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Access to the website www.venturafixedgear.com (hereinafter referred to as "the website"), the use of the same and the purchase of the products, presuppose the reading, knowledge and acceptance of these general conditions. The products available on the website ("products"), subject to these terms and conditions, are sold by CICLOFFICINE VENTURA by Ventura Nicola, with registered office in TRANI (BT), Via Badoglio, 31 - postcode 76125, VAT number 07419300723, enrolled at the Bari Commercial Register no. 555676 (hereinafter referred to as "Ciclofficine Ventura"). The content of the website, such as, but not limited to, images, music, videos, graphics and any other material published on it, including web pages, layout, functions and software, are protected by Ciclofficine Ventura’s Intellectual Property Rights; in the absence of written express consent, its reproduction is forbidden, in whole or in part. Ciclofficine Ventura is also the exclusive owner of the trademark, and also domain name, "Ciclofficine Ventura". All other badges of the products sold on the website are trademarks of their respective owners and are legitimately used for the sole purpose of describing the products for sale; any use of the trademark Ciclofficine Ventura and/or third party trademarks that do not comply with the law and, as such, are unauthorized, is prohibited and shall have legal consequences. It is in no way permitted to use such distinctive features to take unfair advantage of the reputation of the same so as to cause injury. The website www.cicclofficineventura.com may contain links to other websites that have no connection with Ciclofficine Ventura, which last one does not control them; therefore the latter can not be held responsible for what is contained in other websites with regard to personal data processing. Ciclofficine Ventura undertakes to ensure that the published images represent as faithfully as possible the products sold. However, the colors of the products may differ from the actual ones due to computer system settings used by users for the visualization. Product images may differ because of dimensions. Ciclofficina Ventura also undertakes to make sure that contents on the website do not make harm to values, religion and dignity of people, in all its forms and expressions, according to current national law.
For the purposes of these General Conditions, it shall mean:
• "Online" sales contract: the contract of sale concerning the Supplier’s movable property, concluded between the Customer and the Supplier through a telemarketing system organized by the Supplier;
• Supplier/Seller: the person indicated in the epigraph, that is the person providing the information services;
• Consumer: a natural person who acts for purposes other than business, commercial, craft or professional activity, if any;
• Professional: Any natural or legal person who makes an order in the exercise of their business, commercial, craft or professional activity, or in any case holder of VAT (since the VAT insertion during the purchase procedure is considered an index of the making of the purchase for purposes of business, commercial, craft or professional activity).
Hereinafter, therefore, both the consumer and the professional will be referred to as "Customer".
The (on-line) offer and/or sale of the product on the website constitutes a distance contract governed by art. 50 et seq. of the legislative decree 06.09.2005, n. 206 ("Consumption Code") and legislative decree 09.04.2003, no. 70 (the so-called e-commerce discipline). The purchase of products on the website is only allowed to those who have reached the age of majority. With this contract, the Supplier sells and the Customer buys, at a distance, by means of telematic tools, the material goods shown and offered for sale on the website www.venturafixedgear.com
The contract between the Supplier and the Customer concludes exclusively through the Internet via the access of the Customer to the address www.venturafixedgear.com. The purchase of the products on the website can only take place through user’s registration, by filling out the mandatory fields of the form on the dedicated webpage, and consent to personal data processing according to the privacy policy.
