Terms & conditions
GENERAL CONDITIONS OF SALE
The sale of "COLNAGO" branded products concluded remotely through this site (hereinafter referred to as the "Website") is governed by the following General Conditions of Sale.
This document describes the General Conditions of Sale (GCS) to be applied exclusively for sales concluded between Ernesto Colnago and C. S.r.l. (hereinafter "COLNAGO" or the "Seller") with individuals who do not hold the status of professional vendors through electronic means, of the products presented on the website https://www.colnago.com or other platform or app owned by COLNAGO, a company under Italian law, with a registered office at Viale Brianza, 9 Cambiago (MI), VAT number and tax code IT08005460152.
The use of the distance selling service described in these General Conditions of Sale is restricted exclusively to consumers (hereinafter referred to as the "Customer" or, in the plural, "Customers") understood as natural persons who act for purposes not related to their trade, business, craft or any professional activity they perform, aged over 18 (or, if a minor, authorised by their legal representative).
The language used for the conclusion of the sales contract through this Website is English.
These General Conditions of Sale are published on the Website in order to allow the Customer to know, store and reproduce them in accordance with current legislation.
The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase. These General Conditions of Sale are effective from the date of acceptance of the same by the Customer on the Website, which to all intents and purposes is valid as acceptance pursuant to Article 1341 of the Italian Civil Code. COLNAGO reserves the right to make changes and/or additions to these General Conditions of Sale at any time.
Any changes and/or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against COLNAGO of the same in relation to purchases made after their elimination from the Website, and this also in the event that the said General Conditions of Sale were, in any case, available and/or accessible to the public through other websites, other than the one indicated above.
The Customer accepts and acknowledges that the products offered by COLNAGO on the Website (hereinafter referred to as the "Products") are numerically limited and is therefore aware that COLNAGO will have to verify their availability at the time of purchase.
Problems may occasionally occur in relation to the availability of certain Products. In these circumstances, COLNAGO will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of their order.
In the case of only partial availability, the Customer will be informed.
The Customer agrees to receive only the Products available, unless they have selected the option to receive only the entire order on the Website. In this case, the Customer will be asked if they prefer to receive the available Products or proceed with the cancellation of the total order.
COLNAGO reserves the right to alter articles on sale through the Website at any time without notice.
Products offered for sale on the Website can be viewed via a link that allows you to view the photographic images of the item, the unit price, colors and sizes (if any). The estimated delivery dates for those Products expressly indicated on the Website as "Pre-Order" or as "Pre-Order Products" or as "Customized Products", since these Products are not yet ready for shipment, will be indicated in the link relating to the products themselves.
The Products chosen by the Customer will be included in a specific section (hereinafter referred to as the "Cart").
The description of the Products, including the sizes together with one or more photographic images in digital format which allow a correct representation of the Products, will be included in the Customer's Cart.
Although COLNAGO constantly adopts measures to ensure that the photographs shown on the Website faithfully reproduce the original Products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, COLNAGO will not be responsible for any inadequate graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.
To view the selected Products and the total purchase order price, you need to access the Cart page. Before confirming the proposed order (hereinafter referred to as the "Order Proposal"), the Customer is required to verify the accuracy of the contents of the Cart and its data and to complete the purchase form according to the instructions provided on the Website.
The purchase procedure ends when the Customer clicks on the appropriate definitive order confirmation button with their cursor (hereinafter referred to as the "Purchase Button"), thus validating their Order Proposal, which will be sent directly to COLNAGO.
After clicking on the purchase button, the content of the Order Proposal can no longer be changed by the customer.
Before confirming the Order Proposal, the Customer must declare that they have read and accepted these General Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.
The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to COLNAGO.
Each Order Proposal and the Customer's data necessary for the purchase will be stored by COLNAGO for the period of time and in compliance with the conditions provided for by current regulations.
The Customer is aware that they are responsible for the correctness and truthfulness of all data entered on the Website or otherwise used during purchase.
The Customer acknowledges that such Products are not yet available for shipment at the time their Order Proposal is sent. Products that can be pre-ordered by the Customer are clearly identified and indicated as such on the Website through the expressions "Pre-Order" or "Pre-Order Products", and the Products customizable by Customers are clearly identified and indicated as such on the Website through the words "Customized Products".
The Customer acknowledges and agrees that if they pre-order Products and/or order a Custom Product, the relevant price shown on the Website and displayed in the Cart section will be charged to Customer in advance, i.e. upon receipt of the Confirmation Email, as defined below, even though the Pre-Order Products and the Customized Product are not ready for shipment at that time. The Pre-Order Products and the Customized Product will be delivered to the Customer by the estimated relevant date specified on the Product’s description page.
If the Order Proposal sent by the Customer also contains one or more Pre-Order Products and/or Customized Products, in addition to the Products already available, the prices of all the Products relating to this Order Proposal will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, even if the Pre-Order Products and the Customized Products will be delivered by the last estimated relevant delivery date, as indicated on the Product description pages.
