General Terms and Conditions of Sale (The Netherlands)
GENERAL TERMS AND CONDITIONS OF SALE (THE NETHERLANDS)
Website publication and entry into force date: 19/12/2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PLACE AN ORDER: (i) THEY EXPLAIN THE BASIS UPON WHICH YOU WILL ENTER INTO A LEGALLY BINDING CONTRACT AND SET OUT BOTH PARTIES OBLIGATIONS, (ii) THE PRODUCTS ON THIS SITE ARE INTENDED FOR PURCHASE BY CONSUMERS ONLY AS DEFINED IN THE SECTION 1.2.
1.1. These general terms and conditions of sale (hereafter the “Terms and Conditions”) shall apply to the purchase of bicycle tyres (hereafter the “Tyres”) and to cycling apparel and/or accessories (hereafter the “Apparel”) marked with the trademarks of the Owners, as defined in section 12 below (hereafter the “Product(s)”), via the e-commerce the Netherlands section of the website velo.pirelli.com (hereafter the “Site”) by users falling within the definition of “Consumers” pursuant to section 1.2 below. The domain name of the Site, pirelli.com, is registered by Pirelli & C. S.p.A. The Products displayed on the Site are sold by Pirelli Tyre S.p.A., Viale Piero e Alberto Pirelli, 25 Milan (Italy), registered with the Companies House of Milan, Tax Code and VAT no. 07211330159, REA of Milan no. 1147607 (hereafter the “Seller”).
1.2. The parties involved in the purchase of Products via the Site shall be the Seller, and the individual purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the “Consumer”). The Seller and the Consumer shall be referred to jointly as the “Parties”.
1.3. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including but not limited to any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, where applicable, shall be made to the address set out under the “Contact Us” section of the Site or to the email address firstname.lastname@example.org (hereafter the “Customer Contact Centre”). Any communication from the Seller to the Consumer shall be by telephone or in writing sent to the Consumer at the email address or postal address provided either during the Site registration or purchase process. When using the word “writing” or “written” in these Terms and Conditions, this includes email.
1.4. All purchases are regulated by the Terms and Conditions published on the Site, at the time the order is submitted by the Consumer.
1.5. The Consumers must be aged 18 or over in order to make purchases on the Site and have the legal capacity to perform the purchase. The Consumer warrants that it complies with these requirements.
1.6. The Consumer shall be responsible for any costs incurred to connect to the Site via the Internet, including any telephony costs incurred by the Consumer with their service provider.
2. Product features and availability in the various geographical areas.
2.1. The Products are sold by the Seller with the features described on the Site and in accordance with the Terms and Conditions, to the exclusion of all other terms or conditions. The main characteristics of the Products are provided in each Product fact sheet on the Site. Any samples, drawings, descriptive matter or advertising issued by the Seller and any descriptions of the Products or illustrations contained on the Site are published for illustrative purposes only. The images and colors of the Products on sale on the Site may vary and/or not correspond to the actual Products due to the Internet browser and monitor used. As a result these representations shall not form part of the contract or have any contractual force.
2.2. The Seller reserves the right to amend, in whole or in part, these Terms and Conditions at any moment in time and at its own discretion, and will give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to orders placed from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. Any change to the sales prices or to the main characteristics of the Products shall come into force from the date on which they are published on the Site, and will apply only to orders placed by the Consumer from that date onwards.
2.4. The Seller may change the Products to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements.
2.5. Users from all over the world can access this Site; however the Products available on the Site can only be purchased by users who request delivery to the Netherlands.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. Each order submitted by the Consumer to the Seller via the Site is subject to these Terms and Conditions. By placing an order with the Seller, the Consumer fully accepts the Terms and Conditions without reservation. Before ordering any Products from the Site, the Consumers will be asked to read these Terms and Conditions carefully, to print off a copy of the same by using the print function on their computer and to save or keep a copy of the same for their own records. Consumers will also be asked to provide accurate details and check and correct any errors in their personal data submitted during the order process.
3.2. A contract for the purchase of the Products is made when the Seller sends an email to the Consumer confirming that the order has been accepted (“Order Confirmation”). The Order Confirmation will include a pdf copy of the Terms and Conditions, a summary of the order placed, including the price (inclusive of shipping costs and applicable duties, if any), along with a description of the Product.
3.3 If the Seller is unable to accept the order, it will inform the Consumer in writing, and the Consumer will not be charged for the Product.
