Art. 1 – General provisions
1. The user navigating in this area accesses www.cybroindustries.it, via the url: www.cybroindustries.it. Browsing and the transmission of a purchase order on the site implies acceptance of the Data Protection Conditions and Policies adopted by the site and indicated therein.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Italian Legislative Decree 206/05 amended by Italian Legislative Decree No. 21/14 and Italian Legislative Decree 70/03) by
Society Cybro Industries srl Headquarters: Via Tridentina 3, Bassano del Grappa 36061 , VI VAT number: 04229930245 Registered in the REA, number VI – 389145 CAMBIARE SEDE CON VIA TRIDENTINA
3. Before accessing the products supplied by the site, the user is required to read these General Terms and Conditions of Sale, which are generally understood and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale whose terms www.cybroindustries.it reserves the right to modify at any time. It is understood that the conditions signed at the time of the order are valid for the user.
5. The site can be used and the products supplied by the site can be accessed and purchased in the following languages: Italiano, Inglese e Tedesco
Art. 2 – Subject
1. These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.cybroindustries.it and do not, however, regulate the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before sending orders and purchasing products and services from different parties, we suggest checking their terms of sale.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the order form in electronic format and send it following the relative instructions.
2. This contains reference to the General Terms and Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the delivery methods for the purchased products and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal and the methods and timeframes for returning the purchased products.
3. Before concluding the contract, the Customer will be asked to acknowledge having read the General Terms and Conditions of Sale, which include information on the right of withdrawal and personal data processing.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. L’utente procede al pagamento del prezzo nel corso della procedura di inoltro dell’ordine on line. Ciò avverrà cliccando sul tasto 5. The buyer will be obliged to complete payment from the moment the online order submission procedure is completed. This will be done by clicking on the button (button text) at the end of the guided process.
6. Only once received the payment with the mode chosen by the user, the seller takes charge of the order for its execution, and this within 48 h maximum. (excluding holidays and pre-holidays). Within this period, the seller may communicate the inability to process the order and will proceed to the immediate re-credit of sums paid.
Art. 4 – Registered users
1. When completing the registration procedures, the user undertakes to follow the instructions on the site and provide their personal data in a correct and truthful manner.
2. Confirmation will in any case exempt www.cybroindustries.it from any responsibility regarding the data provided by the user. The user undertakes to promptly inform www.cybroindustries.it of any variation in their data at any time communicated.
3. If the user reports inaccurate or incomplete data or if the interested parties dispute the payments made, www.cybroindustries.it will have the right to not activate or in other words to suspend the service until the related issues have been remedied.
4. On the occasion of the first request for activation of a profile by the user, www.cybroindustries.it will assign the them a username and password. The latter recognises that these identifiers constitute the system for validating user access to the Services and is the only suitable system for identifying the user; furthermore that the acts carried out via this access will be attributed to the user and will have binding force in relation to them.
5. The user undertakes to maintain the secrecy of their access data, to keep it with due care and diligence and not to transfer it to third parties, even temporarily. Failure to do so will result in inconvenience, delays and/or consequential damages.
Art. 5 – Availability of products
1. The availability of products refers to the actual availability at the time the user places the order. This availability must however be considered purely indicative until its actual confirmation, because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order.
2. Even after sending the order confirmation e-mail there may be cases of partial or total unavailability of goods. In this eventuality, the order will be rectified automatically within 7 days from its insertion, with the elimination of the unavailable product and the user will be immediately informed by e-mail.3. If the user requests the cancellation of the order, terminating the contract in the cases and within the terms of the law, www.cybroindustries.it will refund the amount paid within 7 days from the time when www.cybroindustries.it became aware of the buyer’s decision to terminate the contract.
4. Between the production of the purchased product and the delivery it takes from 3 to 6 months.
Art. 6 – Products offered
1. Cybro Industries srl markets: bicycles, bicycle accessories and clothing
2. The offer is detailed in full on our website at the link: www.cybroindustries.it
Art. 7 – Methods of payment and prices
1. The price of the products is that indicated from on the site, except where there is an obvious error.
2. In case of error www.cybroindustries.it will notify the buyer as soon as possible allowing the confirmation of the order to the right amount or cancellation. The user expressly accepts that there will not be in any case for www.cybroindustries.it the obligation to provide what is sold at the lower price erroneously indicated.
3. The prices on the site include VAT but do not include shipping costs. The prices may change at any time. Such changes do not apply to orders for which an order confirmation has already been sent.
4. Once you have selected the desired products, they will be added to your cart. Then you merely need to follow purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment.
5. Payment can be made by: Credit Card, Paypal, Prepaid Card, Bank Transfer
Art. 8 – Delivery
1. www.cybroindustries.it carries out shipments throughout the Italian territory, excluding / including the state of Vatican City and the Republic of San Marino.
2. www.cybroindustries.it will only deliver to the user’s home, provided at the time of purchase.
