TERMS AND CONDITIONS
– The content of these Website pages is made available to the users for informational purposes only. Such content may change without prior notice.
– The user acknowledges that some information and materials may contain inaccuracies or mistakes. Ubiquoo Srl expressly excludes liability for these inaccuracies or mistakes to the maximum extent permitted by law. Potential damages of any kind deriving from the above-mentioned information are excluded from Ubiquoo Srl’s liability.
– The unauthorized use of this Website can result in a claim for damages compensation and/or can be considered a criminal offense.
– The use of this Website and any dispute deriving from such use are regulated by Italian law.
– This Website contains material owned or licensed by us. This material includes, but is not limited to, the design, layout, and graphics. The reproduction is forbidden except in accordance with the norms that regulate the copyright, which are part of these conditions.
– It’s the responsibility of the user to verify that all the available products, services, or information on this Website suit their specific needs.
General Sales Conditions
These General Sales Conditions (hereinafter referred to as General Conditions) refer to the regulation of the purchasing of products and services, and of the available return policy, through the online Website www.nanoo.it (hereinafter referred to as the Website).
- The products available on the Website are muscular bicycles, pedal-assisted bicycles, and accessories related to the two products listed above.
- The owner of the Website is Ubiquoo Srl, with head office in Corso Giacomo Matteotti, 49, 10121 Torino (TO), VAT number: 2396330016, who is also the owner and holder of all rights of the brand Nanoo. All the purchases of products and services carried out through the Website (hereinafter referred to as Purchase Agreements) by the users that access it (hereinafter referred to as the Clients) are regulated uniquely by the General Conditions.
- The Client is required to carefully read the General Conditions that Ubiquoo Srl provides to allow the reproduction and memorization of the mentioned Conditions, in compliance with the provisions of art. 12, co. 3° del D. Lgs. n. 70/2003.
- Ubiquoo Srl might change, at any time and without notice, the content of the General Conditions referred to in this document. The potential changes will become effective from the date of publication on the Website, as declared in the header of the General Conditions themselves.
6. The Client can purchase the products in the electronic catalog of Nanoo.it, illustrated in detail on the Website, respecting the technical procedures illustrated here. The publication of the products on display on the Website is an invitation to the Client to make a contractual purchase proposal. The order submitted by the Client has contractual value and implies complete knowledge and full acceptance of these General Conditions.
- The correct reception of the Client’s proposal is confirmed by Ubiquoo Srl through an automated reply, sent to the e-mail address provided by the Client. Ubiquoo Srl’s reply is automatically generated by the Website system and simply confirms the correct reception of the proposal in our information system. This confirmation message will report a “Customer Order Number”, to be used in any following communication with Ubiquoo Srl. The message, in addition to the information required by law, reports all of the data provided by the Client, who undertakes to verify the correctness and to promptly notify possible corrections.
- Any Purchase Agreement placed shall be concluded with the acceptance by Ubiquoo Srl, who has the right to accept or decline at its own discretion the Client’s order, without the latter being able to make demands or claim rights of any kind, for any reason, in case of non-acceptance of such order.
Ubiquoo Srl reserves the right to refuse or cancel any order for a product displayed with an incorrect price, or for orders whose total amount was incorrectly calculated. Ubiquoo Srl reserves the right to refuse or cancel such orders, regardless of whether the order was confirmed or not, and whether the payment was made or not. If the payment has already been made and the order is canceled, Ubiquoo Srl will carry out the respective reimbursement with the same method of payment or, as an alternative, through bank transfer.
- By sending the order, in one of the various ways provided by the operating instructions of the Website, the Client declares to have read all of the indications provided during the purchase procedure, and to fully accept the General and Payment conditions described below.
Product Prices – Product Availability – Shipping Fees
- All of the product prices are clearly stated on the Website and include VAT.
- The prices and availability of the products, as reported on the Website, are subject to change at any time and without notice, notwithstanding that, limited to the orders about to be accepted or as stated above accepted by Ubiquoo Srl, the General Conditions in force at the time of the Client’s order will apply.