3.4 The Consumer will not be charged until the order has been accepted. However, upon receipt of the order, the Seller will create an authorisation. This will show on the Consumer’s bank statement as a reservation of funds which allocates the money to the order but this will not be released until the order has been accepted. In the event that the Seller is unable to accept or fulfil the order, the Seller will request that the Consumer’s bank cancels the authorisation. If the authorisation still remains after several days, the Consumer should contact its bank to request that they act upon the Seller’s cancellation of the payment.
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to the virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumers will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and will have the opportunity to change or correct the contents. At this point, the Consumer, will be required to carefully read and expressly approve the Terms and Conditions by ticking the relevant check box and, finally, confirm the order by pressing the "Confirm Order and Pay Now" button. The Consumer will also be asked to select payment by credit card and he/she will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check and verify the personal details provided by the Consumer for accounting and administration purposes.
4.2 The information provided by the Consumer, when placing the order, will be used to issue the invoice. During the order process, the Consumer must indicate if the delivery address is different from the billing address.
5. Delivery and acceptance of the Products
5.1. Whilst the Site generally states whether or not the Products are available and the estimated delivery times, such information is purely indicative and is not binding on the Seller.
5.2 The Seller shall use its reasonable endeavours to comply with the delivery times set out in the Order Confirmation and, in any event, shall deliver the Products within a maximum of 30 (thirty) days (or any other different term agreed by the Parties in writing) from the date of the Order Confirmation. If the order cannot be processed by the Seller, within the timing set out in the Order Confirmation, the Seller shall notify the Consumer in writing and the Consumer shall either:
5.2.1 specify a further delivery time that is appropriate in the circumstances; or
5.2.2 terminate the contract and the Seller will refund the amount already paid in accordance with section 8 below.
5.3. If the Consumer elects, in accordance with section 5.2.1, to specify a further delivery time and the Seller fails to deliver the Products in accordance with this delivery period, the Consumer is entitled to terminate the contract and the Seller will refund the amount already paid in accordance with section 11.4 below.
5.4. The Products ordered by the Consumer shall be delivered by courier. The Consumer undertakes to promptly check (in the shortest possible time) that the delivery is correct and includes all and only the purchased Products, and to promptly notify the Seller of any faulty Products received or any discrepancy between the order and the Products actually received, following the procedure referred to in section 10 of these Terms and Conditions.
5.5 Once the Products have been delivered to the delivery address, the Consumer will own them and be responsible for them.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the Site are in Euro and inclusive of the costs of standard packaging, VAT (where applicable), any applicable duties and for orders with a value higher than Euro 50.00 (fifty), inclusive of shipping costs. For orders with a value lower than Euro 50.00 (fifty), the purchase price is not inclusive of the shipping costs which will be calculated and made available to the Consumer before the order is placed. The Consumer agrees to pay the shipping costs to the Seller in addition to the price for the Product shown on the Site.
6.2. The total price payable to the Seller will be indicated in the order and set out in the Order Confirmation.
7.1. Payment for the Products purchased on the Site must be made before the Seller will ship the Product(s) to the Consumer.
7.2. Payments for orders placed on the Site, shall be paid for by credit card on the conditions provided below.
7.3. When payment is made by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to N&TS GROUP Networks & Transactional Systems Group S.p.A., with its registered office in Mariano Comense (CO), Italy, Via San Francesco 19, Como Chamber of Commerce registration number 2457673, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data will remain inaccessible even for the Seller.
7.4. The invoice/tax records relating to the purchase will be sent to the Consumer (where legally required), in electronic format to the email address provided by the Consumer.
8. Consumer’s right to end the contract due to the Seller’s actions
8.1 The Consumer shall be entitled to terminate the contract for any of the reasons set out below, upon which the contract will end immediately and the Seller will provide the Consumer with a refund in full for any Products which have not been supplied. The reasons are:
8.1.1 the Seller has advised the Consumer about an error in the price or description of the Product;
8.1.2 there is a risk that the delivery of the Product may be significantly delayed because of events outside of the Seller’s control (as per section 15);
8.1.3 the Seller has suspended, or is going to suspend supply of the Products for technical reasons; or
8.1.4 the Seller cannot process the order within the timing set out in the Order Confirmation (as per section 5.2).
8.2 If the Consumer ends the contract for one of the reasons set out in section 8.1, the Seller will be responsible for the costs associated with returning the Products.
