Conditions d'utilisation

GENERAL TERMS AND CONDITIONS FOR BUYERS - BIKEROOM S.R.L.

Updated as of November 29, 2024

INTRODUCTION

1. These General Terms and Conditions apply to any user who utilizes the marketplace platform to purchase products (referred to as the "Customer" or "Buyer") offered for sale by professional sellers (the "Sellers" and collectively with the buyers, the "Users").

   
   

   The goods/services subject to these General Terms and Conditions are made available by Bikeroom S.r.l., with registered office at Via Vittorio Emanuele II, No. 1, Brescia, CAP 25122, Italy (IT) registered with the Companies Register of Brescia under No. BS-589222, VAT number 04111610988, certified email bikeroomsrl@pec.it, represented by its legal representative (hereinafter also referred to as the "Company" or "BIKEROOM"), which is the owner and operator of the website www.bike-room.com/it/ (hereinafter the "Website"), enabling Customers globally to purchase bicycles, e-bikes, and related accessories (hereinafter the "Products").

   
   

   The Customer may act as:

   
   

   1. a Consumer, according to and for the purposes of Article 3, letter a) of Italian Legislative Decree no. 206/2005 ("Consumer Code"), meaning for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities carried out. In addition to these General Terms and Conditions, the Consumer Code applies to such Customers (collectively referred to as "Consumer Customers" or "Consumers," and individually as "Consumer Customer" or "Consumer"); or

   2. a Professional, meaning for purposes related to any entrepreneurial, commercial, artisanal, or professional activities carried out (identified collectively as "Professional Clients" or "Professionals", also identified individually as "Professional Client" or "Professional"). In this case, the Buyer acknowledges and accepts that the request for an invoice for the purchase of the Product shall constitute a declaration of the Buyer's intention to act as a Professional Customer.

   
   

   BIKEROOM provides various services, managed and administered by the Company, operating in Italy. Among the services offered are the authentication of products, logistics services for shipping products through BIKEROOM partner carriers, as well as customer service for handling any complaints from users. These various services are directly available on the website, and some of them are divided into three different categories, each with an indication of the respective price. The customer can choose the category of offer at the time of checkout. In exceptional cases, BIKEROOM may decide to sell products directly on its own behalf, in which case the products will be explicitly identified on the website as sold by BIKEROOM. .

   
   

   Users acknowledge that BIKEROOM does not assume the role of Seller, except in exceptional cases for which the Buyer will be duly informed. This means that the sales contract will be concluded exclusively between the Buyer and the Seller of the respective Product. BIKEROOM disclaims any responsibility regarding such contract and/or its effects and consequences.

   
   

   BIKEROOM acts solely as an intermediary between Users, does not act as a reseller, and does not become the owner of the Products at any time, except in exceptional cases as mentioned above. The fact that BIKEROOM may organize and subcontract the delivery of the Products does not imply in any way that BIKEROOM is a party to the contract between the Seller and the Buyer.

   
   

   The Seller is responsible for the sale of the Products and any related claims, or any other matters arising from or connected to the contract concluded between the Seller and the Buyer. 

   
   

   Thus, BIKEROOM provides customer support services to Customers and Sellers solely for the purpose of facilitating the relationship between these latter.

   
   

   These General Terms and Conditions prevail over any other terms or general or special conditions that have not been jointly and expressly approved by BIKEROOM and Users.

   
   

   The introductory remarks and attachments are integral parts of these General Terms and Conditions for Buyers (hereinafter referred to as the "T&Cs").

   
   

   It is also recommended to review the Privacy & Cookie Policy of BIKEROOM 

   
   

   Upon the conclusion of each Purchase Order (as defined below in letter b) of Article 3 - PURCHASE OF PRODUCTS of these T&Cs), each Customer shall inspect and proceed to sign these T&Cs, in electronic format, through the mechanism of "point and click" (i.e. by affixing "flags" on boxes not pre-selected), by checking appropriate boxes, for acceptance of the General Conditions and Privacy Policy (as defined in Article 14 - PRIVACY POLICY AND ACCESS TO DATA of these T&Cs);

   
   

   Upon signing, the Customer is invited to download and store on a durable medium these T&Cs, from time to time in force. The General Conditions may be amended by the Company at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site and only for Purchase Orders (as defined below) registered and sent by the Customer following such publication. Customers are therefore advised to consult the most up-to-date version of the General Conditions before making any purchase.

   
   

   For the purchase of Products, the Customer must first complete the registration procedure on the Website, in accordance with the provisions set forth in the previous Article 2 - WEBSITE REGISTRATION of these T&Cs.

   
   
   

   Article 1 - OBJECT OF THE CONTRACT

   1.1   Through this e-commerce contract, the Customer remotely purchases movable material goods and services indicated, offered, and provided through the BIKEROOM Website.

   1.2 As previously specified in the Premises of these T&Cs, BIKEROOM displays products cataloged and made available by the Sellers (or by BIKEROOM only in exceptional cases) according to the criteria indicated in the following article 24 - CLASSIFICATION OF OFFERS FOR SALE of these T&Cs.

   1.3 BIKEROOM provides customer assistance services (hereinafter also "Customer Care") for both Customers and Sellers for any requests and questions related to purchases and/or offers made on the Website.

   1.4 BIKEROOM provides a product authentication service for the Products offered on the Website through its team of experts who assess the condition of bicycles, e-bikes, and related accessories. BIKEROOM reserves the right to choose not to list a Product, offered by a Seller, in the catalog of the Site in the event of a negative outcome of its discretionary evaluation. At the outcome of the evaluation of each refurbished Product, BIKEROOM will assign a score from 1 to 10, as the "Bike Rating," based on the condition of components such as wheels, frame, tires, and group, if the bike is sold in its entirety. The Score Assignment is the discretionary result of the evaluation by BIKEROOM professionals. This information is made available to potential Buyers on the Product Page of each Product in the "Condition of Wear" section.

   1.5 The services offered by BIKEROOM are divided into three different categories of offers (hereinafter referred to as “Package Deals” or “Package Deal”). The Buyer is informed through a specific graphic interface or web page at the time of checkout, before the payment of the order, about the services included in each Package Deal as well as the respective price, as specified in the following article 6 – PRICE AND PAYMENT METHODS. On the product page of each product, the standard price of the product can be viewed. At the time of checkout, the Buyer will be informed of the total cost of the product based on the Package Deal chosen by the Buyer and the services included therein, including shipping costs and the standard service offered by BIKEROOM, the so-called “BKRM Protection”. 

   Article 2 - REGISTRATION ON THE WEBSITE

   2.1 The Services provided by BIKEROOM can be used upon registration on the Website by the Users, who are required to proceed as specified below.

   2.2 By accepting these T&Cs, the User declares to be at least 18 years old, to have legal capacity to act, and, if the end Customer is a legal entity, to have the authority and power to act on behalf of such entity.

   2.3 The registration process on the Website consists of the following steps: i) entering the first name, last name, and email address (used as the username) of the adult Customer and the password chosen discreetly by this latter; ii) verification and acceptance of the Privacy Policy referred to in the subsequent Article 14 - PRIVACY and these T&Cs, also pursuant to - respectively - Articles 1341 and 1342 of the Italian Civil Code; iii) optional subscription to the newsletter service related to the Products and the Company's activities; iv) confirmation of the entered data and the intention to register on the Website ("Registration").

   2.4 Registration allows the Customer to facilitate and expedite their purchases on the Website, as the data provided during the Registration phase will be stored on the Website and, with the Customer's registered consent, automatically made available on the Website when placing subsequent purchase orders.

   2.5 The Company informs Customers that it is strictly prohibited to include personal data of third parties, false data, fictional data, or intentionally incorrect data during the Registration process. Therefore, the Customer undertakes to indemnify and hold the Company harmless from any claims for damages made by third parties or any penalties in any way connected to the Customer's violation of this prohibition, reserving to the Company the right to take any actions to protect its rights.

   2.6 Without prejudice to the provisions of the following Article 18 - ADVERTISING MATERIAL - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, the Customer acknowledges the strictly confidential nature of his/her account and registration credentials (username and password) and therefore undertakes to keep them confidential and not make them available to third parties, thereby releasing the Company from any liability for fraudulent acts or actions committed by the Customer and/or third parties who have gained access to the account due to fraudulent or negligent conduct on the part of the Customer.

   
   

   Article 3 - PURCHASE OF PRODUCTS

   3.1 The offer and sale of Products on the Website constitute a distance contract between the Seller and the Customer governed by Italian Legislative Decree No. 70 of 2003 on electronic commerce. The contract is also regulated by the provisions of the Italian Consumer Code, Italian Legislative Decree No. 206 of 2005 and its subsequent amendments and additions, in the case of a contract concluded with a Customer who qualifies as a Consumer.