In accordance with the legislative decree 09.04.2003, n. 70 on e-commerce, Ciclofficine Ventura informs the Customer that: in order to purchase one or more products on the website, the customer must select the items of interest and send the order to the seller on the telematics following the instructions which will appear on the website from time to time, indicating: code, color, size, brand and product description; any additional information. Before proceeding to the final transmission of the order, the customer will be able to identify and correct any errors in data entry in accordance with the instructions accompanying the stages of the purchase. The user must then expressly approve the general sales conditions, whose reading, confirmation and acceptance by link is a mandatory field. The order form will be filed in Ciclofficine Ventura database for the time it takes to execute it and, in any case, within the terms of the law. The language made available to customers for the conclusion of the contract is Italian. The customer can consult the general sales conditions, print them or save them, using the normal features of computer programs. The customer undertakes to privately handle their access credentials and not make them available to third parties. The customer, by sending the order, will make an irrevocable contractual proposal to Ciclofficine Ventura regarding the articles contained in the shopping cart. After receipt of the order submitted by the customer, Ciclofficine Ventura will send a confirmation email to the indicated email address containing information on the essential features of the purchased product, indication of the size, price of the product, payment method chosen by the customer, any additional costs, the assigned order number, as well as the information on the right of withdrawal and the personal data processing. After receipt of the order-acceptance, a binding contract must be concluded between the customer and Ciclofficine Ventura. Conversely, after three business days from the transmission of the order, in the absence of order acceptance by Ciclofficine Ventura, the customer's proposal will automatically be ineffective. Ciclofficine Ventura reserves the right to refuse orders coming from: a customer with whom it has a controversy; by a customer who has previously violated the terms and/or terms of the purchase agreement; by a customer who has been involved in fraud related to credit card payments or other; by a customer who has provided false, incomplete or inadequate identification data.
Ciclofficine Ventura builds its own commercial offer on the basis of the items available in its warehouses and of the availability provided by its suppliers/distributors. The availability of the product will be indicated in the information sheet for each product. The website and any information and content contained therein may be modified at any time without prior notice, in order to ensure the maximum correspondence between the stock availability (and/or communicated by the suppliers) of Ciclofficine Ventura and those indicated in website. In case of unavailability of the ordered product, the customer can be notified via e-mail within 3 working days of the order being forwarded. If the customer has already paid for an unavailable product and opts for termination of the contract, Ciclofficine Ventura will refund the amount paid within the next 20 business days after the article's unavailability notice.
The prices published on the website, in line with market parameters (so as not to devalue the prestige of the brand), are in Euro and shall be deemed to include VAT and constitute a public offering in accordance with art. 1336 C.c.. Delivery costs are at customer’s expense, unless otherwise stated in the product information document. The supplier reserves the right to change the price of the product at any time; in any case, the price of the product charged to the Customer will be the one indicated on the website at the time of order and no account will be taken of any changes (increasing or decreasing) subsequent to the transmission thereof.
Payment of products purchased on the website may be made by the methods indicated during the purchase procedure. Unless otherwise agreed, the customer will pay in full the price of the products when Ciclofficine Ventura will accept the order. Ciclofficine Ventura will deliver the purchased items only after receipt of the payment. Regular tax receipt will be issued. The request for invoice must be made at the time of the order, after filling out the "note" field, in which to indicate header data. In the process of forwarding the order, several payment methods may be proposed.
The payment methods indicated in the order form are as follows.
Shipping charges, at the expense of the Customer, are € 8.00 for orders up to € 80.00; € 12.50 for orders from € 80.00 to € 200.00. For orders over € 200,00, no shipping charges apply. If the customer opts for cash on delivery, il will be applied an increase as provided for in the previous art., regardless of the value of the order. For deliveries, Ciclofficine Ventura will use a carrier of its choice, and if the item is available, it will send it, after confirmation of payment or the end of the financial transaction, within the next ten working days, unless there are any complications. Ciclofficine Ventura will not be held responsible for the failure or delayed delivery in case, even if it has provided the regular and timely purchase of the items to cover the received order, it has not been replenished in the terms and conditions agreed with the supplier; or it can not compensate for the lack of availability of such articles, that is it has promptly informed the customer that such article is unavailable. If an item is unavailable, Ciclofficine Ventura will refund to the Customer any prepayment of the price within thirty working days from the above mentioned notice of unavailability without any right of the latter to any indemnification. Ciclofficine Ventura will not be held responsible for missed or delayed delivery due to force majeure. Product deliveries are made by Ciclofficine Ventura to the destination address indicated by the customer in the order form. It may also be excluded delivery to some locations considered backcountry by Ciclofficine Ventura. For the delivery of products to certain areas abroad or to backcountries, specifically indicated during the purchase procedure, payment of a shipping charge may be required, the exact amount of which will be clearly indicated during the purchase procedure and before transmission of the order. The Customer must check at the time of receipt of the order acceptance by Ciclofficine Ventura that the delivered product corresponds to what is indicated in the order form; that the packaging is intact, not damaged, neither wet nor otherwise altered; that the closing materials (adhesive tape or plastic strips) have in no way been tampered with; that the product carries the Ciclofficine Ventura seal.
