Terms and Conditions

(to Chapter I, title 3, part3, of d.lgs 206/2005 and following amendments and additions)

 

  1.    Introduction and application of Standard Contract Terms

 

These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, from a distance and made available, via the Internet, from the site sardiniabicycle.com (hereinafter, the "Site") in compliance with Italian regulations of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").

The seller of the products and owner of the website is: Lugori Scarl Via San Giorgio 175 08037 Seui (OG), Tax Code / VAT no. 01328880917, REA: CA - 92 479, e-mail address: infolegali@sardiniabicycle.com (hereinafter "Lugori").

The consumer who accesses the website to make purchases (the "Customer") shall, before the order, to read these Terms and Conditions that have been made available on the website and will be available at all times by the customer through the link contained in the confirmation of each order for enable playback and storage.

In the case in which the person making purchases on the Site requires the issuance of the invoice and / or anyway is not a "consumer or user" as defined by art. 3, paragraph 1, lett. a) of the Consumer Code, shall not apply the discipline of withdrawal pursuant to Art. 7 and 8 of these Terms and Conditions or, more generally, forecasts that under that Consumer Code apply only to "consumer".

Contracts concluded with Lugori through the Site are regulated by these Terms and Conditions in respect of the Italian legislation.

The language available for concluding the contract is Italian.

 

  1.    Choose and order Pruducts

 

The features and the price of the various products and services on the Site (the "Product" or "Products") are given on the page for each product.

For the purchase of products, the Customer must complete and submit the order form in electronic format, following the instructions contained in the Site.

The Customer shall add the Product to the "shopping cart" and after having read the Terms and Conditions and Privacy Policy and confirmed their acceptance, will have to enter your data of shipping and the possible billing, select the desired method of payment and confirm the order.

By placing an order on the Site, which has a contractual proposal value, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and accept the General Conditions and payment transcribed.

The contract between Lugori and the Customer shall be concluded with the acceptance by Lugori. This acceptance is communicated to the customer through an order confirmation email itself contains a reference to these Terms and Conditions, the order number, billing and shipping information, the list of products ordered by their essential characteristics and the total price, including shipping costs.

The customer will check the confirmation email and if it identifies errors in the order will have 12 hours from the receipt of this email for contact Customer Service directly from the site using the contact form accessible via the tab "Contact us".

After that time the order will be put in process for shipping, and will no longer be accepted changes, without prejudice to the rights of the Customer referred to in Article 7.

After receiving the order, Lugori will check to process the order. In the event that one or more products / services did not result available, the Customer will promptly notify by email to the customer who, within the next 48 hours, shall be entitled to respond to confirm the dispatch of any additional products / services available or cancel.

In case of no response within that period, the order will be deemed to be confirmed and the products will be made available in shipping.

In this case the entire amount for the missing products will be reversed or otherwise, depending on the payment method, you will not be charged to the customer.

 

  1.     Information about Products

The information and specifications relating to products/services are available, and their product codes, on the Website.

The visual representation of the products/services on the Site, if available, usually corresponds to the photographic image accompanying the description.

It is meant that the image of products/services themselves has the sole aim of presenting them for sale and may not be fully representative of its characteristics.

In case of difference between the image and the written product file, shall always prevail the description of the product sheet.

 

  1.     Price

All prices are inclusive of VAT and declared in Euro.

Lugori apply the VAT rates provided for by Presidential Decree 633/72 with some exceptions concerning the sales within the European Union or outside of it.

The rates of VAT (4%, 10%, 22%) vary depending on the type of products/services.

The actual amount of VAT, if due, will be calculated at the order.

 

 

 

  1.     Payment and Invoicing

 

5.1 Payment

The Customer may pay the Products / Services via PayPal or bank transfer

 

PayPal

Once confirmed the order, the customer will be redirected to PayPal's site where you can make your payment with own account or by using a card, also prepaid, or at least according to the means accepted by PayPal and subject to the thereof conditions.

 

Bank transfer

The customer should do the bank transfer within 3 days from date of order.

In case of payment will not  succeed, the order will be cancelled. The customer who has not accomplish the bank transfer will be contacted by Customer Service in order to determine whether the cause of the failure of the bank transfer can be attributed to the will of the customer not to confirm the purchase or to other causes.

