TERMS AND CONDITIONS
The terms with capital letters provided hereunder shall have the following meaning:
“Account”: the Account of the Client following its registration at the Website.
“Client”: means the user of the Website who intends to submit an Order.
“Order Confirmation”: has the meaning provided at following Paragraph 5.
“Consumer Code”: means the Italian Legislative Decree 6 September 2005, no. 206 and following amendments.
“Customized Product”: means any Product that may be customized through the configurator available on the Website.
“Delivery Address”: the address provided by the Client under the Order where the Product will be delivered.
“Exept”: means Exept S.r.l., with registered office in Via Felice Casati 20, 20124 Milano (MI), VAT number 01721020095.
“Gift Card”: means a card that may be available on the Website, issued by Exept and pre-paid by the Client, by which the Client (or a different beneficiary) is entitled to purchase Products on the Websites. Gift Cards shall be valid for a period of one year starting from their issue.
“Order”: means the order of purchase submitted by the Client in order to buy any Product on sale on the Website.
“Parties”: means, jointly, the Client and Exept.
“Party”: means, the Client or Exept.
“Product”: means any product on sale on the Website.
“Terms”: means these terms and conditions.
“Voucher”: means a credit issued by Exept that can be used in order to purchase Products on the Website. The Voucher shall be valid for a period of one year starting from its issue.
“Website”: means www.exept.cc
“Territory”: Europe *
*The orders coming from Europe will be processed automatically, for other Countries the Customer will receive a quotation and all the information for payment, shipping, ecc
The Terms apply to the purchase of the Products and ancillary services made by the Client through the Website. By submitting the Order, the Client accepts these Terms. No terms, conditions or warranties other than those identified in the Terms and, in general, in the Agreement, or understanding, oral or written, in any way purporting to modify the terms and conditions whether contained in Client Order or shipping release forms, or elsewhere, shall be binding on Exept unless hereafter in writing and signed by Exept’s authorized representative.
Client is hereby notified of Exept’s express rejection of any terms inconsistent with the Agreement or to any other terms proposed by Client and not accepted in writing by Exept. Neither Exept’s subsequent lack of objection to any terms, nor the delivery of the products or services, shall constitute an agreement by Exept to any terms.
Exept reserves the right to modify or amend the Terms from time to time without notice. Client’s continued use of our Website or submitting of an Order following the posting of changes to these Terms will mean that Client accepts those changes.
It is Client’s responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, purchase of any Product. By placing an Order, Client represents that the Products ordered will be used only in a lawful manner.
3. INFORMATION ABOUT THE SELLER
Name of the company: Exept S.r.l.
Registered office: Via Felice Casati 20, 20124, Milano (MI)
VAT number: 01721020095
E-mail: email@example.com – firstname.lastname@example.org
4. PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, Products and prices of Products and services described or depicted on this Website are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Exept makes all reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour seen by the Client will depend on its computer system, and Exept cannot guarantee that the computer used by the Client will accurately display such colours.
The inclusion of any Products or services on this Web Site at a particular time does not imply or warrant that these Products or services will be available at any time.
All the information provided under Article 49 of Costumer Code, such as information about the seller, the price, the incomes, the delivery costs, the essential attributes of the Products and any other information required by the Italian law, are available in the Website and the Client can have access to such information before submitting of the Order.
The Products on sale on the Website are compliant with Italian laws in force at the date of execution of the Order. Products purchased on the Website can be delivered throughout the Territory only.
For any clarification regarding the Products and their use, the Client is entitled to contact the Customer Service at email@example.com.
Any Order is subject to the acceptance of Exept that reserves the right, at its own discretion, to reject the Order also without any motivation, including but not limited to the following cases:
- The Order can not be executed because of some mistakes in the information or data supplied by the Client, for example with reference to the delivery address or regarding the payment (wrong number or expiration date of the credit card etc);
- The Website contains mistakes regarding the price or the description of the Products;
- The Products on the Website are no longer available.
The acceptance of the Order is subject to prior payment of an amount equal to 40 % of the price of the Product. In case of non-payment of such amount, Exept shall be entitled to suspend or delete the Order.
In case of acceptance of the Order and, in any case, after the collection of 40% of the price of the Product, Exept will send the confirmation of the order via email (“Order Confirmation”) to the email address communicated by the Client within the Order and/or used to register the Account. The email sent to the Client as a receipt of an Order does not constitute Order Confirmation. Exept cannot be liable in case the email address communicated by the Client is not correct or in case the Client does not receive the Order Confirmation. In such cases, the purchase of the Products will be considered as valid.
The remaining 60% of the price shall be due when the Product will be ready for shipping. In any case, Product will not be shipped until Exept collects the whole amounts due by the Client.
Notwithstanding the Order Confirmation, Exept reserves the right to suspend or cancel the Order and/or the delivery of the Products in case of non-payment or partial payment of any sum due by the Client to Exept, as well as in case of fraud or attempted fraud also with reference to previous Orders. In addition, Exept reserves the right, without prior notice, to limit the order quantity on any Product or service and/or to refuse service to any Client. Exept also may require verification of information prior to the acceptance and/or shipment of any Order, also after the Order Confirmation.