The Supplier assumes no liability for any disavowal due to force majeure if it fails to execute the order within the terms of the contract. The Supplier may not be held liable to the Customer, except in the case of guilty verdict or gross negligence, for malfunctions or misconduct related to the use of the Internet outside its control. The Supplier will also not be liable for damages, losses and costs incurred by the Customer as a result of the non-performance of the contract for causes which are not attributable to him, since the Customer is entitled only to the full refund of the price paid and any ancillary charges incurred. The Supplier assumes no responsibility for the fraudulent and illicit use that may be made by third parties, credit cards, checks and other payment methods upon payment of the purchased products, if it proves to have adopted all the possible caution based on the best science and experience and on the basis of ordinary diligence. In no event shall the Customer be liable for delays or disqualifications in payment if he proves that he has paid the same time and manner as indicated by the Supplier.
According to art. 114 et seq. of the Consumption Code, the Supplier is liable for damage caused by defects in the goods sold if it fails to inform the damaged party, within three months of the request, the identity and domicile of the producer or the person who provided the goods. This claim by the injured party must be made in writing and must indicate the product causing the damage, the place and date of purchase; it must also contain the product vision, if it still exists. The Supplier can not be held responsible for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or to the state of the scientific and technical knowledge that, at the time when the manufacturer put the product on the market, did not recognised the product as defective. No compensation will be payed if the injured party was aware of the defect of the product and of the resulting danger and nevertheless voluntarily exposed it. In any case, the damaged party must test the defect, damage, and the causal connection between defect and damage. Damaged person may claim compensation for damage caused by death or personal injury or the destruction or deterioration of something other than defective product, provided that it is of a kind normally intended for private use or consumption and is thus mainly used by the injured party. Damage to things referred to in art. 123 of the Consumption Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euro (387 euro).
The Supplier shall be liable for any defect of conformity which occurs within two years of delivery of the goods. For the purposes of this contract, supplies of consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are suitable for use for which goods of the same type are normally used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has submitted to the consumer as a sample or model; (c) they present the usual quality and performance of a good of the same type as the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, public declarations of the specific characteristics of the goods made by the seller in question; producer or his agent or representative, in particular in advertising or on the label; (d) they are also suitable for the particular intended use of the consumer and which have been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has also accepted for concluding facts. The Customer shall cease to have any right if he does not denounce the Seller the failure to comply within a period of two months from the date on which the defect was discovered. The complaint is not necessary if the seller acknowledged the existence of the defect or concealed it. In any case, unless there is evidence to the contrary, it is assumed that the defects of conformity which occur within six months of delivery of the good already existed on that date, unless such a hypothesis is incompatible with the nature of the asset or the nature of the lack of conformity. In the event of a non compliance, the Customer may request, alternatively and without charge, the following terms, repair or replacement of the purchased item, a reduction in the purchase price or termination of this contract, unless the request it is not objectively impossible to meet or result for the Supplier over-burdensome in accordance with art. 130, paragraph 4, of the Consumption Code. The request must be made in writing, by means of registered letter, to the Supplier, who will indicate its willingness to submit the request, that is, the reasons for doing so, within seven business days of receipt. In the same notice, where the Supplier has accepted the Customer's request, he/she must communicate the terms of delivery or return of the goods as well as the deadline for returning or replacing the defective good. If repairs and replacements are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the time limit specified above, or if the replacement or repairs previously made have had significant disadvantages to the Customer, they may request, at their option, a fair price reduction or termination of the contract. In that case, the Customer will have to send his request to the Supplier, which will indicate his/her willingness to do so, ie the reasons that prevent him/her from doing so, within seven working days from the receipt. In the same notice, if the Supplier has accepted the Customer's request, it shall indicate the reduction of the proposed price or the manner of returning the defective good. In such cases the Customer's burden will indicate how to re-credit the sum previously paid to the Supplier.