   3.2 Each Product is accurately depicted and displayed on the Website, corresponding to its actual characteristics. However, the Company cannot guarantee the exact correspondence of images and colors as they appear on the Customer's monitor. Each Product is accompanied by its standard Price information (as defined in the subsequent Article 6 - PRICE AND PAYMENT METHODS) or, in exceptional cases, by a technical information sheet, prepared by the Seller and/or the Manufacturer, at its own care and under its own responsibility, or by the Company, on the basis of the information provided by the Seller and/or the Manufacturer, on which the Company does not make any control and/or evaluation of merit. The data sheet contains: i) a description of the main characteristics; ii) a description of the person for whom the product is intended (e.g. the SK Pininfarina is suitable for those who love speed; MERAK is for those who tackle all kinds of trails with the racing character and the desire to surpass their results) and/or the intended use of the Product, by way of example, whether the Product is intended for "road" or "cyclocross" use iii) the description of the operation of the Product; (iv) indication of the circumstance whether the Product is offered for sale by BIKEROOM itself; (v) indication of the company that manufactured the good offered by the Seller on the Site; (vi) indication of the geographical address and contact details of the Seller; (vii) indication of the Seller's contact details; (viii) indication of the circumstance whether the Product is first owner or second owner.

   3.3 In case of discrepancies between the image and the technical information sheet, the discretion contained in the technical information sheet shall always prevail. In any case, the Customer acknowledges and accepts that the Product delivered may differ from the same Product shown on the Site during purchase, provided that such differences are not substantial and do not compromise the essential characteristics and functionality of the Product.

   3.4 The purchase contract is concluded exclusively through the Internet. The purchase procedure for a Product consists of the following steps ("Purchase Procedure"):

   1. Once logged into the Website, the Buyer must select the Product available on the Website and proceed to create his/her shopping cart. In this phase, where permitted based on the type of selected Product, the Customer may request the customization or personalization of Products, without prejudice to the applicability for the Consumer Customer of Article 59, letter c), of the Italian Consumer Code ("Exceptions to the right of withdrawal"), thereby the Customer acknowledges and accepts that, only in such case, the subsequent paragraph 8.11 shall apply.

   2. Completion of an electronic order form, as specified on the Website from time to time, providing the required data, including, but not limited to, the personal data of the recipient, email address, billing information, and shipping address (hereinafter referred to as the "Purchase Order").

   3. Indication of any request for the issuance of an invoice for the purchase of the Products and entering the relevant data. By providing such information, the Customer will automatically be qualified as a Professional Customer.

   4. Selection of the method of shipment and/or collection of the Product and acceptance of the associated costs and procedures as well as the timetable for collection communicated by the Company. 

   5. Selection of the payment method, as further described in the subsequent Article 6 - PRICE AND PAYMENT METHODS.

   6. Recapitulation of the Purchase Order, including the final amount that the Customer must pay to the Company, including all applicable costs based on the chosen Package Deal and the default applied cost, the so-called “BKRM Protection”.

   7. Transmission of the Purchase Order to the Company, following the instructions provided on the Website from time to time.

   3.5 Until the transmission of the Purchase Order as per the previous paragraph 3.3, the Customer has the option to modify or cancel the Purchase Order.

   3.6 The Buyer must ensure that the email address provided during registration is correct so that emails sent by BIKEROOM can be properly received at that address. In the case of using spam filters, the Buyer must ensure that all emails sent by BIKEROOM for order processing can be correctly delivered.

   3.7 All Products sold on the Website are listed in an online auction format ("Auction"), through which the Seller sets a starting price, and potential Buyers can submit competing bids. The User can track the bids in the dedicated section. At the end of the listing, the highest bidder wins the Auction, and from that moment, the winning Buyer is obliged to pay the price of the Product, and the Seller is legally bound to that specific price. BIKEROOM will ship the Product on behalf of the Seller. The listing under this point constitutes a binding offer.

   3.8 In the case of an auction format offer, the Seller may establish certain requirements for potential buyers.

   3.9 Once the Purchase Order is registered and the validity of the payment made by the Customer is confirmed, the Company undertakes to send the Customer the confirmation of the Purchase Order, which will indicate: i) the order number assigned to the Purchase Order; ii) the essential characteristics of the purchased Product; iii) the delivery address and billing address (if different); iv) the Price (as defined in Article 6 - PRICE AND PAYMENT METHODS), the payment method used, delivery costs, and any additional charges; v) any special conditions applicable to the sale (e.g., any discount vouchers); vi) reference to these T&Cs and the Privacy Policy (as defined below) expressly accepted by the Customer (hereinafter referred to as the "Purchase Order Confirmation").

   3.10 The Company will communicate the Purchase Order Confirmation to the Customer in accordance with the previous paragraph 3.5, within 24 hours, by email to the address provided during the Purchase Procedure. If the Purchase Order Confirmation is not received within this timeframe, the Customer is invited to contact Customer Care at the addresses indicated in the subsequent Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

   3.11 The Customer acknowledges that it will not be possible to cancel the Purchase Order after 24 (twenty-four) hours from the payment of the Purchase Order, without prejudice to the right of withdrawal in case of reconsideration, where applicable, exercisable under the terms and conditions set forth in the subsequent article 8 - WITHDRAWAL.

   3.12 Upon receiving payment for the goods and/or services, BIKEROOM will issue the corresponding tax document in accordance with Italian Legislative Decree No. 633 of 1972, where required by applicable regulations.

   3.13 Without prejudice to the right of withdrawal as described in the subsequent Article 8 - WITHDRAWAL, if applicable, the Customer is required to verify the conformity of the Purchase Order with the Purchase Order Confirmation and to report any discrepancies between them within 24 (twenty - four) hours of receiving the Purchase Order Confirmation. In the event of failure to report within this period, the Company will proceed with the Delivery (as defined below) of the Products as per the Purchase Order Confirmation.

   3.14 The purchase contract for the Product is considered concluded at the moment the Customer receives the Purchase Order Confirmation, as indicated in the previous paragraph 3.6 (hereinafter referred to as the "Purchase Contract"). 

   
   

   Article 4 - PRODUCT AVAILABILITY

   4.1 The Company offers the following Products for sale on the Website: (i) new Products purchased by BIKEROOM from manufacturers (both in stock and on "pre-order"); (ii) Products sold directly by registered Sellers on the Website; (iii) Products that can be customized or made-to-measure by the manufacturers based on the requests indicated by the Customers during the Purchase Procedure; and (iv) used Products, examined by individuals specifically appointed by the Company with the necessary expertise to evaluate such Products (hereinafter referred to as "Used Products").

   4.2 The rules regarding product visibility under these General Conditions may vary depending on the different countries where the User is located. For example, Ebikes will not be visible in non-EU countries, and TREK Products will not be visible within the United States.

   4.3 Within the Product Page of each Product, there is information regarding the availability of each Product. The availability of the Products offered on the Website is continuously monitored and updated by the Company. However, since the Company may experience unforeseen unavailability of the Product due to force majeure or reasons beyond its reasonable control, such as simultaneous purchase of the same Product by multiple Customers when purchasing the Products in stock from the Manufacturers. In such cases, the Product may be temporarily (or permanently) unavailable, including after the Purchase Order Confirmation.

   4.4 Furthermore, since the Site can be visited by several Users at the same time, it could happen that several Users purchase, at the same instant, the same Product. In such cases, the Product may, for a short period of time, be available, but may be out of stock or not immediately available.

   4.5 In the event of unavailability of the Product for the reasons stated above or in other cases of supervening unavailability, the Company undertakes to promptly notify the Customer by e-mail and will cancel the Purchase Order and the corresponding Purchase Order Confirmation (if issued), while simultaneously refunding the amount already paid (i.e., Price, Shipping Costs, and additional service charges) using the same payment method chosen by the Customer (the refund will be processed within the necessary technical timeframes, also depending on the payment method provider). The Customer can then proceed to place a new Purchase Order for the same Product to verify its actual availability and updated delivery times.

   4.6 If the Products purchased require installation/assembly of the same, such information and installation instructions as the Buyer may reasonably expect to receive will be provided with the Product upon delivery by delivery of the instruction manuals and any additional documents prepared for this purpose by the Seller and/or manufacturer of the Product purchased.

   4.7 BIKEROOM provides Customer Care to assist the Buyer even during the assembly phase of the delivered Product, in case further information is needed beyond what the Seller has provided. The addresses and methods to contact BIKEROOM's Customer Service are indicated in the subsequent Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

   
   

   Article 5 - TRADE-IN

   1. The Company offers Customers a trade-in service, whereby they may request to pay the Price of a selected Product on the Website (hereinafter "Trade-in Product"), including authentication costs and accessory expenses, as indicated in the following Article 6 - PRICE, by offering the Company a similar product of which the Customer is the owner (hereinafter the "Proposed Product").

   1. The Buyer guarantees that the Proposed Product offered for trade-in is solely their exclusive property and is free from encumbrances and liens.

   2. The Customer shall follow a specific procedure indicated on the Website. In particular, the Customer is required to complete the quotation form available on the Website and provide all the information, documents, and any photographs requested by the Company.

   3. The Customer must ship the Proposed Product within 7 (seven) working days from the confirmation of the positive outcome of the procedure communicated to the Customer by Bikeroom via email or within 3 (three) days from the delivery of the traded Product.

   4. The Company, at its sole discretion, reserves the right to accept or reject the Proposed Product for trade-in from the Customer, and will communicate the decision to the Customer once the necessary verifications have been performed.

   5. In the event of a positive evaluation by BIKEROOM of the Proposed Product for trade-in, the Company's representatives will contact the Customer within 15 (fifteen) days to arrange the delivery of the selected Trade-in Product on the Website, if not previously delivered. It is understood that in the event of a successful completion of the procedure outlined in this article and a positive evaluation of the Proposed Product, the offer of the Proposed Product for trade-in to the Company will fulfill the Customer's obligation to make the total or partial payment of the Price for the purchase of the selected Trade-in Product, which will therefore be considered positively purchased by the Customer.

