time and at its own expense. Where this is not possible, or the substitution proves to be too costly for Pagani Bike, the Consumer or Customer will have the right to annul the Sales Contract and consequently obtain a reversal of the sum paid for the purchase and dispatch of the Product ruling out any further responsibility of Pagani Bike of any kind. Should the Consumer or Customer find any diversities between what was ordered and what was received, and in particular any problem concerning the physical integrity, the equivalence or completeness of the products received, s/he must inform the Customer Service office of Pagani Bike immediately.
The Customer Service will give indications as how to resolve the problem, and where possible will organise the dispatch of the missing articles, the substitution of faulty articles or a reimbursement. The Consumer or Customer will not be requested to return the faulty articles, or those received by mistake at his/her expense.
VIII) Communications and complaints
All communications and any complaints against Pagani Bike must be addressed to the Customer Service office of Pagani Bike.
IX) Regulatory body – competent court
These General Conditions are subject to Italian law as every Sales Contract is subject to Italian jurisdiction. Every dispute regarding the General Conditions or the Sales Contract will be given to the competent court of Torino, notwithstanding the applicability of the mandatory laws which protect the Consumer.