CONCLUSION OF THE CONTRACT
Following the confirmation of the Order Proposal, the order is sent to COLNAGO to be processed and cannot be further modified. The Order Proposal issued by the Customer will be considered by COLNAGO only if the entire purchase procedure has been duly completed, without any error being highlighted by the Website. After making the Order Proposal, the Customer will receive an email at the address indicated by the same, with which COLNAGO will communicate that it has received the Order Proposal. This email cannot be understood as acceptance of the Order Proposal. The acceptance of the Order Proposal by COLNAGO and the conclusion of the contract will take place in accordance with the provisions of point 4.2 below.
The contract entered into between COLNAGO and the Customer must be deemed concluded when the Customer receives one or more confirmation emails from COLNAGO (hereinafter referred to as the "Confirmation Email"). The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Products and its main features, the total price of the order, including any shipping costs, the address to submit any complaints, information on after-sales service, the existence of the right of withdrawal and how to exercise it.
COLNAGO reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
non-availability of the Products included in the Order Proposal despite what is applicable to Pre-Ordered Products;
existence of a legal dispute between COLNAGO and the Customer relating to a previous order;
if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled their obligations
if it appears that the Customer is purchasing the Products with the purpose of reselling or transferring them for commercial or professional purposes
if the Customer has been involved in or is suspected of illegal or fraudulent activity.
In the above-mentioned cases, COLNAGO will communicate to the Customer by email, within 30 (thirty) days from the date of actual receipt of the order, the possible cancellation of the orders received. In this case, no Order Proposal shall be deemed accepted by COLNAGO and no contract shall be deemed concluded between COLNAGO and the Customer.
In the case of partial availability of the Products ordered, if the Customer has selected the option to receive the entire Order, they will be asked if they wish to receive the Products available or cancel the entire Order. If the cancellation is only partial, only the amount relating to the Products actually purchased will be charged to the Customer. Unless they have selected on the option to receive the entire Order as a whole on the Website, the Customer agrees to receive only the Products available.
PRICE AND METHOD OF PAYMENT
The prices of all Products offered for sale on the Website include VAT and are indicated in euros.
The total amount of the price shown in the Cart includes any shipping costs, which will be indicated separately. In any case, COLNAGO will request the express consent of the Customer for any additional costs.
COLNAGO only accepts credit cards and other payment methods expressly indicated on the Website.
The transaction will be charged to the Customer only after they have received the Confirmation Email from COLNAGO.
The shipment of the purchased Products will be carried out only after the payment of the amount due by the Customer has been successfully completed. In the event that, for any reason, it is impossible to debit amounts due from the Customer, the sale process and the sale itself shall be automatically cancelled, as per the communication that will be sent to the Customer.
For security reasons, COLNAGO will not process any order addressed to a P.O. Box nor will it accept any order for which it is not possible to identify the physical person to whom the order is addressed and their address.
Products sold on the Website may only be delivered to the countries indicated above (INSERT SHIPPING COUNTRIES ATTACHMENT). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing process.
In the cases in which the Customer is charged shipping costs, they will be separate and expressly indicated from any other cost or expense, at the end of the procedure for completing the Order Proposal and prior to the Customer clicking on the Purchase Button.
COLNAGO will deliver these Products on the estimated delivery date or during the estimated delivery period agreed with the Customer, as specifically indicated to the Customer on the Product description page.
COLNAGO will have the right to split the Order into multiple shipments, based on the availability of the Products for delivery, and the Customer will receive the Products separately according to their availability for shipping, unless they have selected the option to receive the entire Order in one shipment on the Website. COLNAGO may charge the Customer separate prices for only the Products actually shipped or in one shipment.
The Customer shall assume the risk of loss of damage to the Products only at the moment in which they, or a third party designated by them and other than the carrier, materially enters into possession of such Products. If, on the contrary, the loss or damage of the Products occurs before the material is delivered to the Customer or to a third party designated by them, COLNAGO will refund the Customer the amounts already paid.
Customers are required to check the goods on delivery to ensure that they correspond to items ordered and that they do not have any production or other defects. The legal guarantees provided for by current legislation are applicable to the sale of the Products, in addition to additional conventional guarantees that may be provided to the Customer.
Any damage to the Product or packaging during shipping, or a mismatch from what is indicated on the corresponding documents, must be immediately reported to the courier by writing WRITTEN RESERVE OF CONTROL and specifying the reason directly on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to oppose any dispute about the external characteristics of the delivered goods. The Customer is obliged not to accept the goods with damaged packaging, without the aforementioned indication, also refusing delivery if in turn the courier refuses to include it in the transport documentation. If the goods are accepted and the clause "with RESERVE" is included in the transportation document, the Customer will be diligent in promptly verifying whether the delivered goods are totally or partially damaged, and in this case will notify COLNAGO in writing within 8 days, specifying the type of damage found, accompanied by photos of the damaged part.