9.1 The Seller warrants that each Product (i) complies with the statements contained in any technical information provided to Consumer on the Site (ii) has been manufactured without manufacturing or material defects which render the Products unsuitable for the use for which products of the same type are normally used and (iii) is not lacking in any qualities essential for such use (the “Warranty”).
9.2 The Warranty shall apply on condition that:
9.2.1 any alleged defect has been notified to the Seller within 60 days from its detection and in any event within 24 months from the delivery date to a Consumer;
9.2.2 adequate evidence of purchase is provided with the Product;
9.2.3 the defects are due to faulty manufacture or workmanship; and
9.2.4 the Product has been stored and used in accordance with all technical requirements or recommendations issued by the Seller.
10. What to do if there is a problem with the Product
10.1. If a Product does not comply with the Warranty (a "Faulty Product"), the Consumer has the right, at its choice, to ask for replacement or repair of the defective or non-conform Product, free of charges.
10.2. If the Product cannot be repaired or replaced within a reasonable time or such repair or replacement causes unreasonable costs and burden for the Seller or an excessive inconvenience for the Consumer, then the latter will be entitled, at its choice, to terminate the contract and receive full reimbursement of the price paid, including any delivery or returns costs, or, alternatively, to keep the Product and request a price reduction. The contract cannot be terminated, if the lack of conformity is minor.
10.3. To exercise its rights to reject the Faulty Product and cancel the contract, the Consumer must contact the Customer Contact Centre and send the form available in “My Orders” page of the Site clearly indicating the defect and/or non-conformity detected, along with the required documentation as indicated in the same form. Also, if the Faulty Product is/are Tyre(s), a copy of the Order Confirmation and/or the invoice must accompany the form. If the Faulty Product is Apparel, in addition to a copy of the Order Confirmation and/or the invoice, the Consumer will need to submit 3 photographs to accompany the form; 1 of the Apparel, 1 of the Apparel’s internal label and 1 of the actual defect detected on the Apparel and then follow the instructions provided by the Customer Contact Centre.
10.4 With regard to the Tyre, on receiving the form and related documentation, the Customer Contact Centre will contact the Consumer to arrange the logistics of collection of the Product(s) by the Seller’s appointed courier. The Consumer must make available to the courier a package containing both the Product(s) and a copy of the form previously sent by e-mail to the Customer Contact Centre, duly signed. Once the Product(s) has/have been received by the Seller and, quality control tests performed in order to assess whether the Product does not in fact conform with the Warranty, the Seller will send the Consumer communication in writing giving information on the next steps to be taken. Such communication shall not be deemed, in any case, as an acceptance of defects or lack of conformities of the Product.
10.5. With regard to the Apparel, following receipt of the relevant documentation by the Customer Contact Centre and after having carried out the related quality checks, the Consumer will be provided with a communication by email to the address provided by the latter during the Site registration process or during the placement of the order. Where a complaint is accepted, the Customer Contact Centre will contact the Consumer to organize the collection of the Apparel, which collection will be performed by the Seller’s appointed courier. To this courier, the Consumer must make available a package containing both the Apparel and a copy of the complaint form previously sent by email to the Customer Contact Centre, duly signed.
10.6. Any refunds due to the Consumer for a Faulty Product will be paid by the Seller without undue delay, using the same means of payment used by the Consumer to purchase the Product. The Seller may withhold any refund until the Product has been returned to the Seller.
10.7. No additional warranties other than the warranty in this section 10 are granted by the Seller to the Consumer.
11. Right of cancellation
11.1 The Consumer shall have the right to cancel any order for a Product without having to provide a reason or pay any penalty at any time, within 14 (fourteen) days from:
11.1.1 the day on which the Product is received by the Consumer or a person identified by the Consumer to take possession of it; or
11.1.2 if several Products on one order are delivered separately, from the date the last Product was received by the Consumer or a person identified by the Consumer to take possession of them.
11.2 To exercise the right of cancellation, the Consumer shall notify the Seller, before the deadline indicated in section 11.1 above, of his/her intentions, using the cancellation form by accessing the "My Orders" section of the Site or, if the Consumer is not a registered user, by accessing the “My Orders” section by clicking on the link set out in the Order Confirmation. As an alternative, the Consumer can send a notice of cancellation to the Consumer Contact Centre by email confirming his/her intention to exercise the right of cancellation before the deadline, as indicated under section 11.1.
11.3 Following the provisions of section 11.2, the Consumer will receive an email confirming the exercise of their cancellation right, and if he/she has already received the Product ordered, the instructions for collection of the Product(s) by the Seller’s express courier within the following 14 days. The risks and direct costs of returning the Products, as well as the proof of this, will be borne by the Seller.