   6. If the value of the Proposed Product only partially satisfies the value of the Price of the Product selected by the Buyer, the Buyer shall be responsible for payment to cover the Price difference for the offered Trade-in Product on the Website. In the event that the payment of the Price difference between the Proposed Product and the selected Product is not received by BIKEROOM within 5 (five) working days, BIKEROOM shall have the right to terminate the contract in accordance with Articles 1453 and 1456 of the Civil Code.

   7. The condition for receiving a binding purchase offer from BIKEROOM is always the inspection and evaluation of the Proposed Product.

   8. Even in the case of trade-in, the costs of authenticating the Product (equivalent to 5% of its price) remain the responsibility of the Buyer.

   9. The remedies provided by the legislature against defects and faults in the Product depending on whether the Customer is a Consumer or a Professional shall also apply in the event of a trade-in.

   10. In the event of the Customer's failure to ship the Proposed Product within 3 (three) days, the Company reserves the right to request (i) full payment of the Price of the Trade-in Product; or (ii) the return of the traded Product. Subject to the right of BIKEROOM to request, in any case, reimbursement for any additional expenses incurred by the Company and/or for the use/loss of value of the traded Product (in case of return), as well as compensation for any damages suffered for any reason.

   11. In the event of withdrawal or termination of the purchase contract and return of the traded Product, the Company reserves the right to evaluate and agree case-by-case with the Customer whether:

   1. return the Proposed Product to the address indicated to the Customer; or

   2. not return the Proposed Product but refund the purchase price of the Product correspondingly (subject to the offsetting of the Price with any loss of value of the Product returned by the Customer).

   1. In the event that BIKEROOM declares the termination of the sales contract after the delivery of the Product, the Buyer must return the Product immediately, and in any case, no later than 3 (three) days to the address indicated in the following Article 19 – CUSTOMER SERVICE AND COMPLAINTS.

   
   

   Article 6 - PRICE AND PAYMENT METHODS

   1. All prices of the Products published on the Website are stated in the currency of the country from which the Buyer accesses the site and are inclusive of VAT ("Price"), if applicable, excluding products subject to the margin VAT regime. If the destination country of the goods is different from the country from which the user accesses the site, the price of the purchased products will be updated to the price applicable to that destination country, considering the applicable provisions.

   1. BIKEROOM adheres to the principles of transparency and indicates, in the purchase order and before the purchase is concluded, in addition to the selling prices of the Product, any taxes, additional charges, shipping costs, in the case of shipping beyond the borders of the European Union,additional charges related to customs clearance (for example, duties, VAT, and GST) may apply; BIKEROOM also informs, where applicable, of the price reduction and the lowest price previously charged by Seller in the 30 days prior to the reduction. 

   2. The costs of BIKEROOMs services are divided as follows: a) basic Price of the Product; b) BKRM Protection, non-refundable equal to 3% (three percent) of the base standard Price of the Product; c) the price of the Package Deal chosen at the time of checkout by the Customer. The Package Deals are divided into: Initial Level, at no additional cost; Amateur Level, whose price is equal to 5% (five percent) of the Product's base standard Price; and Pro Level whose price is equal to 8% (eight percent) of the Product's base standard Price; d) any customs clearance costs in the case of Extra-EU shipping; e) applicable shipping costs depending on the shipping service chosen by the Customer. 

   3. BIKEROOM and the Seller, in the case of Used Products, reserves the right to change the Price of the Products at any time without notice, provided that the Price charged to the Buyer will be the one indicated on the Website at the time of the conclusion of the Purchase Order, and any subsequent variations (increase or decrease) will not be taken into account after the transmission of the Purchase Order as per the preceding Article 3 - PURCHASE OF PRODUCTS.

   4. Buyers can view prices in any currency supported by BIKEROOM.

   5. BIKEROOM processes orders only in the currency chosen by the Customer.

   6. BIKEROOM applies currency conversion or currency exchange fees if the currency linked to the payment method is different from the one selected on the checkout page (or the currency settings selected by the Buyer). For example, if the Buyer uses a credit card or other payment method in USD to purchase a Product quoted in EUR, BIKEROOM applies the currency conversion or exchange fees. 

   6.8 During the Purchase Procedure, the Buyer proceeds to pay for the Product by selecting one of the following payment methods: a) credit card; b) bank transfer or c) any other payment systems that may be temporarily made available on the Site.

   1. In the case of online payment by credit card, the transaction is carried out securely using the SSL-Secure Socket Layer protocol. The confidential credit card data (card number, start date, expiration date, security code) are encrypted and transmitted directly to the payment service provider without passing through the Company's servers. Therefore, the Company does not have access to, nor does it store, the credit card data used by the Buyer for payment. If the Buyer chooses this payment method, they acknowledge and do not object to the Company performing the necessary verification regarding the validity of the payment (e.g., prior check of the temporal validity and/or credit availability on the card used) in order to send the Purchase Order Confirmation.

   2. In the case of payment by bank transfer, the Buyer is required to pay the price of the Product by bank transfer to the Company's bank account within 10 (ten) working days from the date of placing the Purchase Order. Only upon receipt of payment, the Company will send the Purchase Order Confirmation, and the ordered Products will be shipped to the Buyer. If the bank transfer is not made within the aforementioned 10-day period, the Purchase Order will be considered canceled.

   3. Pursuant to Article 3.3 (C) above, all Buyers may expressly request that, following payment of the Price, the Company issue the relevant invoice. The Buyers acknowledge and agree that the request for the issuance of an invoice for the purchase of the Product shall constitute a declaration by the Buyers that they intend to act as Professional Customers. The invoice will contain the information provided by the Buyer when completing the Purchase Order and will be sent by the Company to the e-mail address provided by the Buyer during the Purchase Procedure or during Registration within 5 (five) days after sending the confirmation of the Purchase Order for which the aforementioned commercial invoice was requested.

   4. Both Sellers and Buyers are responsible for complying with all laws and regulations applicable to sales, purchases, and marketing in general, including national and international shipment of Products. It is the responsibility of Sellers and Buyers, respectively, to ensure that the sale and purchase, as well as the related payments, comply with the applicable provisions in the country of sale and destination of the Products.

   5. Occasionally, BIKEROOM may provide alphanumeric codes that can be used for promotions or discounts on purchases on the Website. Such promotional codes or discount codes may be sent via email to registered Users, published on our Website, or distributed during events and in other ways, and they are subject to the applicable terms and conditions of the promotions and discounts. BIKEROOM is not responsible if the promotional or discount codes are no longer active for any reason at the time of their use.

   
   

   Article 7 - DELIVERY OF PRODUCTS FROM BIKEROOM TO CUSTOMERS

   1. The Company offers the service of delivering the purchased Product in Italy, EU countries, and Extra-EU countries through a partner carrier of BIKEROOM.

   1. At checkout, the Customer can choose between two different shipping methods: Economy or Express. The Customer will be charged the respective shipping costs as provided in the previous Article 6 – PRICE AND PAYMENT METHODS.

   2. The Buyer is aware that if, at the time of sale, the Product has not yet been delivered to BIKEROOM, the Seller must deliver the Product to BIKEROOM within 7 (seven) days from the receipt of the Order by the Buyer. Should the Product not reach BIKEROOM within the aforementioned 7-day period, BIKEROOM, at its sole discretion, may cancel the Order, refunding the amount received from the Buyer, and returning the products received from the Seller, with charges borne by the latter.

   3. The Company undertakes to ship the Product through courier services, from Monday to Friday during normal office hours, excluding national and international holidays, to the shipping address indicated by the Customer in the Purchase Order or to the pickup point selected by the Customer during the Purchase Procedure and accepted in the Purchase Order Confirmation ("Delivery"), within the timeframe indicated by the Company in the Purchase Order Confirmation.

   4.  In the case of a Consumer Customer, this timeframe may not exceed 30 (thirty) days from the sending of the Purchase Order Confirmation. Delivery will take place at street level unless the Customer selects a different option as an additional service.

   5. The Delivery costs, which may vary depending on the shipping method chosen by the Buyer (where available), the Delivery location, and the weight of the Product, are the sole responsibility of the Buyer. The amount, expressed in euros (or in a different currency chosen by the Customer) and including VAT, is indicated during the Purchase Procedure, and is subsequently confirmed to the Buyer in the summary of the Purchase Order and in the subsequent Purchase Order Confirmation ("Shipping Fees").

   6.  The Customer is required to inform the Company in advance if the Delivery requires any of the following additional services:

   1. The Delivery address is located in an area subject to traffic restrictions and/or special permits (such as, for example, ZTL zones).

   2. The distance between the available unloading point and the actual Delivery address is greater than 30 meters.

   3. The request for Delivery to a specific floor; in this case, the Customer must indicate the floor and specify whether the building in which the Products are to be delivered is equipped with an elevator or a lift and/or suitable stairs to allow the passage of the Products.

   1. In addition to the Shipping Fees, the Customer also undertakes to pay the Company all costs and expenses related to the provision of the additional services mentioned in the previous Article 6 - PRICE AND PAYMENT METHODS. These expenses will be charged to the Customer whenever the aforementioned, additional services are required, even in the case of no prior request by the Customer. In this case, the Delivery timeframe may be extended for reasons not attributable to the Company.