In accordance with Articles 64 et seq. of the Consumption Code, the consumer has the right to withdraw from the purchase contract of the product without any penalty and without specifying the reason, within ten days of delivery of the product. In the event of a withdrawal, the Customer will not be entitled to any indemnity or compensation in any way, except for the right to repayment of what has already been paid as a price. In order to exercise this right, the Customer must send to:
Ciclofficine Ventura by Ventura Nicola
Via Badoglio 31 - 76125 Trani (BT)
a written notice to this effect, within 10 working days from the date of receipt of the product. The communication may be sent by telegram or e-mail within the same 10-day deadline, provided that it is confirmed by registered letter with acknowledgment of receipt within 48 hours. The registered letter must be delivered to the Post Office within 10 days. In the withdrawal communication the customer must necessarily indicate: 1) customer name or customer code; 2) customer email; 3) customer's delivery address; 4) code, quantity and description of the product to be returned; 5) reason for withdrawal; 6) any additional notes. However, the delivery of the goods must be made no later than 30 (thirty) days from the receipt of the goods. In any case, in order to be entitled to full refund of the price paid, the good must be returned intact and in normal state of preservation. The product must therefore be returned in its entirety without any signs of wear or dirt, with the guarantee seal still intact in the original packaging. The withdrawal, moreover, applies to the product in its entirety, and can not be exercised in relation to parts and/or accessories of the product. The sole expenses incurred by the customer for the exercise of the right of withdrawal under this Article are the direct costs of returning the goods to the Supplier. This refund is done under the full responsibility of the customer until the receipt of the product by Ciclofficine Ventura. In accordance with art. 67, 4th paragraph, Consumption Code, only after receipt of the product and only after having verified the compliance with the terms and conditions for the exercise of the right of withdrawal and the integrity of the product as specified in the preceding paragraph, Ciclofficine Ventura will proceed to refund, within thirty days from the date of receipt of the notice of withdrawal. The right of withdrawal does not apply to the supply of custom-made or clearly customized goods or which, by their nature, can not be returned. In the event that the product is damaged, Ciclofficina Ventura will report the fact within 7 working days from receipt of the product. In this case, the product will be made available to the customer so that he can return it and at the same time, given that there is no condition of product integrity, the request for withdrawal will be refused. In the event that the withdrawal has not been exercised in accordance with Art. 64 et seq. Consumption Code and, in particular, where the product is not intact in all its parts and/or accompanied by its accessories and/or integral elements and/or is lacking the original packaging and warranty seal when it is part of the product, or even when it is damaged or used by the customer, it will not result in the termination of the contract and, consequently, will not entitle the repayment. The product will therefore remain at Ciclofficine Ventura at customer's disposal for the withdrawal at the expense and responsibility of the Customer himself.
Without prejudice to the Supplier's obligations under Art. 11, the customer agrees to pay the price of the purchased goods in the times and manner indicated in the Contract and, upon completion of the online purchase procedure, to provide for the printing and retention of this online sale contract.
Information contained in this contract has, however, already been viewed and accepted by the customer, and by him/her acknowledged, as this passage is made mandatory prior the purchase confirmation.