3. The delivery will be made, for the ITALIAN territory, on the date specified in the order confirmation, or, if no delivery date is specified, within the term estimated at the time of the selection of the delivery method and, in any case, within the maximum term of thirty days from the date of the confirmation.4. For European Union countries, delivery will be made on the date specified in the order confirmation and, in any case, within a maximum of thirty days.
5. In non-EU territories delivery will normally take place within 3 MONTHS. Different terms will be eventually specified by www.cybroindustries.it
6. If it is not possible to carry out the delivery, the order will be sent to the warehouse. In such a case, notice will be left specifying the place where the order is located and how to arrange a new delivery.
7. If you cannot be present at the place of delivery at the agreed time, please contact us again to arrange a new delivery date.
8. If, after the usual attempts at delivery, this can not take place for reasons not attributable to us, the order will return to www.cybroindustries.it and there will remain at your disposal for 15 days, then the contract will be terminated for your failure and www.cybroindustries.it can retain the amount paid up to that time as compensation.10. The shipping costs are charged to the buyer and are explicitly highlighted at the time of order placement.
Art. 9 – Transfer of risk
1. The risks relating to the products shall be borne by the purchaser from the time of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due for the same has been received, including shipping costs, or at the time of delivery if this occurs subsequently.
Art. 10 – Warranty and commercial compliance
1. The seller is liable for any defect of the products offered on the website, including the non-conformity of the items with the products ordered, under the provisions of Italian law.
2. If the buyer has signed the contract as a consumer, that is, any natural person acting on the site for purposes unrelated to any business or professional activity they may carry out, this warranty is valid as long as the defect occurs within 24 months from the date of the products’ delivery; the buyer must present a formal complaint regarding the defects within a maximum of 7 days from the date on which the defect was acknowledged by the latter; the online return form must be correctly filled in.
3. In case of ascertained defect of conformity, the user that has stipulated the contract as consumer will have the right to obtain the restoration of the conformity of the products without expenses, through reparation or substitution, or to obtain an appropriate reduction of price or the resolution of the contract relatively to the contested goods and the consequent restitution of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the buyer is entitled to cancel the purchase, without penalty and without specifying any reason, within 14 days from the date the goods are received, pursuant to art. 57 of Italian Legislative Decree 206/2005.
2. If the buyer makes multiple purchases with just one order which are delivered separately, the period of 7 days starts from the date of receipt of the last product.
3a. Any user who intends to exercise their right of withdrawal from the purchase can send an email, indicating the order number and name of the user, to:
3b. The user who intends to exercise the right of withdrawal must communicate it to www.cybroindustries.it by means of an explicit declaration, which can be sent by registered delivery to the address:
Viale delle Fosse, 30
36061 Bassano del Grappa
4. The buyer may exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively submit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (non-mandatory).
5. The goods must be returned to:
Viale delle Fosse, 30
36061 Bassano del Grappa
6. The goods must be returned undamaged in the original packaging, complete with all parts and with the tax documentation attached. Without prejudice to the right to verify compliance with the above, the site will refund the value of the goods subject to withdrawal within a maximum period of 7 days, including any delivery charges.
7. According to Art. 56 paragraph 3 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the site can suspend the refund until the goods are received or until the customer provides proof that the goods have been returned.
8. The right of withdrawal will not apply in the event that the services and products of www.cybroindustries.it are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will provide the refund using the same payment method chosen by the buyer at the time of purchase. If the payment was made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the IBAN, SWIFT and BIC bank details needed to process the refund.
10. If the product requested by the user is or should be made, in whole or in part, tailored, or following special arrangements or specific to the user, involving in any way a customization and / or customization of the product, if www.cybroindustries.it has implemented, in whole or in part, the order placed, the user who exercises the right of withdrawal provided by the Consumer Code. is still committed to bear all costs anticipated in good faith by www.cybroindustries.it before the communication of the withdrawal.
Art. 12 – Data processing
Art. 13 – Safeguard clause
1. In the event that one of the clauses of these General Terms and Conditions of Sale is null for any reason whatsoever, this will in no case compromise the validity of and compliance with the other provisions contained in these General Terms and Conditions of Sale.
Art. 14 – Contacts
1. Any request for information can be sent by e-mail to the following address email@example.com, by telephone to the following telephone number: 04241760037, and by post to the following address:
Via Vecchia Colomba, 7
Bassano del Grappa 36061, VI
Art. 15 – Applicable law and competent court
1. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule of the buyer’s country of habitual residence. Therefore, the interpretation, execution and termination of the general terms and conditions of use are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian jurisdictional authority. In particular, if the user has the status of consumer, any disputes will be resolved by the court of the place of domicile or residence of the same under the applicable law. In the other cases it is previewed the exclusive competence of the Court of Vicenza.
These conditions were drawn up on 23/06/2021