Users of the Services offered by BikeRibbon acknowledge and accept these terms and conditions.
SPIRALE s.r.l.
via Tiziano, 9
20841 Carate Brianza
VAT Number: 03957490968
Paid up share capital: 10.000 EUR
Chamber of Commerce of Monza e Brianza
getinfo@laspirale.com
This document is a legal agreement between you, the User, and the corporation which runs BikeRibbon for your use of it and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” and like terms refer to the corporation which owns and manages BikeRibbon as outlined in the present document. “BikeRibbon” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use the Services, you must carefully read and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
BikeRibbon is a website through which the Owner promotes and sells road cycling products and high-end bike equipment.
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
Registered Users can delete their accounts and stop using the Service at any time, through the interface of BikeRibbon or directly contacting the Owner.
Upon cancellation of the account, the User will only be able to browse through BikeRibbon but it will not have access to the additional features for which registration is required (e.g. purchase of products).
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
Users are responsible for their own content and that of third parties that they share through BikeRibbon, that they upload and post on or through BikeRibbon, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:
By submitting, posting or displaying content on or through BikeRibbon, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
The contents available on BikeRibbon are protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, their use is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such contents. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the contents, even of third parties, available on BikeRibbon nor allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on BikeRibbon, the User may be authorized, only for personal use, to download and/or copy and/or share some contents available through BikeRibbon, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
The Owner does not moderate the content or links provided by third parties before their publication on BikeRibbon. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in BikeRibbon, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. Such communication also contains the confirmation that the Order, or part of the Order, has been sent out to the client. The Owner reserves the right to invalidate an order by informing the User without undue delay of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund all payments possibly already done by the User.
Accepted methods of payment are only those listed in check-out process. BikeRibbon uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver. Any cost related to the User's not accepted payment process will be charged to the User.
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time.
The conditions of these discounts and / or offers will be specified each time on the corresponding information page of BikeRibbon. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last.
If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
Until the complete payment of the price of the products ordered, the products remain the property of the Owner.
Prices, descriptions or availability of the products on display are subject to change without notice. Photos posted are indicative and may not be an exact representation of the product.
The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by BikeRibbon in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on BikeRibbon may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary. The Owner delivers products purchased on BikeRibbon within the European Union countries.
Unless otherwise stated (e.g. products out of stock, personalised items etc.) products are normally delivered within 5 working days from the order receipt, if the delivery address lies within Italy. In case of shipping to an address outside Italy delivery times will be specified in the order summary. In case of “B2B sale”, where the User is NOT a consumer, products are normally delivered within 21 days from the order receipt.
Possible delays in delivery will be immediately communicated to Users on BikeRibbon or via email at the e-mail address provided by User at purchase.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company (if the User is a consumer, this condition applies only if the delivery has been arranged by the latter) or for delays in delivery attributable to it.
In case of purchase of products or services via BikeRibbon the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party—other than the carrier and designated by the User—takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.
To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Returned products that are damaged or were used in any other way than what’s necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery note received.
The right of withdrawal is in any case excluded in relation to goods made to specifications or clearly personalised.
If the above exceptions are applicable to the goods purchased, the User may not exercise the right of withdrawal.
The User who buys as a consumer has the right to a guarantee of conformity for products and services bought within 24 months of their purchase, provided that notice is given to the Owner of the defects found within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has right to request a fair price reduction or termination of the contract, in the following cases:
The User is obliged to return defective products.
The clauses referring to the exercise of the right of withdrawal, its consequences and exceptions as well as the rights arising from the clause “Guarantee”, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
Upon receipt of the goods, Professional Users are requested to immediately verify the products received and file any complaint about them within the next 8 days.
To file a complaint, Professional User is requested to contact the Owner at the contact details provided in the present document and describe in details the defects and/or anomalies of the goods (e.g. broken items, products different by those ordered etc.). Professional User is requested to substantiate its claims with pictures and/or by any other suitable means.
If any of such defects or anomalies of the goods are recognised and accepted by the Owner, the latter shall substitute the defective products at its own expenses, including the delivery costs.
Should the substitution above be impossible and/or prohibitively expensive, the Owner shall reimburse the Professional User by using the same means of payments as used by the User for the initial transaction.
The Professional User is always asked to return the defective goods attaching a copy of the delivery note received. To return the goods, the Professional User must wait for the Owner's prior approval and strictly follow the instructions provided. The delivery costs for returning the goods shall be borne by the Professional User but will be reimbursed by the Owner as above.
No refund or substitution of the goods shall ever take place after the term of 8 days as set forth in the present clause has expired.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
BikeRibbon and all functions accessible through BikeRibbon are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. BikeRibbon and functions accessible through BikeRibbon are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of BikeRibbon. Therefore, the Owner shall not be liable for:
In particular, Users acknowledge that products purchased on BikeRibbon must be used according to the legally prescribed descriptions, procedures and before their expiry dates. The Owner therefore does not bear any liability from whatsoever damage arising to Users because of an incorrect utilisation of the products.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on BikeRibbon.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of BikeRibbon and of its Service without the Owner’s prior written permission, granted either directly or through a proper reselling program.
For information about the use of their personal data, Users must refer to the privacy policy of BikeRibbon which is hereby considered to be part of these Terms.
All the Application's trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning BikeRibbon are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning third parties and the content published by these third parties on BikeRibbon are, and remain, the exclusive property of these third parties or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not own the property of these rights and may use them only within the limits and in accordance with the contracts in place with these third parties and for the set out purposes.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of BikeRibbon and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
For information about the use of their personal data, Users must refer to the privacy policy of BikeRibbon which is hereby considered to be part of these Terms.
BikeRibbon is a registered trademark.
All the Application's trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning BikeRibbon are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning third parties and the content published by these third parties on BikeRibbon are, and remain, the exclusive property of these third parties or their licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not own the property of these rights and may use them only within the limits and in accordance with the contracts in place with these third parties and for the set out purposes.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within BikeRibbon.
Users who continue to use BikeRibbon after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to BikeRibbon must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.