   2. As indicated above, in the case of non-EU shipping, the Customer must directly cover customs clearance costs at the checkout stage At the time of shipment, the Buyer will receive, via email, a confirmation of delivery to the carrier, which will also contain the link through which the Buyer can check the status of the shipment. The User can also verify the status of the shipment through the "Orders" section of their BIKEROOM Account.

   3. In the event that the purchased Product is not delivered within the delivery terms indicated in the Purchase Order Confirmation, the Company undertakes to contact the Customer in order to agree an additional delivery period appropriate to the circumstances. In case of disagreement, or if such additional period expires without the Product being delivered:

   1. The Consumer Customer is entitled to terminate the Purchase Agreement, without prejudice to the right to compensation for damages.

   2. The Professional Customer may cancel the Purchase Agreement, being solely entitled to the refund of the Price, Shipping Fees, and any additional cost of services, within the terms and the limits set by these General Conditions, with the right to compensation for any damage suffered as a consequence of the non-delivery of the Product expressly excluded.

   1. The Customer undertakes to be present or to appoint a person who will be present to receive the Product on the Delivery date specified in the Purchase Order Confirmation or agreed upon pursuant to the previous paragraph 3.7.

   1. In the event of non-delivery due to the absence of the recipient at the address and on the date specified in the Purchase Order and subsequent Purchase Order Confirmation, the courier selected by the Company will make a new Delivery attempt within a short period. If this second attempt is also unsuccessful, the Company will contact the Customer via email to agree on a date for a further Delivery attempt. In the meantime, the Product will be kept in storage free of charge by the courier responsible for the shipment, for a period not exceeding 5 (five) days. If this period also expires without success, or if the Customer does not respond to the Company's email, the Product subject to Delivery will be returned to the Company. In any case, after 30 (thirty) working days from the first delivery attempt, the Purchase Agreement shall be deemed terminated pursuant to Article 1456 of the Italian Civil Code, due to the Customer's fault and negligence. The Company will then proceed, within 15 (fifteen) working days from the termination of the Purchase Agreement, to refund the Customer for the Price, deducting the costs of BKRM Protection, unsuccessful Delivery attempts, the costs of returning the Product to the Company, and any other possible expenses incurred by the Company due to the Delivery attempts. The termination of the Purchase Agreement and the amount of the refund will be communicated to the Customer via email. The refund will be credited through the same means of payment used by the Customer for the purchase. If, before the aforementioned 30-day period has expired, the Customer requests to receive the Product again, the Company will proceed with a new Delivery, charging the Customer for the costs related to the previous Delivery attempts, the costs of returning the Product to the Company, and the storage fees.

   2.  At the time of Delivery, the Customer, or the person appointed by the Customer, undertakes to carry out all necessary checks to detect any defects or non-compliance of the Product received compared to what is indicated in the relevant Purchase Order Confirmation.

   3. In the event that any defects and/or discrepancies of the Product are detected upon Delivery, the Customer undertakes to: a) report such defects and/or discrepancies to the Company and raise any related requests and/or claims in the relevant delivery receipt; b) have such receipt countersigned by the person making the Delivery; and c) keep a copy of the countersigned receipt. Following such report, the provisions provided for in the subsequent Article 10 - LEGAL CONFORMITY WARRANTIES for the Consumer Customer.

   
   

   Article 8 - ORDER CANCELLATION

   The Buyer may request the cancellation of the order within and no later than 24 (twenty-four) hours after payment, provided that the product has not yet been shipped. In such circumstances, no fees will be applied.

   If the cancellation request is made after the aforementioned deadline, or if the product is already being processed or shipped, cancellation will not be allowed.

   
   

   Article 9 - RIGHT OF WITHDRAWAL

   1. 1. Right to Withdraw

   2. The Buyer has the right to withdraw from the purchase contract without providing any reason, within 48 (forty-eight) hours from the date of receipt of the Product, in compliance with applicable law and BIKEROOM’s commercial policies.

   3. The withdrawal notification must be sent to BIKEROOM’s Customer Service using the contact details specified in Article 19 – CUSTOMER SERVICE AND COMPLAINTS.

   a) Withdrawal Procedure:

   1. The Buyer must send a written notice of withdrawal, clearly stating the intention to withdraw from the contract, within and no later than 48 (forty-eight) hours from the receipt of the Product.

   2. The notification can be submitted via email or registered mail with acknowledgment of receipt, as specified in these General Conditions.

   3. BIKEROOM will confirm the receipt of the withdrawal request and provide instructions for returning the Product.

   b) Conditions for Withdrawal:

   1. The Product subject to withdrawal must be returned intact, without signs of use incompatible with the normal verification of its nature and functioning, and preferably in its original packaging.

   2. The return shipping costs are the responsibility of the Buyer, unless otherwise indicated by BIKEROOM.

   3. If the returned Product shows damages, signs of use, or does not meet the aforementioned conditions, BIKEROOM reserves the right to retain an amount proportional to the depreciation of the Product’s value.

   c) Exclusions from the Right of Withdrawal:

   1. The right of withdrawal does not apply to customized or made-to-order products, pursuant to Article 59, paragraph c, of the Consumer Code.

   2. The right of withdrawal cannot be exercised for products used beyond what is necessary to verify their nature, characteristics, and functioning.

   d) Refund:

   1. BIKEROOM commits to refunding the Buyer within 14 (fourteen) calendar days from the receipt of the returned Product, after verifying its integrity.

   2. The refund will be issued using the same payment method chosen by the Buyer at the time of purchase.

   3. Additional expenses incurred by the Buyer, such as BKRM Protection or shipping costs exceeding the standard rate, will be excluded from the refund.

   Article 10 - RETURNS

   The Buyer may request the return of a Product within 14 (fourteen) calendar days from the date of receipt, exclusively in cases where legitimate reasons exist, such as defects, non-conformity, or discrepancies with the Product’s technical description.

   a) Accepted Reasons for Return:

   •Non-conformity of the Product with the technical description or declared specifications at the time of purchase;

   •Defects or damages present on the Product at the time of delivery.

   b) Excluded Reasons for Return (beyond 48 hours from receipt, see Article 9):

   •Incorrect size or specification chosen by the Buyer;

   •Personal dislike of the Product;

   •Change of mind or personal preferences;

   •Finding the Product at better prices from other vendors;

   •Delays in shipping not attributable to BIKEROOM.

   c) Return Procedure:

   •The Buyer must contact BIKEROOM’s Customer Service within 14 (fourteen) calendar days from the receipt of the Product, providing a detailed description of the issue and, if applicable, photographic evidence.

   •Upon approval of the return request, BIKEROOM will assign a Return Merchandise Authorization (RMA) number, which must be included on the Product’s packaging and in all subsequent communications.

   •The Product must be returned intact, with all accessories and documentation included at the time of delivery, preferably in its original packaging.

   d) Return Shipping Costs:

   •The return shipping costs are borne by BIKEROOM.

   e) Verification of the Returned Product:

   •Once the Product is received, BIKEROOM will verify its integrity and compliance with the return conditions.

   •If the Product is found to be damaged, incomplete, or missing essential components, BIKEROOM reserves the right to:

   •Refuse the return and ship the Product back to the Buyer at their expense;

   •Deduct an amount proportional to the depreciation of the Product’s value from the refund.

   f) Return Refund Timing and Process:

   •BIKEROOM commits to completing the refund within 14 (fourteen) calendar days from the verification of the returned Product.

   •The refund will include the price of the Product and, where applicable, standard shipping costs incurred by the Buyer at the time of purchase.

   •Additional fees, such as BKRM Protection, will not be reimbursed.

   
   

   Article 11 - LEGAL CONFORMITY WARRANTY

   1. A conformity defect exists when the Product purchased by the Consumer: a) is not suitable for the purposes for which goods of the same type are normally used; b) does not conform to the description provided by the Seller and to the contractual type, quantity, and quality, or does not possess the functionalities, compatibility, interoperability, and other characteristics as provided in the sales contract, and which the User can reasonably expect, also considering the nature of the Product and the public statements made by the Seller, the Manufacturer, or other subjects in the distribution chain; c) does not possess the qualities or does not correspond to the description of a sample or model that the Seller presented to the Consumer before the conclusion of the sales contract; d) is not suitable for the specific use intended by the Consumer and which has been brought to the Seller's knowledge no later than at the time of the conclusion of the contract, and which the Seller has accepted; e) is not provided with all accessories, including packaging, and instructions, including those relating to installation, provided in the sales contract and which the consumer can reasonably expect to receive.

   1. All products offered on the Site by professional Sellers are covered by a legal warranty. The Seller is responsible towards the Consumer for any conformity defect existing at the time of delivery of the product and which manifests itself, for new products, within 2 (two) years from such delivery, under penalty of forfeiture of the warranty, within the terms provided by the current legislation. In any case, the action to assert defects not fraudulently concealed shall be prescribed within 26 (twenty-six) months from the delivery of the Product. In relation to second-hand products, the duration of the legal warranty is 1 (one) year from the delivery of the Product. The possibility remains that the Seller or the manufacturer may provide a conventional warranty. In case of the provision of a conventional warranty, the Seller shall be required to provide specific information to the Buyer.