11.4 If the Consumer exercises its right to cancel within the 14 day cancellation period, the Seller shall refund the payments received from the Consumer with the exception of shipping costs (in the case of orders with a value lower than Euro 50.00), without undue delay and in any event no later than 14 days from the exercising of the right of cancellation. The Seller will make such refunds using the same means of payment used by the Consumer to purchase the Product. The Seller may withhold the refund until it has received the returned Products.
11.5 The Consumer is liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Therefore, if the returned Products are found to be used or damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, decrease in the tread, etc.), not complete with all parts and accessories, unaccompanied by the instructions/notes/manuals supplied, the original packaging, the Consumer shall be accountable for the decreased value of the Product, and shall receive a refund equal to the residual value of the Product. For this reason it is highly recommended that Consumers do not handle the Product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to retain the original packaging.
12. Intellectual Property Rights
12.1. The Consumer acknowledges that he/she is aware that all trademarks, names and other distinctive signs, including – without limitation – the “PIRELLI” letters and logo trademark, the “P ZERO™ VELO” trademark, the “SMARTNET™ Silica” trademark, as well as any names, images, photographs, written text or graphics used on the Site or relating to, or shown on, the Products are and remain the exclusive property of Pirelli & C. S.p.A., Pirelli Tyre S.p.A. or their respective owners, as the case may be (jointly and severally, the “Owners”) with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
12.2. Therefore, unless prior specific consent is granted in writing by the Owners, no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose, unless permitted by mandatory provisions of statutory law.
13. Protection of Consumer’s Personal Data
13.1. In order to proceed with the registration process and to place an order the Consumer is required to provide certain personal details, such as the Consumer’s name, address, mobile phone number, and at a valid payment method. The Consumer, hereby, acknowledges that the personal data provided in connection with the Consumer’s use of Site or purchase of a Product, will be recorded and used by the Seller, as data controller, as well as by the company used by the Seller to allow the Consumer to make payments for the Products via the Site and, upon granting his/her consent, for any other activities as the case may be, in accordance with and subject to the applicable law.
13.2. The Consumer hereby declares and guarantees that the personal details provided during the registration and purchase process are truthful and accurate.
13.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
14.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
14.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by N&TS GROUP Networks & Transactional Systems Group S.p.A. which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
15. Events outside the Seller's control
15.1 The Seller shall not be liable for any failure to perform, or delay in performance of, its obligations under a contract with a Consumer that is subject to these Terms and Conditions, if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, acts of terrorism, wars, riots, power cuts, general strike of public and/or private workers or strikes which restrict the operations of shippers and airline links.
15.2 If an event which is outside of the Seller's control takes place that affects the performance of the Seller's obligations:
a) the Seller will contact the Consumer as soon as reasonably possible to notify the Consumer; and
b) the Seller's obligations will be suspended and the time for performance of its obligations will be extended for the duration of the event. Where the event outside the Seller's control affects its delivery of Products to a Consumer, the Seller will arrange a new delivery date with the Consumer after the event is over, at the cost of the Seller, or the Consumer may end the contract and receive a refund.
16. Law and Disputes
16.1. These Terms and Conditions are governed and construed in accordance with Italian law save for the protection afforded to the Consumer by provisions of the law, where the latter is resident, that cannot be derogated.
16.2. The Consumer will be entitled to bring legal proceedings in the courts of the jurisdiction in which he/she is resident or domiciled.
16.3. As an alternative to resolving disputes through the courts, the Consumer may, if it chooses, refer its complaint to: the European Online Dispute Resolution Platform (European ODR Platform). The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: email@example.com
17. Other important terms
17.1. The Seller may transfer its rights and obligations under these Terms and Conditions to another organisation. The Seller will inform the Consumer in writing if this happens and it will ensure that the transfer will not affect the Consumer’s rights under the contract. The Consumer may only transfer its rights or obligations under these Terms and Conditions to another person if the Seller agrees to this in writing.
17.2. This contract is between the Seller and the Consumer. No other person or organisation shall have any rights to enforce any of its terms except for the Owners.
17.3. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining articles will remain in full force and effect.
17.4. If a party does not insist immediately that the other party does anything that it is required to do under these Terms and Conditions, or if a party delays in taking steps against the other in respect of a breach of this contract, that will not mean that a party does not have to do those things and it will not prevent the other party from taking steps against the defaulting party at a later date.