In the event of manufacturing flaws or conformity defects, the Customer shall have the right to have the Product’s conformity restored, free of charge, by means of repair or replacement, based on the least costly expense for COLNAGO and in any case unless the requested remedy is objectively impossible or excessively costly with respect to the other. If one of the premises set forth under the law should occur, the Customer may alternatively request an appropriate reduction of the price or the termination of the contract and the consequent reimbursement of the sums paid. It is understood that the Customer shall forfeit these rights if they fail to notify COLNAGO of the Product’s
non-conformity within 2 (two) months from the date on which they discovered the defect. In any case, COLNAGO shall only be liable for conformity defects which become apparent within 2 (two) years from delivery of the Products. The action aimed at asserting the defects is prescribed within 26 (twenty-six) months from the delivery of the Products.
In order to report the presence of flaws and defects of the Products and obtain one of the remedies listed above, the Customer may contact COLNAGO at the addresses indicated in the present conditions of sale.
RETURNS AND REFUNDS-WITHDRAWL
The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery or collection of the Products, except in the case of Customized Products. In the case of a split order, this period shall begin on the day of delivery or collection of the last Products.
To exercise the right of withdrawal, the Customer must send their request with the following information to the address: email@example.com
Recipient [name, geographical address and, where available, telephone, fax and
email addresses must be entered by the professional]:
I/We (*) hereby notify (*) of the withdrawal from my/our (*) contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
Customer(s) Signature of consumer (only if this form is sent on paper)
The Customer undertakes to return the Products for which they have exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which they have notified COLNAGO of their decision to withdraw from the contract.
The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, not used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by any accessories and labels with which they were received. In the event that a Product was delivered with a tamper-proof security label, the return of the Products will not be accepted if the original security label has been removed, broken or tampered with.
COLNAGO reserves the right to refuse the return of any Products that have been damaged, degraded, dirty or in a state such as to suggest, unequivocally, that they have been used for purposes other than the Customer verifications strictly necessary to ascertain the nature and characteristics of the purchased Products. In case of refusal to return the goods, COLNAGO will send appropriate communication to the customer and will not proceed to re-credit the price paid by the latter, also reserving the right to claim compensation for any damage attributable to the Customer's conduct.
The refund of the price of the returned Products will be made by COLNAGO without undue delay and in any case within 14 (fourteen) days from the date on which COLNAGO became aware of the exercise of the Customer’s right of withdrawal.
COLNAGO, in any case, reserves the right to withhold the reimbursement until it has received and verified the Products or until the Customer proves that the product has been returned correctly and in undamaged condition, which ever comes first.
The aforementioned reimbursement will be made by crediting the amount paid by the Customer with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that they do not have to bear any cost as a result of the reimbursement. COLNAGO will confirm to the Customer by e-mail that the price has been refunded.
COLNAGO will not be required to reimburse the costs of delivery of the Products if the Customer has expressly chosen a type of delivery other than the standard one offered by COLNAGO.
The return of the Products in accordance with this article is permitted only in relation to purchases made on the Website.
In consideration of the fact that Customized Products are permanently modified and customized specifically for the Customer and that their original form cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer for Customized Products. Consequently, the provisions contained in this article 8 shall not apply to Customized Products, it being understood that the exclusion of Customized Products from the right of withdrawal shall not affect the application of the legal guarantees, provided in Article 7 above, to such Products as well.
LIMITATION OF LIABILITY
Except in cases of malice or gross negligence, COLNAGO shall not, in any manner, be held liable to the Customer for indirect or consequential damages which may derive from to the purchase of Products for sale through the Website.
PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
COLNAGO guarantees the authenticity and high quality of all Products offered for sale on the Website.
The "COLNAGO" trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos present on "COLNAGO" products, on their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the COLNAGO Group. The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited.
These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule more favorable to the Customer, applicable in the Customer's country of habitual residence.
In the event of a dispute concerning the interpretation and/or application of these General Conditions of Sale, the Court with jurisdiction over the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and binding jurisdiction. Should the Customer’s domicile or residence be located in a territory other than the Italian State, the Customer may choose, at their discretion, the Court of their place of residence or domicile or the Court of Milan where COLNAGO has registered its office.
Alternatively, according to Article 14 of EU Regulation 524/2013/EU, the Customer may promote one of the procedures for the out-of-court settlement of disputes provided for by the regulations in force. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed through the website http://ec.europa.eu/odr.
For any complaints, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarification regarding what is reported in these General Conditions of Sale, Customers can send an email to the following address: firstname.lastname@example.org or contact +39 02 95 308 082
Last update: April 07, 2022
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read the contract and to expressly approve the following clauses: 2. Product Availability 3. Purchase Procedure, 4. Conclusion of the Contract. 5. Price and Method of Payment, 6. Delivery, 7. Product Compliance, 8. Returns and Refunds - Withdrawal, 9. Limitation of Liability 10. Product Authenticity and Intellectual Property Rights 11. Disputes 12. Contact