   
   
   
   
   
   
   

         For illustrative purposes:

         

   Warranty Period for NEW PRODUCTS	1 year	2  years	3 years or more
   Bike Frames		x
   Bike Forks		x
   Downhill Frames		x
   Electric bike components/parts		x
   Batteries		x
   Bike pedals, monopoles, saddles		x
   Paint and decals		x

   
   

   Warranty Period for USED PRODUCTS	1 year	2 years	3 years or more
   Bike Frames	x
   Bike Forks	x
   Downhill Frames	x
   Electric bike components/parts	x
   Batteries	x
   Bike pedals, monopoles, saddles	x
   Paint and decals	x

   
   
   
   
   
   
   
   
   
   
   

   1. In case of non-conformity of the Product, the Consumer Buyer:

   • Contact the BIKEROOM Customer Service without delay (and within 48 hours from the delivery of the order) at the addresses provided in the following Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

   • Has a period of 2 (two) years for new products and 1 (one) year for Used Products from the delivery of the goods to take action.

   • May choose, at no additional cost, between repairing or replacing the goods, provided that such choice does not result in a cost manifestly disproportionate to the Seller, considering the value of the goods or the significance of the defect. In this case, the Seller shall proceed, unless impossible, according to the method chosen by the Consumer Buyer.

   • If both repair and replacement are impossible, the Consumer Buyer may obtain either a Price reduction or the termination of the Contract.

   • The warranty is excluded in case of improper use, negligence, or lack of maintenance by the Consumer Buyer, as well as in the case of normal wear and tear of the goods, accidents, or force majeure, as indicated in the following Article of these General Terms and Conditions.

   • In order to be entitled to the Legal Warranty, the Consumer Buyer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the Consumer Buyer to keep the order confirmation email or the transport document or any other document that can attest to the date of purchase (e.g., credit card statement or bank statement) and delivery.

   1. If BIKEROOM does not find the alleged defects or finds that they occurred after the Sale, it will notify the Buyer, possibly agreeing with the Buyer on the methods of returning the Product to their address.

   2. The terms and conditions relating to the warranty of products sold by BIKEROOM may vary depending on the country of purchase and/or exercise of the warranty. Depending on the place of purchase and/or exercise of the warranty, the applicable local law may confer additional specific rights as a Consumer. Therefore, the terms and conditions of the warranty indicated in this document do not prejudice the rights recognized to Consumer Buyers by the law of the country of their residence.

   
   

   Article 12 - WARRANTY LIMITS AND EXCLUSIONS

   1. The warranties provided by the Seller, or any other implied warranty do not cover the following events:

   • Defects resulting from normal wear of parts such as tires, chains, brakes, cables, and cassettes when there are no assembly or material defects.

   • Significant defects on bicycles subjected to maintenance by unauthorized parties.

   • Improper maintenance, assembly, or installation.

   • Corrosion.

   • Defects resulting from bicycles modified from the original condition of the product sold.

   • The use of the bicycle for abnormal, competitive, and/or commercial activities or for purposes other than those for which the bicycle was designed.

   • Damage caused by improper use due to non-compliance with the user manual, if specifically provided by the Seller.

   • Damage or malfunctions due to accidents, negligence, abuse, or abnormal and excessive use of the bicycle.

   • Alteration or improper installation of components, parts, or accessories on the bicycle, not originally provided or compatible with the bicycle sold.

   • Damage to paint and decals resulting from participation in races, jumps, descents, and/or training for such activities or events, or as a result of exposure or riding the bicycle in severe conditions or climates.

   1. In reference to individual components, a list is provided to the Customer for illustrative purposes only in the following Annex 2 to these General Terms and Conditions, including:

   • Frame: non-compliant use, modifications, use of high-pressure water jet.

   • Suspensions: modifications, non-compliant disassembly, pressure, maintenance, high-pressure water jet, accumulation of mud, dust, various debris.

   • Transmission: maintenance, lubrication, cleaning, non-compatible parts.

   • Brakes: poorly done bleeding, pad contamination, non-compliant or non-compatible discs with the brake brand, use of non-compatible parts and oils.

   • Components: compliance with torque tightening, improper use, use of non-compatible parts.

   • Wheels: modifications, non-compliant hub disassembly, high-pressure water jet, improper maintenance of freewheel, bearings, non-compliant spoke tension.

   • Tires: pressure, mounting, inappropriate conditions.

   • Electronics: improper use of charger or battery.

   
   

   Article 13 - DEFECTIVE AND COUNTERFEIT PRODUCTS

   1. In the event of defective products, BIKEROOM, upon Customer's report, will promptly contact the Seller directly and, at the Buyer's request, will communicate to them, within the time frames established by law, the identity and domicile of the manufacturer or distributor who distributed the product under Article 116 of the Italian Consumer Code.

   1. The Customer's report must be made in writing and must specifically indicate the Product that caused the damage, the date of purchase under paragraph 2 of Article 116 of the Italian Consumer Code.

   2. If the Buyer believes to have received a counterfeit item or a Product whose sale is prohibited, they must notify BIKEROOM without delay, by email, to obtain the corresponding refund. The Buyer must also proceed with the return of the Product to BIKEROOM's address, indicated in Article 19 - CUSTOMER SERVICE AND COMPLAINTS, at no cost.

   
   

   Article 14 - DETECTION OF NON-CONFORMITY DURING AUTHENTICATION CHECK

   1. If the Product chosen by the Buyer, during BIKEROOM's authentication check, is found to be non-conforming to its description, counterfeit, or a Product whose sale is prohibited, BIKEROOM will cancel the sale and refund the Buyer for the expenses incurred for the Purchase.

   1. If the Product is only partially conforming to its description, BIKEROOM will inform the Customer about the defects or non-conformities found, and the Buyer will have 72 hours to (i) confirm the Purchase Order; or (ii) request the cancellation of the Purchase Order. In the event that the Buyer cancels the Purchase Order, BIKEROOM will refund the Buyer for the costs incurred by the latter related to the canceled Purchase Order.

   2. In case of cancellation of the Purchase Order by the Customer, the refund will be made by crediting the amount paid (i.e. Price, Shipping Costs, and additional service charges), through the same payment method chosen by the Customer (the related credit will be verifiable by the Customer in the technical times strictly necessary and also depending on the payment instrument provider).

   
   

   Article 15 - PRIVACY AND ACCESS TO DATA

   1. The User acknowledges and accepts that his/her personal data provided for the purposes of these T&Cs and/or entered on the Website will be processed by the Company in accordance with the Privacy Policy and in compliance with the applicable regulations (including, by way of example and not exhaustively, EU Regulation 2016/679).

   1.  BIKEROOM will use the personal and non-personal data provided by Users solely for the purposes related to the use of the Website and the related services offered. BIKEROOM will retain this data even after the seller has deactivated or closed their account in accordance with applicable laws.

   2.  Customers are aware that BIKEROOM, in compliance with the applicable regulations and subject to obtaining the consent, where applicable, from the parties involved, may access the personal and non-personal data that has been provided by the Customer or is otherwise generated in connection with the provision of services to Customers on the Website (for example, information about products for recommended offers or purchases, or information for the creation of the Customer's account).

   3. Access to aggregated data is limited to persons authorized by BIKEROOM. The aggregated information does not contain identifiable personal data or sensitive information.

   4. Customers may have access to the data mentioned in the previous point 14.4, including data about their purchase history of Products. Sellers will not have access to the personal data provided by Buyers. Customers will also have access to certain data made publicly available on the Website (such as bid and offer prices, product descriptions, and the popularity of products sold on the Website).

   5. In the event of account cancellation, the Customer may have access to the data provided during their activity on the Website by directly contacting BIKEROOM at the addresses indicated in the following Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

   6. BIKEROOM reserves the right to share with third parties those Customer data that are necessary for the management of the services offered and the functioning of the Website, as well as with the Competent Authorities in compliance, as applicable, with the current applicable legislation.

   
   

   Article 16 - MISCELLANEOUS

   1. If one or more provisions of these T&Cs, or parts thereof, are declared invalid, illegal, or otherwise unenforceable by law or by a court order, the remaining provisions, or parts thereof, shall remain binding and/or enforceable between the parties.

   1. Notwithstanding any other provision of these T&Cs, if the Company is unable to fulfill its contractual obligations due to fires, wars, strikes, embargoes, government regulations or other civil or military authorities, omissions and negligence of carriers or suppliers, vandals or hackers, failures or malfunctions of third-party networks, telecommunications equipment, websites, software and hardware, or other technologies, epidemics and pandemics, restrictions on economic activity imposed by competent authorities, or due to any other event beyond the reasonable control of the Company (hereinafter referred to as "Force Majeure"), the period for the performance of the obligations in question shall be extended for the period of delay or impossibility to perform due to the specific causes of Force Majeure. It is understood that if a situation of Force Majeure persists for more than 60 days, the Customer may terminate the contract of purchase of the Product, without any compensation or indemnity being due by the Company, except for the refund of the purchase price to the Customer, shipping costs, and any expenses for additional services provided.

   2. The Customer may not assign the purchase contract, in whole or in part, or assign any of the rights or obligations arising therefrom, without the prior written consent of the Company.

   
   

   Article 17 - VALIDITY AND DURATION

   1. These T&Cs will apply in relation to Customers from the moment they are accepted to access the Website or upon registration on the Website until the account is canceled, regardless of whether Customers carry out any actual transactions.

