1. Scope.
These general conditions of sale (hereinafter “GCS”) govern the agreement (hereinafter the “Agreement”) for the online sale of products (hereinafter the “Product/s”) by Valsabbina Commodities S.p.A. (hereinafter “ BRINKE”), with headquarters in Desenzano Del Garda (Brescia), in Via Adua, 3, and VAT reg. no. and ID tax code 02820220982, which owns the BRINKE brand, through its website at www.brinkebike.com.
2. Validity and amendment of the GCS.
2.1 The GCS are published on the website so they can be read and understood by Customers before purchasing a Product, accepted before submitting a purchase order, stored on their PC, and printed if required.
2.2 The GCS applicable to the sale of Products are those published on the website on the date the order is placed. Customers should therefore proceed as outlined above before making a purchase.
2.3. BRINKE reserves the right to amend these conditions of sale without prior notice. Purchase orders submitted before any changes are published shall be subject to the General Conditions applicable when agreeing to the terms of sale.
3. Purchasing procedure.
3.1 The supply of Products listed on the website is subject to their availability.
3.2 Customers wishing to purchase Products must place an order directly on the website by following the procedures stipulated. When confirming an order Customers also confirm having read and accepted these conditions of sale.
3.3 In the case of multiple orders, all products ordered will be considered as covered by the agreement in place at the time each of the orders is placed.
4. Conclusion and validity of the agreement.
4.1. On receiving a purchase order, BRINKE will send the Customer a receipt containing the relevant information and proceed with dispatching the order. The confirmation e-mail will contain the details of the Customer and order, the price of the goods purchased, delivery costs and the delivery address. Customers must check that the information is correct and promptly report any amendments required. (CHECK IT IS THE PROCEDURE YOU WILL USE)
4.2 BRINKE undertakes to present and describe the items for sale on the website in the best way possible. However, errors, inaccuracies or differences between the website and actual products may transpire. The description of product characteristics in leaflets made available to customers, any other material, brochure or publication (including electronically) or promotional products offered, is approximate and not binding on BRINKE. Furthermore, photographs published on the website www.brinkebike.com are purely for illustration and do not constitute a contractual element.
5. Payment methods.
5.1. Payment can be made via credit card, PayPal or bank transfer. Payment with credit/debit card: When paying by card, the Customer's order will be processed once the payment has been authorised by the bank. If the card provider refuses to authorise the payment, BRINKE cannot be held responsible for delays or non-delivery. Payment by bank transfer: Customers must transfer the amount using the account details provided by BRINKE. Payment by PayPal: PayPal enables direct payment without communicating sensitive data over the Internet.
5.2. Communication relating to payment and information provided by Customers for payment is managed using protected systems, with all guarantees ensured by payment security protocols.
6. Prices.
6.1 All product prices stated on the website www.brinkebike.com are expressed in Euro and include VAT.
6.2. Delivery costs for online purchases are not included in the sale price, but are calculated and shown when completing the purchasing process before making payment.
6.3. BRINKE requires the full price to be paid, including delivery costs, before fulfilling the agreement and delivering the items. BRINKE will delay the execution of the agreement and delivery until the full price has been received.
6.4. The Customer accepts BRINKE right to change prices at any time. However, goods will be sold in line with the prices shown on the website at the time of ordering and confirmed in the e-mail sent by BRINKE to confirm the purchase order.
7. Delivery of products.
7.1. BRINKE undertakes to deliver the Products to the address provided by the Customer when ordering, using a designated carrier.
7.2 BRINKE cannot be held responsible for delivery errors due to incorrect or incomplete information entered by the Customer when completing the purchase order. Moreover, BRINKE cannot be held responsible for any damage to Products which transpires after being consigned to the designated carrier, nor for delivery delays attributable to the carrier.
7.3 BRINKE reserves the right to inform Customers that Products are not available within 20 days of making the purchase, using the e-mail address in the customer's profile. In such cases BRINKE will refund the Customer for the price and delivery costs (via card, Pay-Pal or the customer's bank account using the IBAN used to pay by bank transfer where applicable). BRINKE will only send a similar product of equivalent value upon agreement with the Customer. The unavailability of one or more Products ordered shall not entitle the Customer to cancel the entire order.
7.4. If the goods ordered are to be delivered outside of Italy or the European Union, import taxes and duties may be payable by the Customer once the items reach their destination. All customs charges are payable by the Customer.
8. Invoices.
8.1. BRINKE will issue an invoice for every order placed on the website www.brinkebike.com. Invoices issued will contain the information provided by the Customer when ordering. Once invoices are issued, it will no longer be possible to change the information they contain.
9. Customer rights and responsibilities.
9.1 On confirming the purchase order, the Customer confirms: a) having read, understood and accepted the GCS b) authorising BRINKE to process personal data communicated when making the purchase.
9.2 On completing the purchasing process on the website, the Customer undertakes to save an electronic copy, and print a copy of the agreement and the GCS and keep them in a safe place.
9.3 On receiving the Products delivered by the designated carrier, the Customer must check the following in the presence of delivery personnel: a) that Product type and quantities are consistent with the transport document and the order details; b) that the packaging is intact and not damaged, wet or disturbed, including fastening materials. Any issues or differences must be communicated immediately to the carrier on receipt of the Products, and shown on the delivery note.
9.4. Customers can contact BRINKE using the details provided in number 17 of the GCS for any complaints or support requirements.
