TERMS & CONDITIONS
INTRODUCTION
These terms and conditions of use (the "Terms of Use") set out how to access and use the Bikeflip website. The user who intends to register on Bikeflip website for the purchase and sale of bicycles and bicycle components must accept these Terms of Use during the registration process of his account. The user must also read and accept the Privacy Policy.
Bikeflip reserves the right to unilaterally amend and/or supplement these Terms of Use. Amendments will be effective when the updated version of this document is accessible through the Site.
By accepting these Terms of Use and the subsequent amendments and/or supplements, the user undertakes to fully respect and abide by them.
These Terms of Use do not have the effect of creating a partnership (regardless of its legal form) between Bikeflip and users, nor relationships falling under employment law, nor a relationship between a commercial agent and the latter's client, nor a franchise relationship.
Should any provision of these Terms of Use prove to be invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect the validity, effectiveness or enforceability of the other provisions contained in these Terms of Use.
WHO WE ARE
Bikeflip S.r.l. is an Italian company with registered office in Rovereto (TN), Piazza della Manifattura n. 1, enrolled in the Trento Register of Companies, VAT/c.f. 02606780225 ("Bikeflip").
For further information please consult the legal information on our website and accessible here: [...].
WHAT IS BIKEFLIP
Bikeflip is a marketplace on www.bikeflip.com (the "Site"), through which users can sell and/or buy from other users, in both B2B, B2C and C2C forms, bicycles and related components, new and/or used (the "Articles").
Bikeflip does not sell or purchase for its own account the Articles shown on the Site and is not a party to any transaction between Users.
WHO CAN SELL AND BUY ON OUR SITE
Only users who register on the Site through their own account, by entering a valid e-mail address and password (the "Account"), may sell and/or purchase Articles by executing transactions. For users under the age of 18 years old, the use of the Site must be through registration by and under the supervision of an adult.
Users of Bikeflip Site can be:
· individuals acting as consumers within the meaning of the Consumer Rights Directive 2011/83/EU and the relevant national implementing laws (the 'Consumer Users');
· shops, companies, sole proprietorships, no-profit organisations and any other entity marketing the Articles in the course of its business activity (the 'Business Users').
Consumer Users and Business Users are both referred to as the 'Users' and, individually as the 'User'.
The terms and conditions of use of the Site by Consumer Users and Business Users are governed by specific provisions, respectively accessible here: https://www.bikeflip.com/it?modal=imprint.
ARTICLES THAT CAN BE SOLD ON BIKEFLIP
The Articles that can be sold and purchased on our Site are:
- bicycles of all kinds (city, MTB, etc.);
- components (including: pedals, wheels, frames).
It is not possible to sell:
- cycling clothing and more;
- accessories for cycling and other sports activities.
Bikeflip may amend the above Articles at any time and the amendments shall be effective when the updated version of this document is accessible via the Site.
Bikeflip will check the Articles offered for sale by Users and will immediately remove advertisements relating to those that are unsaleable under this clause.
HOW TO SELL ARTICLES THROUGH BIKEFLIP
Placing Articles for sale and selling Articles through Bikeflip is free of charge for the Consumer User.
For the Business User, fee-based conditions apply, which can be found at the following link [...].
In order to create an ad for sales on the Site, the User must log in to it through his Account.
Once logged in with his Account, the User must enter the "Sell" section and complete the relevant procedure which provides: (i) the selection of the Article's category between "Bikes" and "Components", (ii) the indication of the Article's general information, (iii) the uploading of a maximum of 10 photographs of it in its entirety, (iv) the detailed description of the Article and its feauters, (v) the delivery terms, (vi) the price offered, (vi) the User's contact information.
A maximum of 3 (three) sales advertisements may be associated with each Consumer User.
The description and photographs of the Article must reflect the actual quality and external appearance of the Article, as well as any defects or alterations in it.