   1. In the event of significant changes to any of the clauses of these T&Cs, Customers who have previously accepted the General Terms and Conditions must accept the new version of these T&Cs in order to continue operating on the BIKEROOM platform.

   2. The applicable General Terms and Conditions will be those in force on the date when the Customer uses the Website and/or purchases a Product, depending on the nature of the modifications made.

   
   

   Article 18 - USER ACCESS REVOCATION

   1. In the event of a violation of one or more articles of these T&Cs and/or fraudulent conduct by the Customer, BIKEROOM reserves the right to prevent access to the services, even permanently. The revocation of the Customer's access will be preceded by sending an email to the affected Customer, informing them of this imminent measure and the reasons behind it, without any other formality, and without excluding the possibility for BIKEROOM to seek compensation for any losses or damages suffered.

   1. BIKEROOM may terminate the services provided, without notice and with immediate effect, if the Customer's behavior constitutes a serious breach of these T&Cs and/or criminal activity (e.g., opening multiple accounts, fraudulent use of payment methods, attempts at fraud, or other offenses). This measure does not entitle the Customer to claim any compensation from BIKEROOM, except for BIKEROOM's right to seek compensation for any losses or damages suffered.

   2. In the event mentioned in point 17.1 or in the following point 17.4 of these T&Cs, the Customer may file a complaint to clarify the relevant facts and circumstances, using the addresses specified in the following Article 19 - CUSTOMER SERVICE AND COMPLAINTS. In case of revocation, lifting of suspension, or termination, BIKEROOM will immediately reinstate the Customer, granting them access to all the data they had access to before.

   3. In the event of account suspension, Customers whose accounts are suspended are no longer authorized to access the Site and use BIKEROOM's services. If possible, they will be able to complete any pending orders.

   
   

   Article 19 - ADVERTISING MATERIAL - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

   1. The material relating to the Products (e.g., photographs, images, descriptions) is published on the Website solely for informational purposes about the essential features of the Products, without being contractually binding. For detailed information, the Company invites each Customer to access the commercial documentation of the Products made available on the Website and/or on the manufacturers' websites.

   1. The Website is the property of the Company and contains content protected by laws governing industrial property (e.g., trademarks, texts, photographs, images, designs, models). The use, disclosure, and reproduction on any medium, in whole or in part, of the elements of the Website for purposes not strictly related to the use of the Products, are strictly prohibited and punishable by law.

   2. Users can report any illegal content that violates intellectual or industrial property rights, inserted by the Seller in the performance of a product sold on the Website. Users can notify such reports to the addresses specified in Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

   
   

   Article 20 - CUSTOMER SERVICE AND COMPLAINTS

   1. BIKEROOM provides a Customer Care service for handling complaints from both Buyers and Sellers. BIKEROOM's involvement in the resolution of requests or complaints related to a purchase from a Seller is intended to facilitate the process and does not imply that BIKEROOM is a party to the sale.

   1. In the event of the delivery of a Product that does not correspond to the order or in case of Product delay, the Buyer may submit a complaint to the address indicated in the following point 19.5. In the case of non-compliant products, complaints must be promptly sent via email to BIKEROOM's Customer Service, which will take action to directly contact the Seller. In these cases, the Buyer must attach:

   - The order confirmation email, the tax receipt, or any other document proving the purchase, the date of purchase, and delivery (necessary elements for the warranty claim to be processed).

   - Photographs, evidence, or documents that justify the subject of the complaint.

   In any case, for any complaint, the User must send their contact details, product references, and any other elements justifying the subject of the complaint to BIKEROOM.

   1. Users can contact the Company's Customer Service, from Monday to Friday, during working hours, excluding public holidays, through the methods provided in the "Contacts" section of the Website, or using the following contact details:

          Address: Via Vittorio Emanuele II, n. 1, 25122 Brescia (BS), Italia (IT).

          Email: [email].

          P.E.C.: bikeroomsrl@pec.it.

   1. Customers are encouraged to submit any complaints to Customer Service or through the contact form available at the following address Support@bike-room.com.

   2. The contacts may or may not be used by Customers to file complaints on behalf of other Users.

   3. If the User wants to report content and/or events that violate laws, regulations, and current legislation, they can send an email with the following content:

   1. A sufficiently motivated explanation of the reasons why the User believes that the information and/or content constitute illegal information and/or content. 

   2. Indication of the exact electronic location of such information (such as exact URL addresses and, if necessary, additional information). 

   3. A statement in which the person making the report confirms their good faith belief in the accuracy and completeness of the information and statements contained therein.

   
   

   Article 21 - MEDIATION

   1. The Company and the Users of BIKEROOM agree to submit disputes arising from sales contracts, or in any way related, including their validity, effectiveness, interpretation, execution, and termination, to the mediation attempt provided by the conciliation service of the Brescia Chamber of Commerce, in accordance with its Regulation.

   1. With exclusive reference to Consumer Customers, it is noted that they may, without any obligation, contact the European Commission's online dispute resolution platform ("ODR") under Article 14 of EU Regulation 524/2013 , for the resolution of disputes.

   
   

   Article 22 - APPLICABLE LAW AND DISPUTE RESOLUTION (JURISDICTION)

   1. These T&Cs are governed by Italian law. Nothing in these T&Cs will affect the right of the User, as a Consumer, to avail themselves of the mandatory provisions provided for by the legislation of their country of residence.

   1. In the case of a Consumer Customer, for any dispute relating to these T&Cs, including their execution, interpretation, and/or termination for any reason, the competent forum will be the court of the Consumer's residence or elective domicile, with the option for the Consumer Customer to choose the Court of Brescia.

   2. In the case of a Professional Customer, for any dispute relating to these General Conditions, including their execution, interpretation, and/or termination for any reason, the exclusive competent forum is the Court of Brescia, with any other forum being excluded.

   
   

   Article 23 - PRODUCT PLACEMENT INFORMATION

   1. Buyers can purchase Seller's Products on the Website by browsing through the Products using category selection or by entering specific information in the available search box. The main factors that BIKEROOM considers in presenting results on the main web pages of the Website and on pages dedicated to different categories of Products are:

   - Brand recognition (based on the views obtained for each brand).

   - Product recognition (based on the views obtained for each product). 

   - Levels of new demands. 

   - Level of new offers.

   1. If a Customer is logged into their account, they will also be presented with a section of recommended products automatically generated based on the data of each Customer. The recommendations may be automatically updated when new information about the Customer becomes available.

   
   

   Article 24 - USER REVIEWS OF THE SITE

   1. Customers are not allowed to write and publish reviews about Sellers on the Website and/or the services offered and managed by BIKEROOM.

   1. BIKEROOM reserves the right to use third-party providers for the release of reviews for its Website, which provide reliability guarantees. Users are invited to review the General Conditions of the website www.trustpilot.com.

   2. BIKEROOM does not control the reviews mentioned above before they are published on the website by Users.

   3. BIKEROOM is not responsible for the content created by Users on the aforementioned website. Users remain solely responsible for their content.

   
   

   Article 25 - CLASSIFICATION OF OFFERS FOR SALE

   1. The offers are classified both in chronological order and based on the following factors: price, type (New/Used/Team), product category (cyclocross/e-bike/Road/Triathlon/Gravel/MTB), brand, and possible limited edition ("Limited Edition").

   1. Buyers can choose another criterion to regulate the ordering of offers for sale according to the following criteria:

   - "sort by latest": Products are sorted based on the date of creation of their Product Page on the Website.

   -"sort by price: low to high": Products are sorted from the least expensive to the most expensive.

   -"sort by price: high to low": Products are sorted from the most expensive to the least expensive.

   -"sort by popularity": Products are listed based on fashion trends identified by our team of editors, who select fashion, luxury, and high-end items to compile a catalog that includes the most interesting and valuable pieces for potential Customers.

   -"in stock": Products that are in stock or in the warehouse and available for sale are shown.

   -"discount: highest to lowest": Products are sorted based on the percentage of discount, from the highest to the lowest.

   -"discount: lowest to highest": Products are sorted based on the percentage of discount, from the lowest to the highest.

   1. Potential Customers can save the offered products in their account's Wishlist.

   
   

   Article 26 - SELLER'S RATING

   1. It will not be possible to write comments or make evaluations about the Seller within the Site, nor will BIKEROOM automatically rate the Seller.

   
   

   Article 27 - UNILATERAL MODIFICATIONS

   1. BIKEROOM may unilaterally modify these T&Cs for justified reasons, in particular, to:

   1. Adapt these T&Cs to current or impending legislative or regulatory provisions.

   2. Align these T&Cs with any decision issued by a court, consumer organization, or any other competent authority, concerning the content of the Website or the Services offered.

   3. Adjust the fees related to purchase protection to reflect inflation and/or the Company's cost evolution.

   4. Prevent abuses or damages or for other security reasons.

   5. Reflect changes in the services offered by BIKEROOM.

   6. Reflect changes and developments in how BIKEROOM operates.

   7. Reflect changes in market conditions or industry standard practices.

   8. Make formal changes to these T&Cs (e.g., to correct grammatical or spelling errors), provided that such changes do not alter the content or meaning of these T&Cs.