In case of refusal of the Order, Exept will communicate to the Client such refusal within 30 working days starting from the date of submission of the Order. The Client is not entitled to cancel the Order, once it has been submitted. In such case, the Client can contact the Costumer Service to try to settle the issue. The Client, if applicable, is entitled to withdraw as provided by Paragraph 11 below.
The prices listed on the Website are in Euros including VAT but excluding delivery costs. Delivery costs are the responsibility of the Client and are calculated and billed at the end of the Order in addition to selected Products. The system will automatically add shipping costs.
For the orders coming outside Europe we’ll send a quotation. In any case the quotation not include: VAT, custom duties and other taxes.
These are International shipping rates for our Exept frames/bikes. As you can see, due to different weight of packages, there are two distinct rates: the first for frame set only, the second for a complete bike kit.
Please feel free to contact us for any doubt you might have.
|Area||Frame set||Complete Bike|
|Switzerland||75 €||200 €|
|USA and Canada||150 €||450 €|
|Australia||250 €||550 €|
|Asia||200 €||500 €|
These are indicative prices that will be confirmed and better specified in the final quotation.
The Client shall pay, at the submission of the Order, an amount equal to 40 % of the price. The balance will be paid before the shipping of the Products.
The Client represents and warrants to be authorized to use the payment method selected when the Order has been submitted.
Any banking expenses shall be borne by the Client, also in case of reimbursement.
In case of non-payment or partial payment, Exept reserves the right to charge default interest starting from the 10th day following the date of the Order Confirmation.
The payment methods are:
- Bank Transfer: after your order we’ll give you our Bank Account information;
- PayPal: in such case, the Client will be redirected to PayPal platform to finalize the payment transaction;
- Voucher, if available;
- Gift Card, if available.
Exept reserves the right to suspend or cancel the Order and/or the delivery of the Products in case of non-payment or late payment or partial payment of any sum due by the Client to Exept, as well as in case of fraud or attempted fraud also with reference to previous Orders.
Exept reserves the right to ask a copy of the identity document of the Client for any payment made by credit card as well as any other information related to the identity of the Client in order to guarantee the security of the transactions made through the Website.
8. DELIVERY OF THE PRODUCTS
The Product ordered by the Client will be delivered at the Delivery Address provided under the Order.
Products purchased on the Website can be delivered throughout the Territory only. For the shipment, Exept uses the shipment services offered by UPS. The delivery requires 7 (seven) days starting from the shipment date. The courier will make 3 (three) delivery attempts. The Client is provided with a tracking number. The tracking service is available on UPS website https://www.ups.com/track?loc=it_IT&requester=MB/.
The Products travel at the risk of the Client.
The time required for the delivery is indicative, subject to change and shall start from the e-mail sent by Exept confirming the shipment of the Products. Exept cannot be liable for any damages arising from (or other consequences caused by) any delay in the execution of the Order or any delay in shipment or delivery of the Products or any damage to the Products during the carriage by the courier.
9. DEFECTS OF THE PACKAGING
At receipt, the Client, or whoever on its behalf, should verify that:
- The parcel is intact, not damaged, wet or altered in its packaging; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “withdrawn subject to verification” and also notified via email to the Customer Service of Exept at the following email address firstname.lastname@example.org; otherwise the parcel shall be considered properly delivered;
- The Products match with what quoted in the transport documents and/or invoice both for quantity and type; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “withdrawn subject to verification” and also notified via email to the Customer Service of Exept at the following email address email@example.com; otherwise the content of the parcel shall be considered free from imperfections and/or defects.
It is also possible, at Client’s discretion, to apply an insurance policy on the Product as a warranty for any damages which may occur during the transport, with an additional cost for the Client which may vary according to the means of transport and the destination and that has to be requested before the payment is cleared by sending a written request via e-mail to firstname.lastname@example.org.
10. DEFECTS OF THE PRODUCTS
In case of defective or damaged Products, the Client shall send an email to email@example.com or send a letter to Exept S.r.l., Via Felice Casati 20, 20124, Milano (MI) to promptly inform the Customer Service. The Customer Service will give any instruction to return the Products. The Client shall have the rights under art. 130 of the Consumer Code and shall follow the instruction provided by the Customer Service otherwise the Client cannot receive any refund or repair or replacement of the Products. Furthermore, the defected Product shall be sent to Exept in its original packaging, otherwise the Client is not entitled to receive any refund, repair, or replacement of the Products.
Upon receipt of the returned Product, Exept will fully examine the Product and notify the Client of his right to a repair, a replacement or a refund via e-email within 30 days of the receipt of the defective Products. Exept aims to process the repair or refund or replacement as soon as possible and, in any case, within 30 days of the day Exept confirmed the Client that he is entitled to a refund or repair or replacement for the non-conforming Product.
In case of existence of any defect, defective Product will be repaired or replaced, or refunded in full, including a refund of the delivery charges and any reasonable costs incurred by Client in returning the Product. Exept will always refunds any money using the method used to make payment by the Client.