10. Consumer rights.
10.1. The sale of products to customers who are consumers (i.e., individuals who buy the goods for reasons other than professional or business purposes, or who do not include a VAT registration number on the order form) are governed by guarantees in the legal provisions set out in articles 129, 130 and 132 of the Consumer Code, as amended by legislative decree no. 170 of 4 November 2021. In particular, Customers have the right to seek resolution exclusively via their retailer in the case of a fault transpiring within 2 years of receiving the goods. Any action taken to assert their rights regarding faults not intentionally concealed by the seller must occur within 26 months of the goods being received. Unless shown otherwise, it shall be presumed that any fault transpiring within a year of purchase existed already on the date of the sale, unless this is inconsistent with the nature of the item or fault.
10.2 In the event of a fault, consumers are entitled to the following:
restored functionality (with the option of a repair or replacement at no cost to the consumer, provided the method selected is not impossible or excessively onerous for the retailer),
or a proportionate reduction in price,
or cancellation of the agreement, unless the fault is minor.
No amount shall be payable by the retailer for the period in which the bicycle cannot be used due to repairs/assistance being carried out.
10.3 Consumer rights may be exercised provided that the Products have been used properly, with due care and according to their intended use and the instructions provided, and on presenting a valid sale receipt.
10.4 The guarantee does not cover normal wear and tear, scratches, abrasions or damage to exterior parts of products. In particular, it does not cover damaged caused by:
10.5 It should be noted that the legal warranty for the ebike battery is 1 year.
11. Customer/consumer cancellation rights
11.1 In accordance with article 64 of legislative decree no. 206/2005, customers have the right to cancel the Agreement if they are consumers (i.e. individuals who buy the goods for reasons other than professional or business purposes, or who do not include a VAT registration number on the order form), without incurring a charge or specifying a reason, starting from the date the order confirmation sent by BRINKE is received, and within ten working days of receiving the goods at the delivery address. The date shown on the delivery note is the proof of receipt.
11.2. These cancellation rights do not apply to purchases made by retailers or companies which are VAT-registered, nor those made directly from authorised outlets. Furthermore, these cancellation rights do not apply in the following cases: a) if the product is not returned intact, or is without the original packaging or constituent elements (accessories, screws, instruction manual etc.); b) the product is damaged for reasons not attributable to the transport; c) if the products have been used, assembled, dismantled or damaged.
11.3. Customers can exercise their cancellation rights in writing by faxing the number stated in article 17 below.
11.4. If the Product has already been delivered the Customer must return it to BRINKE. To this effect:
- the time limit for returning the Product is ten days after it was received. The date on the delivery note applies. Once this period has lapsed, the Product return date will be the date in which it was sent from the relevant post office.
- If the Product has already been delivered, it must be intact for cancellation rights to be exercised. The Customer is responsible for costs to return items to BRINKE, and must return the Product suitably organised and packaged. BRINKE cannot be held responsible for damaged goods returned, and only accepts returns that have been taken care of and kept in good condition. Customers must put a copy of the delivery note in the box.
11.5 If Customers exercise their cancellation rights as per the provisions in these GCS, BRINKE shall refund the Customer for the amounts paid via card, Pay-Pal or the customer's bank account using the IBAN used to pay by bank transfer where applicable.
12. Seller's responsibility
12.1. BRINKE cannot be held responsible for service failures due to causes of force majeure, or Internet malfunctions if orders cannot be progressed within the timescales stated in the agreement.
13. Using the website
13.1. BRINKE cannot be held responsible for issues Customers may incur when using the website or related technologies that are outside of the company's control, such as: a) errors, delays or inability in accessing the website when Customers are placing orders; b) errors, delays or inability in Customers receiving communications from BRINKE relating to the sale of Products.
14. Intellectual and industrial property rights
14.1 Note that the website, brands and logos used in relation to the sale of BRINKE Products are protected by applicable legislation on intellectual and industrial property rights, and the reproduction, communication, distribution, publication, amendment or transformation of website content, brands and corporate logos used by BRINKE is prohibited.
15. Protection of personal data
15.1. The personal data which BRINKE obtains from Customers is kept and processed in compliance with applicable legislation. Information is gathered and archived in line with government legislation and for the sole purpose of the optimal management of your orders. All personal data is kept strictly confidential. Providing this information is essential for providing the service, and refusal may result in it being unable, or only partially able, to be fulfilled. Data may be communicated to third parties such as collaborators, consultants, representatives, hauliers, partners, banks or other parties only if strictly related to executing the service. However, data will be processed on the basis of principles of lawfulness, fairness and transparency, and such that your confidentiality and rights are protected. The data you provide will be processed for the company's business purposes. Data will be processed using IT and electronic tools, and stored on hard and soft media or any other suitable type of media, in accordance with legislation. As per article 7 of legislative decree 196/2003, at any time, anyone providing personal data has the right to obtain information on the data we hold and how it is used, ask for it to be supplemented, updated or amended, ask for it to be deleted, or object to it being processed.
16. Communication
16.1 For assistance on purchasing online, sending returns or any other information regarding products contact BRINKE as follows: fax: 030 99147 86 telephone: 0309144848 In writing via registered post with acknowledgement of receipt to the address: VALSABBINA COMMODITIES S.p.A. Via Adua, 3 - Desenzano del Garda (BS) - 25015 - ITALY
17. Applicable legislation and Court of Jurisdiction
17.1.The General Conditions of Sale are governed by Italian legislation. In the event of a civil dispute concerning sale agreements made between BRINKE and the Customer through the website, the court local to the Customer shall have jurisdiction if the customer is a consumer. In all other cases the Court of Brescia shall have jurisdiction.
17.2 The invalidity of individual clauses in the AGREEMENT or GCS shall not imply that the entire Agreement or all of the terms in the GCS are invalid.