The obligations assumed by the customer as well as the guarantee of the good end of the payment that the customer makes with the means of art. 8, and also the exact fulfillment of the obligations assumed by the Supplier in Art. 12, are essential, so that, for a pact, the default of only one of those obligations, if not determined by chance or force majeure, will result in termination of contract law ex art. 1456 c.c., without the need for judicial decision.
Ciclofficine Ventura adopts technical and organizational measures so as to safeguard security of the sales service, the integrity of traffic data and electronic communications, in order to avoid risks of dispersal, destruction and loss of users’ confidential and non-confidential information, that is unauthorized access or non-compliance with the law. Personal data required during the submission process of the order are collected and processed in order to satisfy customer's requests for the correct execution of the order (also through the transmission to sales partners involved in the payment management, order execution and/or item shipment) for any claims regarding the item warranty and/or recommendations or instructions for the customer concerning the item itself. Information retention and processing will conform to the rules on personal data processing, governed by the privacy code of Legislative Decree no. 196 of 30.06.2003 and following amendments. Personal and business data, provided by the Professional/Consumer when adhering to the sales service, and to anything related to it, will be processed by CICLOFFICINE VENTURA’s owner Ventura Nicola, with registered office in TRANI (BT), Via Badoglio, 31 - postcode 76125, VAT number 07419300723, enrolled at the Bari Commercial Register no. 555676, and can be summarized as follows: 1) provision of required services and administrative and accounting obligations (order, billing, financing, complaint, return, etc.); 2) sending sales info concerning Ciclofficine Ventura's products, services or initiatives and/or its sales partners. For the above purposes the provision of data is mandatory; missing, partial or inaccurate provision could result in the impossibility of providing the requested services. Processings of points 1) and 2) above may be performed via computer or manual modalities with procedures able to ensure compliance with legal arrangements in force. At Ciclofficine Ventura customer’s personal data are processed by employees operating directly under the “processing controller”, who have been appointed in charge and have received appropriate training. Some personal data processing may also be carried out by third parties based in Italy and/or abroad, to which Ciclofficine Ventura entrusts certain technical or organizational or management activities (or part of them) which are functional to the provision of the services mentioned in point 1) or to carry out the activities indicated in point 2). In that case, the same subjects will act as independent holders or will be designated as responsible or in charge of the treatment. The Owner and Responsible for the processing of personal data is Nicola Ventura, domiciled in TRANI (BT), Via Badoglio, 31 - postcode 76125. With regard to the processing of personal data, the customer may, at any time, exercise the rights referred to in art. 7 of the Code via e-mail to info@venturafixedgear.com or by post to: CICLOFFICINE VENTURA by Ventura Nicola with registered office in Trani, Via Badoglio, 31 - postcode 76125.
The owner of the data processing collected on the website will decide independently on the purposes and methods of the processing, as well as on the security procedures to be applied to ensure privacy, integrity and availability of data. Any refusal to disclose mandatory data to Ciclofficine Ventura will make impossible the pursuit of the primary purpose of the specific collection: such refusal might, for example, imply the impossibility of providing other available services. The acquisition by Ciclofficine Ventura of further data, other than the essential ones, is optional. The customer has always the right to obtain by Ciclofficine Ventura confirmation about: personal data processing, although not yet registered; purpose and methods of personal data processing; the logic applied in case data processing is carried out with the aid of electronic devices; identification details of the owner and of the people responsible for the processing; indication of the subjects or categories of subjects to whom personal data may be disclosed. The customer, moreover, has always the right to obtain from Ciclofficine Ventura: a) the updating, modification and integration of personal data; b) the deletion of personal data processed in violation of law; c) the attestation that the transactions referred to in points (a) and (b) have been brought to the attention of those to whom the data have been communicated or disseminated, except such fulfillment proves impossible or burdensome with regard to the right protected. The customer also has the right to oppose, in whole or in part, the personal data processing for the purpose of sending advertising material or direct marketing or for conducting market research or