If, after having examined the Product, Exept does not find any defect, the Client will not be entitled to any refund or repair or replacement and the Product will be delivered to the Client at Client’s expenses.
11. RIGHT OF WITHDRAWAL
Pursuant to and in accordance with art. 52 of Consumer Code, the Client is entitled to withdraw without providing any specific reason within 14 days from receipt of the Product and receive a full refund of the price of the Products (excluding the delivery costs).
The Client acknowledges and accepts that the right of withdrawal is excluded with reference to all personalized items as provided under art. 59 of Customer Code. Therefore, the right of withdrawal may be exercised only with reference to not customized spare parts (if available on the Website) as follows:
- by recorded mail to be sent to Exept S.r.l., Via Felice Casati 20, 20124, Milano (MI)
- or by e-mail to firstname.lastname@example.org.
The Client can use the following template withdrawal form provided by Annex I, part B of the Consumer Code:
“To Exept S.r.l.
The undersigned __________ hereby withdraws from the agreement concluded for the purchase of the following Products [describe the Products], ordered on _________ (or received on __________)
– Name, Surname, Address
In case of exercising the right of withdrawal, the Product shall be returned in its original packaging, complete in all its parts no later than 10 working days from following notification to the Exept.
The Products have to be intact, unsealed by the Client following delivery, the Products should not have been used, worn, washed or damaged. In any case, the exercise of the right to withdraw is reserved exclusively to the individuals who purchase the Product for purposes not connected with an entrepreneurial, business, craft or professional activity: therefore, the right to withdraw cannot be exercised by Clients who make VAT purchases or where there is an entrepreneurial, business, craft or professional activity.
The return shipping costs of the Product to Exept shall be paid by the Client. The Client has legal obligation to take reasonable care of the Products and is responsible until the delivery to Exept. Once the Products are delivered to the following address: [Via dell’Artigianato 91A 17024 Finale Ligure (SV) Italy], Exept will examine all Products returned and will notify the Client via e-mail the refund approval within a reasonable period of time. In accordance with Consumer Code, Exept is entitled to deduct from any refund due, any decrease in the value of the returned Products caused by improper handling of the Products. The refund, which includes the whole Order or the part of the Order involved in the withdrawal, shall be made by Exept using the same method originally used by the Client to pay for the purchase within 14 (fourteen) days from the Products receipt and only if the Products are under the conditions indicated to exercise the right of withdrawal. Exept shall not be responsible for delay caused by credit card/debit card companies refund policies.
The right of withdrawal is lost if the Product is not returned intact, namely:
- without the original box
- the absence of elements of the Product (accessories, parts removed, etc)
- damages to the Product.
Exept guarantees that the Products are free from any fault/defect in accordance with the laws of Italy.
13. LIMITATIONS OF LIABILITY
The liability of Exept in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product. Exept is not responsible in case, under unforeseeable circumstances or force majeure, it is not able to deliver the Order in the terms provided for by the Website or in case of any other inefficiency. Exept shall not be considered responsible for any inefficiency or malfunctioning in connection to the use of the internet and out of control power from Exept itself. Exept shall not be responsible in case of damages, losses and costs afforded by the Client following the failure to perform the Order for reasons not due to Exept, as the Client is only entitled to the repayment of the amount paid. Exept is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the purchased Products, if Exept has used of all the possible measures according to the best of its knowledge at the time when the event occurred.
14. ACCURACY OF INFORMATION
Exept attempts to ensure that information on this Website is complete, accurate and current. Despite its efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable Italian law, Exept makes no representation as to the completeness, accuracy or currency of any information on this Website. In addition, Exept may make changes in information about price and availability without notice.
15. INTELLECTUAL PROPERTY RIGHTS
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Exept, its licensors, vendors, agents and/or its Content providers. All elements of the Website and of the Products, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, Clients are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. Client may not modify any of the materials and Clients may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, Clients are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. Client shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Client use of the Website. The Website, its Content and all related rights shall remain the exclusive property of Exept or its licensors unless otherwise expressly agreed.
Any communication, consent, authorization requested or allowed by the Agreement shall be in writing sent by registered mail (with report) and/or email: if to the Client, to the email and/or address used to register the Account and if to Exept to the Customer Service at the following address email@example.com .
This Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings (both written and oral) of the Parties hereto with respect to the subject matter hereof and cannot be amended or otherwise modified except in writing executed by the Parties hereto.
In the event any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
18. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Italy.
Any disputes arising with respect to or in connection with the interpretation and performance of this Agreement shall be subject to the jurisdiction:
- (i) of the city of residence of the Client, if the purchase of the Product is made by individuals who purchase the Product for purposes not connected with an entrepreneurial, business, craft or professional activity;
- (ii) of the Court of Milan, if the purchase of the Product is made by individuals who purchase the Product for purposes connected with an entrepreneurial, business, craft or professional activity.
For the sake of clarity, the Clients who make VAT purchases are considered as clients who purchase Product for purposes connected with an entrepreneurial, business, craft or professional activity.
19. ONLINE DISPUTE RESOLUTION (ODR)
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Paragraph. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.