The User shall in no way upload and / or place on the Site content, expressions and / or photos and / or images deemed immoral, contrary to the sense of common decency, which constitute forms of discrimination (including those of sex, race, religion, political opinions, personal or social conditions) and / or incitement to illegal or violent behavior and / or otherwise likely to damage the reputation and / or the honor of Bikeflip, the Users and / or other third parties, or otherwise may generate activities so-called "flaming". In this regard, in case of ascertainment of the above circumstances, Bikeflip reserves the right to immediately remove the content produced by the User, as well as to delete the relevant Account, without prejudice to compensation for any damage, including image damage. In any case, the User shall indemnify and hold Bikeflip fully harmless against any request and/or claim of third parties, including financial and in the form of sanctions, arising from the violation of the provisions of this clause.
The User may immediately publish his or her advertisement for sale or save it as a draft and then edit and publish it later. The User may at any time edit his/her already published advertisement, as well as temporarily hide it and/or remove it by changing the relevant settings in his/her Account.
HOW ARTICLES ARE PRESENTED ON BIKEFLIP
Sale advertisements are classified by Bikeflip into categories and subcategories and subdivided according to the type of Articles and their characteristics.
These ads are presented on the Site to Users, depending on the criteria selected by the latter. In particular, Users will be able to skim the sale advertisements by indicating their preferences within the Site in the 'Filters' section, where it will be possible to choose among the different characteristics of the Articles (e.g. brand, model, price, condition, size, year of production, colour, genre). The search filters will be different depending on the type of Articles selected by Users. The search can only be saved and modified if Users access the Site through their Account.
Ads are automatically sorted according to the criteria and filters selected by users.
HOW TO PURCHASE ARTICLES THROUGH BIKEFLIP
In order to purchase Articles through Bikeflip, the User must log in to the Site with his or her Account and select the desired Item, clicking on the relevant sale ad. The User may proceed with the purchase of the Item by contacting the seller directly in the appropriate section and obtain more information about the Item itself, its price and the shipping and delivery terms, or he/she may purchase the Item safely, taking advantage of the services of Bikeflip as specified below.
The purchases made through direct contact between Users and without using the services of Bikeflip remains entirely and exclusively the responsibility of the Users themselves.
BIKEFLIP 'BUY SAFE' SERVICE
Bikeflip offers a service that allows Users to protect their purchases, through a secure payment method and an insured shipment of Articles ("Buy Safe"). Buy Safe is not an insurance or legal protection service, but a service offered by Bikeflip. It does not replace the legal rights or guarantees of Users.
Protected purchases
To use the Buy Safe service, the purchasing user must select the relevant option at the time of purchase by clicking on the 'Buy Safe' button.
Payment for the Item shall be made through the Site, by credit or debit card or through PayPal or any other payment method that may be entered from time to time. The money will not be paid immediately to the selling User, but will only be transferred to him after the Buying User has received delivery of the Item and has accepted it.
The User shall in fact have the possibility of obtaining a full or partial refund if:
- the Article received differs considerably from the one in the relevant sales ad;
- the Article received is damaged or defective or broken;
- the Article is not delivered.
Within 48 hours of receipt of the Item or after the deadline for delivery, the User buyer may report to Bikeflip any of the above problems, by accessing the Site in the "Purchases&Sales" section and clicking on "report a problem". In this section, the buying User shall enter the subject of the request, a description of the problem encountered and the details for the possible return of the item to the selling User.
Bikeflip will suspend the transaction in favour of the selling User until the issue is resolved and will contact the buying User, via the email address provided by the latter during Account registration, to verify the correctness of the complaint.
The Article shall be considered damaged or defective or broken if it presents a clear aesthetic, technical and/or functional alteration, such as to render it inconsistent or unsuitable and/or unsafe for the use legitimately expected by the User.
The Item will be significantly different from the one included in the relevant sale advertisement in the event that it presents relevant characteristics (including type, dimensions, colours, models) that are different and such as to affect the use and appearance of the Item itself as legitimately expected by the purchasing User based on the description and photographs included in the sale advertisement. Minor and/or inconsistent discrepancies shall not be considered valid for the purposes of this return policy.