commercial communication. Ciclofficine Ventura, according to the adopted privacy policy, applies the following principles: 1. it processes data exclusively for the purposes and in the manner illustrated in the disclosure presented when collecting them; 2. it uses data for further purposes other than those for which the data was specifically released only if there is express user consent; 3. it make the data available to third parties only for instrumental purposes for the provision of the requested service and as part of an appointment as controller of the processing; it does not surrender nor transfer the data to third parties for their own processing without the prior knowledge and consent of the users; 4. it responds to requests for deletion, modification, integration of the data provided, opposition to data processing for the purpose of sending commercial information and advertising; 5. it ensures a correct and fair data management, safeguarding the privacy of users and enforcing appropriate security measures to protect the privacy, integrity and availability of the data provided. The website uses automatic data collection systems not directly released by the user, such as cookies; they do not contain comprehensible information but allow you to associate the user with the personal information they issue on the website. Nobody can access the information contained in the cookies on Ciclofficine Ventura. Ciclofficine Ventura treats information collected through cookies only anonymously and in aggregated form, in order to optimize its services and website in relation to the specific needs and preferences of its users. The Internet browser allows you to delete cookies after each session. Acceptance of automatic data processing procedures and the use of cookies are necessary for the use of the site and its services. Ciclofficina Ventura operates with appropriate security measures to minimize the risks of destruction or loss - even accidental - of data, unauthorized access or unauthorized processing or non-compliance with the purposes set out in our Privacy Policy; however, Ciclofficine Ventura can not guarantee to its users that the measures taken for the website security and data transmission exclude any risk of unauthorized access or data dispersion by devices belonging to the user.
These general sales conditions of use and privacy policy (hereinafter referred to as general conditions) are fully governed by the Italian law. For any dispute arising out of or relating to these general terms and/or individual contracts between Ciclofficine Ventura and the professional, including those relating to the interpretation, execution and resolution thereof, the Trani Forum (BT) will be the only one responsible. Any dispute arising out of or related to these general terms and/or individual contracts between Ciclofficine Ventura and the consumer, including those relating to the interpretation, execution and possible resolution of the same, the consumer’s residence or domicile forum will be in charge. In case of contracts concluded with professionals, or contracts concluded with consumers residing in non-EU countries where there is no provision in support of the consumer, the Court of Trani, where Ciclofficine Ventura has its registered office, will have exclusive jurisdiction on any dispute arising out of or related to these General Terms and/or individual contracts.
The applicable general conditions are those in effect at the time the purchase order is transmitted; they can be changed at any time, and any changes and/or updates will be in place only since they are posted on the website, which the customer will have to verify. By forwarding the order, the customer becomes aware of and accepts expressly the general terms and conditions valid at the time of conclusion of the on-line contract. Careful reading of the general sales conditions, and the inherent approval, represent a conscious negotiation of every single clause. Where a provision of the present or future provision of the general sales conditions and/or the contract should be or becomes wholly or partly ineffective, or there is a shortage in the terms of the general sales conditions or contract, the remaining provisions of the general sales conditions and contract will remain in force and effective in any case. In such cases, Ciclofficine Ventura and the customer undertake to negotiate any contractual integrations and to replace the null or void clauses in order to safeguard the contract in any case.
Read, signed and approved
In accordance with and for the effects of the articles 1341 and 1342 of the Italian Civil Code, the customer declares to expressly approve the provisions of the following Sections of these general conditions: 5. (Conclusion and Effectiveness of the Contract), 6. (Availability of products and refund time), 7. (prices), 8. (payment methods), 9. (Costs and delivery terms), 10. (limitations of liability), 12. (Warranty and assistance), 13. (Right of withdrawal), 14. Causes of resolution), 15. (Data protection and disclosure content ex art. 13 Legislative Decree 196/2003), 16. (Applicable Law, Court of Jurisdiction), 17. (Modifications to General Conditions).
Read, signed and approved