GENERAL CONDITIONS OF SALE
The activity of URSUS S.p.A., headquartered in 36027 Rosà (VICENZA), Via Manzoni 12, consists in the sale of small metal parts and accessories, manufactured by the company, for bicycles and motorcycles on the internet.
These general conditions of sale (hereinafter referred to as “General Conditions”) discipline the offer and sale of our products on our website www.ursus.it (hereinafter referred to as the “Site”).
Please read the General Condition carefully before carrying out any operation on the Site and, in any case, before placing an order. By placing an order on the Site, you fully accept these General Conditions.
Our office can be contacted directly by completing the default form on the Contact Us page of the Site or by using the phone number, fax number or e-mail address listed therein.
The products offered on the Site are manufactured and sold directly by URSUS S.p.A. The list of the products offered for sale, the description of their main features and their prices are available on the Site.
URSUS S.p.A. reserves the right to modify the present General Conditions at any time, by publishing an updated version on the Site.
The General Conditions applicable to orders placed on the Site, shall be those in force at the time in which the order is submitted, unless possible changes are required by the applicable law or by the competent authorities (in this case, such changes will be applied also to previous orders).
It will be possible to save and store a copy of the present General Conditions also by clicking on the link contained in the e-mail of the order confirmation and acceptance which will take place after the execution of the order.
ARTICLE 1: DEFINITIONS
In addition to the terms and expressions defined elsewhere in the General Conditions, the terms and expressions listed below shall have the following meanings:
- “Client/You”: the final user who purchases a Product through the Site, acting for purposes that do not fall within the frame of his own commercial, industrial, artisan or professional activity.
- “Agreement”: the present General Conditions, along with the Order and any change, deferment and renewal of the same.
- “Right to Withdraw”: Client’s right to withdraw from the Agreement and to receive the refund of the Total Price, as disciplined by Article 6 of these General Conditions.
- “Order”: the act which constitutes an offer by the Client for the purchase of the Products sent from the Client to SW Golf through the Site.
- “Price”: the unit price of a Product.
- “Price of the Order”: the sum of the Unit Prices of all the Products included in one single Order.
- “Total Price”: the total price of the Products object of the Order, inclusive of taxes and all Shipping Costs, delivery or postal and any other cost.
- “Product”: the good offered for sale on the Site and subject of the Order.
- “Return Expenses”: cost of the expenses for shipping of the Products to URSUS, for which the Right to Withdraw has been exercised.
- “Shipping Costs”: total shipping cost of the Products subject of the Order to the delivery address indicated by the Client, according to the method chosen by the Client during the Order.
Every term on the singular form includes the plural and vice versa.
ARTICLE 2: ACCESS AND METHOD OF ENROLLMENT
Access to the services is possible by previously generating a personal account on the Site.
ARTICLE 3: ORDER IMPLEMENTATION AND CONCLUSION OF THE AGREEMENT
The visualization of the Products on the Site constitutes an invitation to offer.
To purchase Products, it is necessary to submit an Order performing the following procedure:
- Select the Products which you wish to purchase and add them to your cart after having selected the quantity.
- It will be asked you to specify the delivery address and to select the preferred delivery solution, the transport and the payment method. All expenses and possible applicable additional costs to the options selected by you will be clearly visible in the summary page generated by the Site as well as the Total Price of the Order.
- At the bottom of the summary page, you will find the key “Submit Order”, which you will have to click to submit the Order, verifying first the accuracy of the data entered.
- To validate the Order, you will have to proceed with the inputting of the information for the payment of the Total Price on-line, following the instructions provided by the Site.
Once the Order is validated, you will receive an automatic e-mail of received Order, with which we are only confirming you to have received the Order and to have it submitted to the process of data verification and availability of the Products requested by you. This, therefore, does not constitute acceptance of your Order. In the event that the Products selected by you are not available, we will promptly send you a communication to inform you about it.
The Agreement between you and URSUS shall be considered concluded only when we will send you a separate e-mail of your Order’s acceptance.
As soon as we will ship your Products from our warehouse, you will receive a shipment confirmation e-mail, which will also contain your delivery number, the estimated date of delivery of your Order and a link to access the tracking system, where you will be able to check at any time the progress of the delivery.
All Orders executed on the Site must correspond to the normal consumption needs of the Client, who performs the purchase for purposed that do not fall in the frame of his commercial, industrial, artisan or professional activity.
We reserve the right to refuse Orders for quantity of Products which appear larger than the normal consumption needs of the Client and presumably destined to re-sale.
ARTICLE 4: PRICES
The unit Price of the Products offered for sale on the Site is indicated on the page relative to each Product. The summary page of your Order will show the Total Price of the Products added to your cart inclusive, therefore, of taxes and of all Shipping Expenses, delivery or postal and of any other cost, including the applicable VAT rate.
ARTICLE 5: PAYMENT
We accept payments through the PayPal system.
At the end of the Order, you will be re-directed to the PayPal login page and will be asked to fill in the fields for the name of the user and password.
The amount relative to the Order shall be charged on the PayPal account at the time of the Order’s shipment.