If Bikeflip, in its sole discretion, confirms the claim, it will cancel the transaction and send the buyer an integrated return shipping label to Bikeflip itself, which, in turn, will return it to the Seller User. The buying User will receive a full refund of the payment made in the same manner in which it was made.
48 hours after delivery of the Item without the buyer reporting any problems, the Item shall be deemed to be definitively accepted and the relevant price shall be paid by Bikeflip to the seller User in his Virtual Wallet and subsequently to his bank account.
Users agree to abide by the complaint procedures described in these Terms of Use and to cooperate with Bikeflip to enable Bikeflip to make the best decisions in relation to any complaints and/or issues based on the objective criteria set out in these Terms of Use. In this respect, Bikeflip shall not assume any liability in relation to the Article during the verification phase of the subject matter of the complaint.
Secure payments
Payments through the Site are processed by Bikeflip in partnership with Stripe. Stripe is a payment processing service through credit cards, debit cards, PayPal, or any other payment method linked to an IBAN code of a bank account where transactions are processed. Bikeflip does not process payment data directly: it is handled by Stripe in complete safety, security, and compliance with applicable regulations.
Sellers shall configure on the Site their own virtual wallet on which to receive transactions in total security (the 'Virtual Wallet'), following the relevant procedure.
Once the transaction is completed, the price of the Item will be transferred to the selling User to his Virtual Wallet and subsequently to the User's bank account, which the latter has associated with the Virtual Wallet.
Bikeflip supports its Users in using the Virtual Wallet and provides related assistance. Users must provide accurate information associated with credit cards, debit cards and any other payment methods offered on the Site.
Without prejudice to ongoing transactions, Bikeflip reserves the right to suspend and/or discontinue, with separate notification where possible, the availability of any service for commercial and/or technical reasons.
Insured shipping
Shipment of safely purchased Articles will be handled entirely by Bikeflip, with its own trusted couriers and at a cost borne by the Buyer.
Bikeflip will provide the selling User, within four (4) days from the latter's acceptance of the purchase proposal, with sturdy, custom-made packaging for each Item. The selling User will be able to book collection of the packed Item through the Site and Bikeflip will provide him with an automatically generated pre-paid shipping label. If the selling User does not book a pick-up within 15 (fifteen) days of receipt of the packaging, the sale of the Item will be deemed cancelled by Bikeflip and the purchasing User will be refunded.
In any event, collection of the Article shall not take place earlier than five (5) days after acceptance of the sale of the Article by the selling User.
Once the item has been shipped, the purchasing User will be able to track the status of the delivery using the Shipment Tracking System accessible through the appropriate link on the Site. The Shipment Tracking System exclusively reflects the tracking information provided by the courier responsible for the package.
In the event of loss of the Item, Bikeflip will cancel the payment transaction and refund to the buying User the payment made. The selling User will receive compensation for the price of the Item, unless the loss is not attributable to him.
THE COST OF BUYING SAFELY
For the Buy Safe service Bikeflip shall charge the Buyer a fee equal to 5% of the price of the purchased Item (including applicable taxes on the price of the Item). The amount of the fee will be quantified in Euro in the order summary, which can be viewed by the buyer prior to finalisation of payment.
The cost of Bikeflip's Buy Safe service always includes VAT.
It is understood that Bikeflip shall in no way be involved in purchases made outside the Site and disclaims any liability arising out of or relating to such purchases.
HOW BUYING AND SELLING WITH BUY SAFE WORKS
After the Buyer selects the Item, he will be taken to the order summary where he will be shown (i) the characteristics of the Item, (ii) the total cost, including the price of the Item, the shipping costs and the costs of the Buy Safe service. By clicking on "proceed" the User will be directed to Stripe to process the payment.