 

Our bank details:

Accountholder: SOCIETA’ COOPERATIVA LUGORI

Bank: UNICREDIT BANCA

IBAN: IT 33 I 02008 04810 000401337034

Causal: the customer must indicate the purpose of transfer: the date and order number, available in the confirmation mail (eg. " Order of 00/00/14 no. 000000").

 

Cheque and Cash

The customer, in exceptional cases and in agreement with our Customer Service, may pay in cash or by check with the following header: SOCIETA’ COOPERATIVA LUGORI

 

5.2 Invoicing orders

If the purchase is carried out by a professional/company, it can request the issuance of the invoice including of VAT and / or social security number.

In this case, the invoice will be sent via email to the indicated address.

 

 

  1.     Transport and delivery

 

The website sells products / services that must be provided on-site, so there are no transport and delivery of the same.

 

  1.     Right of Withdrawal

7.1 Right of Withdrawal by the Customer

Provided that the organizer assembles, for the performance of the excursion, a number of services purchased from external suppliers in respect of whom are hired precise contractual obligations, in accordance with articles 1372 and 1373 of Italian Civil Code, the total or partial withdrawal may be allowed provided that the customer exempts the organization from the costs, expenses and losses due to the termination. Therefore the penalties of withdrawal, calculated as a percentage of the quantity for the participation to the excursion are: 10% for cancellation up to 30 days before departure date, 30% up to 20 days before the departure date, 50% up to 12 days before departure date, 80% up to 5 days before the departure date; It not will receive no refund for the cancellation to 3 days before departure, or in case of no-show at the start, or in the case of abandonment of the trip by the client.

7.2 Replacement of names

the traveler that cannot benefit of the booked trip may transfer his booking to another person who appears to be in the conditions necessary for the journey. The replacement of travelers will be possible only after a specific request to the organization by the assignor; the request must be submitted no later than 5 working days prior to departure and replacement of the traveler can take place only after express consent from the organization itself.

 

 

7.3 Cancelling the service

pursuant to art. 10 of Law 1084/77 in the event that the organization informs the customer the inability to perform the journey, the traveler will have the right to choose whether the reimbursement of all sums paid or to be offered another trip of equal value. In any case, the organization will recognize sums for "damage ruined holiday" or other type of damage due to the non-performance of the excursion.

By signing this form on the reverse side which is held harmless by the customer to the organizer for any failure to carry out the excursion. Repayment of amounts paid will, in case of trip cancellation, made within 15 days of receiving notification of cancellation.

 

7.4 Minimum number of participants

in each travel program is indicated the minimum number of participants required for the excursion. In case of failure to reach the minimum number of participants, the organizer may cancel the journey within the meaning of section 7.3. Sometimes the organization might also propose to the participants a recalculation of the shares in order to afford, despite the failure to reach the minimum number of participants required by excursion proposal.

 

  1.     Errors and limitations of liability

 

Information regarding products / services provided through the Site are regularly updated.

However it is not possible to guarantee the complete absence of errors of which Lugori therefore cannot be liable, except in cases of wilful misconduct or gross negligence.

Lugori reserves the right to correct any errors, inaccuracies or omissions even after it has been sent an order, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and of the Consumer Code.

Unless intent or gross negligence, the customer is not entitled to compensation for damages or the recognition of a compensation, and any contract or tort liability for any direct or indirect personal and / or property, caused by lack of acceptance or avoidance, even partial, of an order.

 

  1.     Complaints

 

Any complaint must be forwarded to Lugori using the contact form accessible via the tab "Contact us", or by registered letter at the following address:

Lugori S.c.a.r.l.

Via San Giorgio 175

08037 Seui (OG)

Lugori will respond to all requests received within a maximum of 7 working days.

 

10. Applicable Law and Jurisdiction

 

The sales contract between the customer and Lugori is concluded in Italy and regulated by Italian law. For the solution of disputes concerning the interpretation, performance or termination of these General Terms or individual purchase orders; if the customer is a consumer under the Consumer Code, it will be responsible exclusively the curt of his town of residence or domicile if located in the Italian territory; in all other cases, the local jurisdiction is the only curt of Cagliari, any other competent court ruled.

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Under article 1341 of the Civil Code you declare that you have read and accept specifically the following articles of the General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors - disclaimers).