Once the payment has been confirmed, you will then be able to continue with the Order confirmation. In the event of cancellation of the Order by you or due to non-acceptance of the same by us, we will promptly request for the amount to be credited to your PayPal account.
ARTICLE 6: SHIPPING AND DELIVERY
At the time of the generating of your Order, you will be asked to communicate at which address you would like for the Products of your Order to be delivered.
The delivery of our Products will take place through a courier directly chosen by URSUS S.p.A.
In any event, the shipping confirmation e-mail will contain the date expected for the delivery of your Order and a link to access the tracking system, where you will be able to check, at any time, the progress of your delivery.
The risk of loss or damaging of the Products shall remain our responsibility until you or a third party indicated by you, shall obtain the physical possession of the delivered Products. In the event that a loss or a damage might take place during the shipment and the delivery of the Order, you will be able to exercise your Right to Withdraw pursuant to the following Article 7.
ARTICLE 7: RIGHT TO WITHDRAW
Purchasing in the quality of “consumer”, you will be able to withdraw from the Agreement without providing any motivation, within 30 days from the time you will obtain the physical possession of the Products in your Order. In such case, you will need to return the Products purchased and the Total Price will be refunded to you, while the costs for the Restitution of the Products shall be borne by you, except in cases where we have mistakenly sent you Products different than those ordered by you.
If you would like to cancel the order and return the goods, it is necessary for you to inform us via e-mail at firstname.lastname@example.org.
After having sent you your order cancellation request, you will be informed via e-mail, as soon as possible, that we have received your communication. In order to respect the cancellation term, it is sufficient for you to send the communication relative to the exercise of the right to withdraw before the cancellation term is expired (30 days).
The right to withdraw is excluded in reference to some products indicated in art. 59 of the Consumer Code. Particularly (without the following indication to be intended as limitation in the cases provided by the law), the right to withdraw is excluded from goods custom packaged or clearly personalized.
The return shall, in any case, take place through shipment to the following address: URSUS S.p.A., Via Manzoni 12, 36027 Rosà (VICENZA), within 15 days from the time you have expressed your intention to withdraw. We advise you to use a reputable courier as we do not take any responsibility for lost or damaged Products during transportation. In the event of lack of acknowledgement by us of receipt of the returned Products, we please ask you to communicate it to us.
If you cancel the order, all payments received will be reimbursed.
The Products must be shipped back in their original packaging and furnished with the labels they were delivered to you. We also ask you to include the delivery receipt containing the Order number and the details of your account.
We will start the reimbursement procedure of the Total Price without delay, once we will have received the returned Products or when we will receive specific documentation by you which demonstrates that you have shipped back the Products, depending on what will take place first. The refund will take place through the same method used for the payment of your Order, unless you have agreed differently with our after-sale team.
ARTICLE 8: LEGAL WARRANTY
By purchasing in quality of “consumer”, you benefit from the conformity legal warranty which the seller is held by law on any good sold (“Legal Warranty”) which guarantees the Product from patent defects in comparison to the sale contract. This, for example, takes place in the event that Products are malfunctioning, cannot be used according to the modalities declared by the seller, do not have the characteristics or qualities promised or do not correspond to the use for which they were purchased.
Pursuant to the law, in the event of Legal Warranty, you will have the right to have it repaired, free of charge, to the conformity of the Product through repair or substitution, or, if this is not possible, to a reduction in price or the termination of the Agreement. We are responsible for the conformity defects when such defects manifests themselves before the end of two years from the date of delivery of the Product. You will, in any case, have the duty to report the conformity defect within two months from its discovery.
ARTICLE 9: PROTECTION OF PERSONAL DATA
The personal data provided by the buyer are used for the execution of this Agreement and for its entire duration. The interested party, according to what provided by the legislation on the protection of personal data, may access his or her data, ask for its correction, integration and, resorting to extremes, its cancellation or its being blocked.
We inform you that the personal data provided shall be handled manually or by means of computer systems, in full compliance with Legislative Decree 196/2003.
ARTICLE 10: GENERAL PROVISIONS
In the event that any provision of these General Conditions may be deemed invalid, null or, for any reason, unenforceable, such condition shall not compromise the validity and efficacy of other provisions.
In case of non-compliance by you with these General Conditions, the failure to exercise the right of action against you, does not represent a waiver to act for the breach of the obligations undertaken by you.
ARTICLE 11: GOVERNING LAW AND COMPETENT COURT
These General Conditions and the Agreement are regulated and must be interpreted according to the laws of the Italian Republic. The application of the Convention of the United Nations on the International Sales Contracts of Goods is expressly excluded. For civil disputes relating to these General Conditions or the Agreement, the competent Court is that of the residence or domicile of the consumer, in accordance with the dispositions of the law.
ARTICLE 12: COMPLAINTS
If you have a complaint, please write to email@example.com, call the number 0039 0424 580007 or write an e-mail to firstname.lastname@example.org. We will be glad to receive your feedback as it allows us to provide a better service to our clients. Our aim is to handle complaints promptly and effectively. All complaints will be handled and will receive a response.