Once payment has been made, Bikeflip will contact the Selling User with the purchase proposal. The Selling User will have 48 hours to accept or reject the purchase proposal. In case of acceptance, the Selling User must notify Bikeflip indicating the coordinates for the withdrawal of the Item. If 48 hours have elapsed without the Seller User having accepted the purchase proposal, it shall be deemed to have been rejected.
Prior to collection of the Item by Bikeflip's courier, the selling User will receive special packaging with instructions and a pre-paid shipping label. In this regard, the selling User undertakes to follow the packaging instructions, it being understood that Bikeflip cannot be held liable in any way with regard to any problems arising from non-compliance with the packaging instructions.
Bikeflip will collect the Item and deliver it to the buying User. If, within 48 hours of delivery, the buying User does not raise any complaints about the received Item, Bikeflip will transfer the price of the Item to the virtual wallet of the selling User and, subsequently, to his bank account.
The Buying User shall have the option of cancelling its purchase proposal as long as the selling User has not accepted it. In this case, Bikeflip will inform the selling User, who may contact the buying User via the chat system on the Site. If the Users do not reach an agreement on the proposed purchase, Bikeflip will refund the full payment to the selling User.
The selling User may refuse the sale of its Item no later than 48 hours after the relevant purchase proposal. In this case, Bikeflip will inform the buying User and reimburse him in full for the payment made.
The User purchasing through the Site with Buy Safe will be party to two separate agreements: (i) a purchase and sale with the selling User and (ii) a service agreement with Bikeflip.
Both the Buyer User and the Seller User acknowledge that through the Buy Safe procedure a legally binding agreement is established between them when the Seller User's acceptance reaches the Buyer User.
The User who uses Buy Safe acknowledges and agrees to enter into a legally binding agreement with Bikeflip in respect of and in accordance with these Terms of Use.
USER CHAT ON THE SITE
Bikeflip's chat system on the Site has the sole purpose of allowing Users to share information about Articles, before and after their purchase.
Users may not send via the Site's chat:
- messages for advertising purposes;
- spam or content spreading viruses or so-called 'worms';
- mass mailings of any kind;
- messages containing texts contrary to public safety and morality, with inappropriate, insulting and/or defamatory content and/or in any case of an unlawful nature and with the aim of causing damage of any kind to other Users and/or third parties.
In such cases, Bikeflip reserves the right to delete the User's Account from the Site and to remove any sales advertisements associated with it, without prejudice to compensation for damages.
LIABILITY
All Users are fully responsible for the information they post on the Site as well as the Articles they offer and sell to other Users through the Site. Users therefore acknowledge and agree that they are fully responsible for any Articles uploaded to the Site, as well as for the description, photographs and any information and features posted on the Site and statements made to other Users, including private messages through the chat system and reviews.
Users are solely responsible to other Users with respect to disputes that may arise between them, except in cases where such disputes are caused by Bikeflip's failure to comply with its obligations in relation to the Buy Safe service. In any case, any liability of Bikeflip shall not exceed the price of the Article published on the Site.
Users acknowledge and accept that Bikeflip shall in no event be liable for any damage and/or loss suffered by other Users and/or third parties in connection with the Articles, as well as a result of a breach by Users of these Terms of Use. In particular, by way of example and without limitation, Bikeflip shall in no event be liable for: (i) the safety, quality and quantity of the Articles that Users sell or purchase through the Site, nor of the conformity of them with the description and photographs provided; (ii) the actions or omissions of Users, (iii) the adequacy, accuracy, exhaustiveness and/or lawfulness of any content produced by Users on the Site; (iv) any problems relating to transactions, except as expressly provided for against Bikeflip by these Terms of Use.
Users must use the Site correctly and comply with all laws, rules and regulations that are applicable to them. In particular, Users must refrain from (i) infringing the rights of third parties, including intellectual property rights; (ii) offering Articles for sale that violate laws or regulations; (iii) inciting the commission of crimes and/or acts based on discrimination, hatred or violence due to race, ethnicity or nationality; (iv) communicating incorrect or confidential information; (v) posting content or reviews that are defamatory, abusive, unlawful or otherwise contrary to public order; (vi) posting the personal data of other individuals or violating their privacy.