   1. If BIKEROOM makes any of the above-mentioned modifications, BIKEROOM will inform Users of the changes to the General Terms and Conditions 15 (fifteen) days before the effective date of implementation of such changes, unless:

   1. BIKEROOM is legally obliged to make the changes immediately or within a shorter period.

   2. The changes are made in accordance with letter h) of the previous point 26.1, in which case they will take effect immediately. Or

   3. The changes are made in accordance with letter e) of this article, limited to cases where features and functionalities are added to already provided services without, however, reducing the quality or altering to the detriment of Users the existing features, in which case BIKEROOM must inform Users of the varied General Terms and Conditions 15 days before the date on which the changes will take effect.

   1. From the date of entry into force of the modifications, Users will be able to use BIKEROOM Services in compliance with the modified terms and conditions. The changes will not apply retroactively and will not affect transactions previously made on the Website. Such changes will not worsen the quality or alter the characteristics of the services provided to Users, considering a price already paid to BIKEROOM. Similarly, the changes cannot increase the fees that Users have already paid for purchase protection applied to previous transactions.

   1. BIKEROOM recommends regularly checking these T&Cs and staying updated on them.

   1. The continued use of the Website and/or BIKEROOM services by the Customer after the modification of these T&Cs constitutes acceptance of the changes by the User.

   2. If Users are not satisfied with the proposed changes, they can terminate their relationship with BIKEROOM at any time, free of charge. In this case, BIKEROOM will continue to fulfill its obligations in relation to any ongoing Transaction that Users have already made on BIKEROOM.

   3. Any modification to these T&Cs published on the Website will apply immediately to those Users who complete the online registration process after the publication of such modifications on the Website.

   
   

   Article 28 - LINKS

   1. BIKEROOM is not responsible for the provision of services and/or the sale of products by third parties present on the Website through links, banners, or other hypertext links. BIKEROOM does not perform any control and/or monitoring of third-party websites accessible through these links; therefore, it is not responsible for the contents of such sites, nor for any errors and/or omissions and/or violations of the law by the same.

   
   

   Article 29 - COMMUNICATIONS

   1. All communications related to the execution of these General Terms and Conditions are validly made if:

   1. They are made using the communication tools internal to the Website.

   2. If, addressed to BIKEROOM, they are sent to the PEC address bikeroomsrl@pec.it,

   3. If, addressed to the Seller, they are sent to the email address indicated in the previous point 3.2, which is also the Seller's account.

   1. It is the responsibility of BIKEROOM and Users to monitor these communication channels to verify the receipt of any communications.

   
   

   In accordance with Articles 1341, paragraph 2, and 1342 of the Civil Code, the User declares to have read and specifically accepted the following articles of these General Terms and Conditions for Buyers: 2 (Registration on the Website), 3 (Purchase of Products), 4 (Product Availability), 5 (Trade-in), 6 (Price and Payment Methods), 7 (Delivery of products from Bikeroom to Customers), 8 (Withdrawal), 10 (Legal Warranty of Conformity for Consumer Customers), 11 (Limits and Exclusions of Warranty), 17 (Revocation of User Access), 18 (Advertising Material); 20 (Mediation), 21 (Applicable Law and Dispute Resolution - Jurisdiction), 26 (Unilateral Modifications).

   
   
   
   
   
   

   

   Attachment No. 1 – Withdrawal Form

   pursuant to Art. 49, paragraph 1, letter h) of Legislative Decree 6 September 2005, no. 206 (Consumer Code)

   
   

   [Please send this duly filled form if you wish to exercise your right of withdrawal from the contract]

   
   

   To the attention of Bikeroom S.r.l., 

   Via Vittorio Emanuele II, n. 1, 25122 Brescia (BS), Italy (IT) 

   [insert BIKEROOM's email address]

   
   

   I hereby notify you of my withdrawal from the contract for the sale of the following products: product code no. ....................................................................................................................., part of order no. ..............................................................................................................

   
   

   Ordered on: ____/____/______               Received on: ____/____/______

   
   

   Customer Name: _________________________________________________

   
   

   Customer Address: _______________________________________________

   
   

   Date: ____/____/______

   
   

   [Please attach a copy of the delivery receipt from the carrier and/or the accompanying document and/or any other document that proves the date of receipt]

   
   

   Customer Signature (only if notifying this form in paper format): _____________________________________

   
   

   ANNEX No. 2 - EXPLANATORY AND SUMMARY SHEET FOR THE BUYER - CUSTOMER CARE. 

   Summary outline of the processing of requests submitted by the Consumer Buyer. In no event shall this outline be deemed a substitute for the General Conditions and/or exhaustive. In any case, reference is made to the provisions contained in BIKEROOM's General Conditions document as well as to the time-to-time applicable industry regulations.

    BIKEROOM platform.
2. The applicable General Terms and Conditions will be those in force on the date when the Customer uses the Website and/or purchases a Product, depending on the nature of the modifications made.

Article 17 - USER ACCESS REVOCATION

• In the event of a violation of one or more articles of these T&Cs and/or fraudulent conduct by the Customer, BIKEROOM reserves the right to prevent access to the services, even permanently. The revocation of the Customer's access will be preceded by sending an email to the affected Customer, informing them of this imminent measure and the reasons behind it, without any other formality, and without excluding the possibility for BIKEROOM to seek compensation for any losses or damages suffered.

• BIKEROOM may terminate the services provided, without notice and with immediate effect, if the Customer's behavior constitutes a serious breach of these T&Cs and/or criminal activity (e.g., opening multiple accounts, fraudulent use of payment methods, attempts at fraud, or other offenses). This measure does not entitle the Customer to claim any compensation from BIKEROOM, except for BIKEROOM's right to seek compensation for any losses or damages suffered.

• In the event mentioned in point 17.1 or in the following point 17.4 of these T&Cs, the Customer may file a complaint to clarify the relevant facts and circumstances, using the addresses specified in the following Article 19 - CUSTOMER SERVICE AND COMPLAINTS. In case of revocation, lifting of suspension, or termination, BIKEROOM will immediately reinstate the Customer, granting them access to all the data they had access to before.

1. In the event of account suspension, Customers whose accounts are suspended are no longer authorized to access the Site and use BIKEROOM's services. If possible, they will be able to complete any pending orders.

Article 18 - ADVERTISING MATERIAL - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1. The material relating to the Products (e.g., photographs, images, descriptions) is published on the Website solely for informational purposes about the essential features of the Products, without being contractually binding. For detailed information, the Company invites each Customer to access the commercial documentation of the Products made available on the Website and/or on the manufacturers' websites.

1. The Website is the property of the Company and contains content protected by laws governing industrial property (e.g., trademarks, texts, photographs, images, designs, models). The use, disclosure, and reproduction on any medium, in whole or in part, of the elements of the Website for purposes not strictly related to the use of the Products, are strictly prohibited and punishable by law.
2. Users can report any illegal content that violates intellectual or industrial property rights, inserted by the Seller in the performance of a product sold on the Website. Users can notify such reports to the addresses specified in Article 19 - CUSTOMER SERVICE AND COMPLAINTS.

Article 19 - CUSTOMER SERVICE AND COMPLAINTS

1. BIKEROOM provides Customer Care for complaint handling.

1. In the event of the delivery of a Product that does not correspond to the order or in case of Product delay, the Buyer may submit a complaint to the address indicated in the following point 19.5. In the case of non-compliant products, complaints must be promptly sent via email to BIKEROOM's Customer Service, which will take action to directly contact the Seller. In these cases, the Buyer must attach:

- The order confirmation email, the tax receipt, or any other document proving the purchase, the date of purchase, and delivery (necessary elements for the warranty claim to be processed).

- Photographs, evidence, or documents that justify the subject of the complaint.

In any case, for any complaint, the User must send their contact details, product references, and any other elements justifying the subject of the complaint to BIKEROOM.

1. Users can contact the Company's Customer Service, from Monday to Friday, during working hours, excluding public holidays, through the methods provided in the "Contacts" section of the Website, or using the following contact details:

       Address: Via Vittorio Emanuele II, n. 1, 25122 Brescia (BS), Italia (IT).

       Email: [help@bike-room.com].

       P.E.C.: bikeroomsrl@pec.it.

1. Customers are encouraged to submit any complaints to Customer Service or through the contact form available at the following address [https://bike-room.com/help-center/contact-us/].
2. The contacts may or may not be used by Customers to file complaints on behalf of other Users.
3. If the User wants to report content and/or events that violate laws, regulations, and current legislation, they can send an email with the following content:

1. A sufficiently motivated explanation of the reasons why the User believes that the information and/or content constitute illegal information and/or content. 
2. Indication of the exact electronic location of such information (such as exact URL addresses and, if necessary, additional information). 
3. A statement in which the person making the report confirms their good faith belief in the accuracy and completeness of the information and statements contained therein.

Article 20 - MEDIATION

1. The Company and the Users of BIKEROOM agree to submit disputes arising from sales contracts, or in any way related, including their validity, effectiveness, interpretation, execution, and termination, to the mediation attempt provided by the conciliation service of the Brescia Chamber of Commerce, in accordance with its Regulation.

1. With exclusive reference to Consumer Customers, it is noted that they may, without any obligation, contact the European Commission's online dispute resolution platform ("ODR") under Article 14 of EU Regulation 524/2013, at the following link , for the resolution of disputes.

Article 21 - APPLICABLE LAW AND DISPUTE RESOLUTION (JURISDICTION)

1. These T&Cs are governed by Italian law. Nothing in these T&Cs will affect the right of the User, as a Consumer, to avail themselves of the mandatory provisions provided for by the legislation of their country of residence.