Bikeflip acts as a mere intermediary between Users. If a User reports misconduct by another User to Bikeflip, Bikeflip may provide assistance to the party concerned. Where required, Bikeflip will also cooperate with the local authorities.
Bikeflip is not responsible for content created by Users. Users remain solely and exclusively responsible for their content. Therefore, they acknowledge and accept that Bikeflip has no contractual obligation to carry out any verification of the content or articles published and that it cannot in any case be held liable for any damages and/or losses suffered by Users and/or third parties in connection therewith. In this regard, Bikeflip will remove from the Site any illegal content that has been duly reported to it by Users and/or third parties.
If an Item has any problems with the safety and quality of the product, Bikeflip will not be held liable in any way and advises Users to stop using the Item immediately.
Bikeflip is not responsible for any tax or reporting liabilities that may arise for Users from activities carried out through the Site. The Users themselves are solely responsible for any tax reporting obligations that may arise from applicable legislation.
In compliance with applicable laws and regulations, Bikeflip takes all appropriate measures to protect the security of the data provided by Users and to prevent the services offered from compromising the data and software stored on Users' computers, tablets or smartphones. However, even if appropriate measures are taken and comply with legal requirements, Bikeflip's systems may still be compromised by unforeseeable events such as cyber attacks or security breaches affecting data transmission or affecting the volume and speed of data transmission. In this regard, Users shall take all appropriate measures to protect their data and/or software, in particular from contamination by any viruses circulating on the Internet.
The Site and the information and content contained therein are provided by Bikeflip without warranties of any kind. Bikeflip (and its agents, affiliates, licensors and suppliers) disclaim all warranties, express and/or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Bikeflip (or any of its agents, affiliates, licensors, or suppliers) be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Site, the posting of for sale listings of Articles, the Buy Safe service, including, without limitation, damages deriving from the use of the Site by unauthorised Users and/or not in compliance with these Terms of Use, third party claims in relation to possible violations of third party rights, inaccessibility and interruptions of the Site, or from problems in any way connected to the network, telephone lines, failure and/or malfunction of Users' electronic equipment.
USER COMMITMENTS
Users undertake to fully comply with these Terms of Use and, in any case, also with the following rules on the use of the Site:
§ when registering on the Site, provide true information about himself (including, without limitation, his name and e-mail address);
§ register on the Site only once and do not create more than one Account unless (i) the User wishes to have a Personal Account and a Business Account; in which case the User may not register using the same email address and furthermore both Accounts must be clearly separated, i.e., the Personal Account may not be used for commercial sales and vice versa (ii) a third party unlawfully accesses the User's Account; in this case the User may create another Account only after informing Bikeflip of the third party's unlawful access and only after Bikeflip has blocked the original Account;
§ not to use the Site with the intention of engaging in unlawful or fraudulent actions or transactions;
§ provide objective information and prices in a correct, comprehensive, and detailed manner of the Articles;
§ have the right to transfer ownership of the Articles offered for sale;
§ not to copy content or information appearing on the Site and uploaded by Bikeflip or other Users of the Site;
§ not to use the content or information on the Site for unlawful purposes;
§ offer, sell, purchase and/or transfer Articles in violation of third party intellectual property rights, such as trademarks and/or other signs to the extent that they are protected by applicable law (such as, for example, distinctive company signs in some jurisdictions), design rights and/or copyrights;
§ not infringe the property rights and/or personal rights of third parties (including intellectual property rights);
§ not violate applicable laws and/or regulations and act contrary to public safety and/or morality;
§ not to use (in particular share and/or publish) programs and/or computer files that contain viruses, or that may (i) interrupt the normal operation of the Site and/or Services, (ii) infect Users' computers and, as a result, cause loss and/or damage to other Users and third parties and to Bikeflip;
§ not offer and/or share and/or otherwise promote links to other websites and/or companies that provide services similar to those offered by Bikeflip and the Site;
§ not offer, share or otherwise promote links to other websites or companies that provide services similar to those offered by Bikeflip and the Site;
§ not carry out actions known as data mining, screen scraping or scanning ('crawling') any part of the Site;
§ not disassemble, decompile or reverse engineer any part of the Site;
§ not adapt, copy, vary, modify, disseminate, or market any Content of the Site.
Users agree not to collect, simultaneously hold, transmit to third parties, make public, publish or disclose the data of the Site Users or the data relating to the actions of the Site Users, including transactions, their number, type, price, etc.
Users undertake not to collect, simultaneously hold, transmit to third parties, make public, publish or disclose the information that appears on the Site, if this could infringe the rights of other Users, including, but not limited to, intellectual property rights or privacy rights. This restriction does not apply to the "share" function that exists on the Site and which allows Users to share public information available on the Site, as well as to send such information to themselves or others.
You undertake to keep your Account login and password confidential and not to disclose your login or password to third parties. The User is solely responsible for all activities that occur under his/her Account.
The User agrees to immediately update any information on the Site that is no longer current or accurate, including information relating to Articles, and information provided by the User during registration on the Site and information in the Account.
When using the Site, the User declares:
§ (i) that he/she is a natural person and is at least 18 years old (if not, his/her parents or legal tutor must register in his/her place and supervise the minor's use of the Site), (ii) that he/she has full capacity and all rights to carry out transactions on the Site;
§ that he/she is aware of and fully responsible, in accordance with these Terms of Use and applicable law, for the performance of his/her obligations in connection with the purchase and sale of Articles;
§ that I am aware that I am liable to pay the costs of the services provided by Bikeflip.
In the event of one or more violations by the User of the rules set out in this clause, Bikeflip reserves the right to immediately remove the relevant Account from the Site, without prejudice to compensation for damages.
LEGAL GUARANTEES
Bikeflip does not sell or purchase for its own account the Articles displayed on the Site and is not a party to any transaction between Users; therefore, Bikeflip makes no warranties with respect to the Articles purchased through the Site.
The selling User, whether Consumer or Business User, shall be solely liable for material defects and/or flaws in the sold Item and shall be obliged to provide to the purchaser all guarantees provided for in this respect by applicable statutory provisions, as well as any further contractual guarantees.
If the transaction involves the purchase, by a Consumer User, of an Item from a Business User, the provisions set out in the B2C General Terms and Conditions of Sale, accessible at the following link, shall apply: [...].
PROCESSING OF PERSONAL DATA
Bikeflip, as data controller, undertakes to process the personal data of Users, conferred in the context of registration to the Site and the use thereof, in compliance with Regulation (EU) 2016/679, Legislative Decree 196/2003 and, in general, the applicable legislation on the protection of personal data.
For information on the processing of personal data Bikeflip invites Users to read the Privacy Policy available on the Site.
CONTACTS
For any information concerning these Terms of Use, Users may send an e-mail to the address:
- Italian: ciao@bikeflip.com;
- German: hallo@bikeflip.com;
- English: hi@bikeflip.com.
In any case, for any information concerning the Platform and to lodge any complaints, Users may:
a) call +39 320 6257475 active Monday to Friday from 8.30 a.m. to 12.30 p.m.
b) send a communication to the PEC address: bikeflip@pec.it or to the address: ciao@bikeflip.com.
INTELLECTUAL PROPERTY
Bikeflip is the owner of all intellectual property rights relating to the Site, which means its system, the layout and design of the Site, the software used by and for the Site, the trademarks and domain names used by and for the Site.
The submission of information or data, in particular photographs on the Site, or other material and content entails the granting by Users to Bikeflip, free of charge, of a non-exclusive licence to use them worldwide, which shall apply for the duration of any applicable rights (and their potential extensions). This licence includes the right to use, copy, reproduce, display and adapt such content. Bikeflip may use said content, in any media known or unknown to date for operational, commercial, advertising and internal purposes, which the User accepts. It is understood that the User is solely responsible for the content and confirms that he/she owns all rights to it.