1. In the case of a Consumer Customer, for any dispute relating to these T&Cs, including their execution, interpretation, and/or termination for any reason, the competent forum will be the court of the Consumer's residence or elective domicile, with the option for the Consumer Customer to choose the Court of Brescia.
2. In the case of a Professional Customer, for any dispute relating to these General Conditions, including their execution, interpretation, and/or termination for any reason, the exclusive competent forum is the Court of Brescia, with any other forum being excluded.

Article 22 - PRODUCT PLACEMENT INFORMATION

1. Buyers can purchase Products on the Website by browsing through the Products using category selection or by entering specific information in the available search box. The main factors that BIKEROOM considers in presenting results on the main web pages of the Website and on pages dedicated to different categories of Products are:

- Brand recognition (based on the views obtained for each brand).

- Product recognition (based on the views obtained for each product). 

- Levels of new demands. 

- Level of new offers.

1. If a Customer is logged into their account, they will also be presented with a section of recommended products automatically generated based on the data of each Customer. The recommendations may be automatically updated when new information about the Customer becomes available.

Article 23 - USER REVIEWS OF THE SITE

23.1 BIKEROOM reserves the right to use third-party providers for the release of reviews for its Website, which provide reliability guarantees. Users are invited to review the General Conditions of the website www.trustpilot.com at the following link.

1. BIKEROOM does not control the reviews mentioned above before they are published on the website by Users.
2. BIKEROOM is not responsible for the content created by Users on the aforementioned website. Users remain solely responsible for their content.

Article 24 - CLASSIFICATION OF OFFERS FOR SALE

1. The offers are classified both in chronological order and based on the following factors: price, type (New/Used/Team), product category (cyclocross/e-bike/Road/Triathlon/Gravel/MTB), brand, and possible limited edition ("Limited Edition").

1. Buyers can choose another criterion to regulate the ordering of offers for sale according to the following criteria:

- "sort by latest": Products are sorted based on the date of creation of their Product Page on the Website.

-"sort by price: low to high": Products are sorted from the least expensive to the most expensive.

-"sort by price: high to low": Products are sorted from the most expensive to the least expensive.

-"sort by popularity": Products are listed based on fashion trends identified by our team of editors, who select fashion, luxury, and high-end items to compile a catalog that includes the most interesting and valuable pieces for potential Customers.

-"in stock": Products that are in stock or in the warehouse and available for sale are shown.

-"discount: highest to lowest": Products are sorted based on the percentage of discount, from the highest to the lowest.

-"discount: lowest to highest": Products are sorted based on the percentage of discount, from the lowest to the highest.

1. Potential Customers can save the offered products in their account's Wishlist.

Article 25 - UNILATERAL MODIFICATIONS

1. BIKEROOM may unilaterally modify these T&Cs for justified reasons, in particular, to:

1. Adapt these T&Cs to current or impending legislative or regulatory provisions.
2. Align these T&Cs with any decision issued by a court, consumer organization, or any other competent authority, concerning the content of the Website or the Services offered.
3. Adjust the fees related to purchase protection to reflect inflation and/or the Company's cost evolution.
4. Prevent abuses or damages or for other security reasons.
5. Reflect changes in the services offered by BIKEROOM.
6. Reflect changes and developments in how BIKEROOM operates.
7. Reflect changes in market conditions or industry standard practices.
8. Make formal changes to these T&Cs (e.g., to correct grammatical or spelling errors), provided that such changes do not alter the content or meaning of these T&Cs.

1. If BIKEROOM makes any of the above-mentioned modifications, BIKEROOM will inform Users of the changes to the General Terms and Conditions 15 (fifteen) days before the effective date of implementation of such changes, unless:

1. BIKEROOM is legally obliged to make the changes immediately or within a shorter period.
2. The changes are made in accordance with letter h) of the previous point 26.1, in which case they will take effect immediately. Or
3. The changes are made in accordance with letter e) of this article, limited to cases where features and functionalities are added to already provided services without, however, reducing the quality or altering to the detriment of Users the existing features, in which case BIKEROOM must inform Users of the varied General Terms and Conditions 15 days before the date on which the changes will take effect.

1. From the date of entry into force of the modifications, Users will be able to use BIKEROOM Services in compliance with the modified terms and conditions. The changes will not apply retroactively and will not affect transactions previously made on the Website. Such changes will not worsen the quality or alter the characteristics of the services provided to Users, considering a price already paid to BIKEROOM. Similarly, the changes cannot increase the fees that Users have already paid for purchase protection applied to previous transactions.

1. BIKEROOM recommends regularly checking these T&Cs and staying updated on them.

1. The continued use of the Website and/or BIKEROOM services by the Customer after the modification of these T&Cs constitutes acceptance of the changes by the User.
2. If Users are not satisfied with the proposed changes, they can terminate their relationship with BIKEROOM at any time, free of charge. In this case, BIKEROOM will continue to fulfill its obligations in relation to any ongoing Transaction that Users have already made on BIKEROOM.
3. Any modification to these T&Cs published on the Website will apply immediately to those Users who complete the online registration process after the publication of such modifications on the Website.

Article 27 - LINKS

1. BIKEROOM is not responsible for the provision of services and/or the sale of products by third parties present on the Website through links, banners, or other hypertext links. BIKEROOM does not perform any control and/or monitoring of third-party websites accessible through these links; therefore, it is not responsible for the contents of such sites, nor for any errors and/or omissions and/or violations of the law by the same.

Article 28 - COMMUNICATIONS

1. All communications related to the execution of these General Terms and Conditions are validly made if:

1. They are made using the communication tools internal to the Website.
2. If, addressed to BIKEROOM, they are sent to the PEC address bikeroomsrl@pec.it,
3. If addressed to the Seller, they are sent to the email address indicated in the previous point 3.2, which is also the Seller's account.

1. It is the responsibility of BIKEROOM and Users to monitor these communication channels to verify the receipt of any communications.

In accordance with Articles 1341, paragraph 2, and 1342 of the Civil Code, the User declares to have read and specifically accepted the following articles of these General Terms and Conditions for Buyers: 2 (Registration on the Website), 3 (Purchase of Products), 4 (Product Availability), 5 (Trade-in), 6 (Price and Payment Methods), 7 (Delivery of products from Bikeroom to Customers), 8 (Withdrawal), 10 (Legal Warranty of Conformity for Consumer Customers), 11 (Limits and Exclusions of Warranty), 17 (Revocation of User Access), 18 (Advertising Material); 20 (Mediation), 21 (Applicable Law and Dispute Resolution - Jurisdiction), 26 (Unilateral Modifications).

Attachment No. 1 – Withdrawal Form

pursuant to Art. 49, paragraph 1, letter h) of Legislative Decree 6 September 2005, no. 206 (Consumer Code)

[Please send this duly filled form if you wish to exercise your right of withdrawal from the contract]

To the attention of Bikeroom S.r.l., 

Via Vittorio Emanuele II, n. 1, 25122 Brescia (BS), Italy (IT) 

[insert BIKEROOM's email address]

I hereby notify you of my withdrawal from the contract for the sale of the following products: product code no. ....................................................................................................................., part of order no. ..............................................................................................................

Ordered on: ____/____/______               Received on: ____/____/______

Customer Name: _________________________________________________

Customer Address: _______________________________________________

Date: ____/____/______

[Please attach a copy of the delivery receipt from the carrier and/or the accompanying document and/or any other document that proves the date of receipt]

Customer Signature (only if notifying this form in paper format): _____________________________________

ANNEX No. 2 - EXPLANATORY AND SUMMARY SHEET FOR THE BUYER - CUSTOMER CARE. 

Summary outline of the processing of requests submitted by the Consumer Buyer. In no event shall this outline be deemed a substitute for the General Conditions and/or exhaustive. In any case, reference is made to the provisions contained in BIKEROOM's General Conditions document as well as to the time-to-time applicable industry regulations.

tab.2 legal warranty exclusion assumptions

Bike Frame	Non-compliant use Alterations made. Use of a high-pressure washer.
Bike Suspension	Modifications made after sale Disassembly carried out not in conformity Maintenance by unauthorized person Use of high-pressure cleaner  Damage resulting from lack of cleaning and care (e.g. mud and/or dust and/or various debris accumulated from use)
Bike Transmission	Maintenance by an unauthorized person Inadequate lubrication Damage resulting from lack of cleaning and care and/or carried out by an unauthorized person (e.g. mud, dust and/or various debris accumulated from use) Use of non-original components
Brakes	Use of high-pressure cleaner Improper maintenance (e.g. improper bleeding, or brake system replacement) Contamination of pads Use of non-compliant discs and/or discs not compatible with the brake brand  Use of non-compatible components and oils
Bike Components	Failure to observe tightening torque  Improper use Use of non-original components
Wheels	Unauthorized after-sales modifications Inadequate hub disassembly Inadequate hub, bearing, rim and body maintenance Use of high pressure washer  Inadequate spoke tension  Use of non-compatible tyres
Bike Covers	Non-conforming and/or inappropriate pressure  Non-compliant and/or inappropriate assembly  Unauthorized and inappropriate modifications
Electronic transmission unit	Improper use of the charger Batteries in 'used' condition at the time of sale