Bikeflip may, without prejudice to applicable data protection laws, transfer and/or assign to third parties all rights and obligations under these Terms of Use, in particular in the event of a transfer of a line of business, a merger by incorporation of a new company, a demerger or any change of control affecting Bikeflip itself, provided that this does not reduce the protection of the rights of the consumer. Such transfer releases Bikeflip from all obligations as operator of the Site, in particular towards its Users and visitors for the future. In the event that Bikeflip transfers and/or assigns such rights and obligations under these Terms of Use to a third party, it shall inform Users of such transfer and/or assignment and the User shall be entitled to immediately terminate its contractual relationship with Bikeflip and close its Account. Users may not transfer or assign any or all of their rights or obligations under these Terms of Use.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by Italian law.
In the event of a dispute between the User and Bikeflip, Users may first contact Bikeflip in order to reach a consensual and amicable settlement.
In any case, any dispute between Users and Bikeflip shall be deferred to the exclusive jurisdiction of the Court of Milan.
B2C GENERAL TERMS AND CONDITIONS OF SALE
These B2C General Terms and Conditions of Sale apply to all sales made through the Site by Business Users to Consumer Users, in addition to the Terms of Use available at the following link [NOTE: insert Terms of Use].
In the event of any discrepancies between the Terms of Use and the B2C General Terms and Conditions of Sale, the latter shall prevail in the context of purchases made between Consumer Users and Business Users.
RIGHT OF WITHDRAWAL
Pursuant to the Consumer rights Directive 2011/83/EU and applicable national consumer rights laws, a Consumer User purchasing from a Business User may exercise the right of withdrawal within 14 days from the day following the date of delivery of the Item. If this term falls on a Saturday, Sunday or public holiday, it shall be extended to the first working day thereafter.
This right of withdrawal is excluded if the purchased item falls under one of the legal exceptions.
In order to exercise the right of withdrawal, the Consumer User must give written notice of withdrawal to the Business User also through the use of the withdrawal form in Annex 1 [NOTE: insert] of these Terms and Conditions. In case of purchase with the service Buy Safe, the notice of withdrawal must also be communicated by the Consumer User at the same time to Bikeflip. Any costs incurred by Bikeflip due to delays in the transmission of the notice of withdrawal shall be borne by the Consumer User.
Following the exercise of withdrawal, the Consumer User shall return the Article to the Business User without undue delay and, at the latest, within 14 days after the day on which you have communicated your decision to withdraw in accordance with the above provisions. The costs of returning the Article shall be borne by the Consumer User, unless otherwise agreed with the Business User.
The Business User will refund the price of the Item to the Consumer user within 14 days of receipt of the return, provided that the Item is in the same condition as when it was sold. The refund will be made to the same payment method used for the purchase.
LEGAL GUARANTEES
The Consumer User benefits from the legal guarantee of conformity to which the Business User is legally bound in respect of each Article.
The legal warranty guarantees the goods against conformity defects with the sales contract.
Pursuant to the law, in the event that the legal guarantee is applicable, the Business User shall be entitled to have the conformity of the Article restored free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or to termination of the contract. The Business User shall then be liable for conformity defects if they become apparent within a period of two years from the date of delivery of the Article.
The consumer user shall report the conformity defect within two months from its discovery.
The Business User remains solely responsible for the sale of the Items and must deal directly with all complaints and/or problems inherent or relating to the contract with the Consumer User, including taking over legal warranty obligations.
APPLICABLE LAW AND JURISDICTION
Purchases made by the Consumer User under these B2C General Terms and Conditions of Sale shall be governed by the law of the Consumer User's country of residence.
Any dispute arising from the above contracts shall be submitted to the exclusive jurisdiction of the Court of residence of the Consumer User.