- On the Website, the products available for shipping according to the conditions described in the appropriate section will be highlighted. Such product availability is not updated in real-time; moreover, considering the possibility of simultaneous access to the Website of many users, the actual availability of specific products might vary widely over the course of the same day compared to the indications on the Website. Ubiquoo Srl doesn’t make any commitment nor gives the certainty of immediate order fulfillment and shipping of the purchased products listed as available on the Website, and therefore will not be held liable for possible shipping delays.
- The cost of each shipping, whose amount might change based on the type of delivery and payment, as well as on the country of destination and the total amount of the order, will be added to the total price of each Purchase Agreement and is clearly stated and communicated to the Client prior to the conclusion of the Purchase Agreement.
- The payments of the Purchase Agreements made on the Website can only be submitted through the options listed on the purchase page called “Chart”.
Delivery and Information Material
- All of the product deliveries will be at Ubiquoo Srl’s risk. The risk will be transferred to the Client at the time of delivery of the products by the shipping company, carrier, or other agent appointed by Ubiquoo Srl for the delivery.
- No liability, of any kind, can be charged from the Client to Ubiquoo Srl in case of delay in the order fulfillment or the delivery of the products object of the Purchase Agreement.
- The delivery of the products refers to the street level. Upon delivery of the products by the carrier appointed by Ubiquoo Srl, the Client is required to verify (a) that the number of packages delivered matches what’s indicated on the transport document and (b) that the package is intact, not damaged or altered, even in the sealing materials.
- Possible damages to the package and/or to the products or the lack of correspondence in the number of packages or the indications must be immediately notified by the Client, by adding the words “RECEIVED WITH RESERVE” on the delivery receipt of the carrier and specifying the reason of the reserve (for example: wet package, rigged package, etc). Moreover, the Client undertakes to report promptly – not later than 8 (eight) days from the delivery date – to Ubiquoo Srl (sending a message to firstname.lastname@example.org) each and any possible problem connected to the physical integrity, correspondence, or completeness of the received products.
19. Cases of force majeure, non-availability of the product or transportation, as well as unpredictable or unavoidable circumstances that cause a delivery delay or make the shipping complicated or impossible, or that cause a significant increase in the shipping cost sustained by Ubiquoo Srl, will entitle Ubiquoo Srl to parcel out, postpone or cancel, completely or partially, the expected delivery or to terminate the Purchase Agreement. In such cases, Ubiquoo Srl will provide prompt and appropriate notice of its determination to the e-mail address provided by the Client, and the latter will be entitled to the refund of the money already paid out, excluding any further claim, for any reason, against Ubiquoo Srl.
Right of Withdrawal
- The Client has the right to withdraw the Purchase Agreement for any reason and without having to explain why. This right is subject to compliance with the following procedures.
Exceptions: some specific products – which for their nature cannot be put back in stock – are excluded from the right of withdrawal. Custom-made products are excluded from the right of withdrawal.
- In order to exercise the right of withdrawal, the Client shall submit the request no later than 14 working days from the date of receipt of the products.
- The return shall be made by the Customer, through the shipment of the products subject to withdrawal, by a courier of his choice. The Client shall be responsible for returning the goods by courier of their choice no later than 14 working days from the date of receipt to:
Ubiquoo Srl Corso Giacomo Matteotti, 49 10121 Torino (TO)
- In order to exercise the right of withdrawal, the Client must fulfill the following conditions and modalities:
– The rescission may also be applied relative to individual products making up a single Purchase Agreement, providing the rescission applies to the product in its entirety;
– Returning products making up a Purchase Agreement shall be returned complete in all parts and in their original packaging, including the eventual accessory documentation;
– The Client shall be responsible for returning the goods to Ubiquoo Srl at their own expense;
- If the returned product is damaged in transit,Ubiquoo srl Srl shall inform the Client in order to let them make a prompt complaint against the courier service.
- Ubiquoo srl may not be held liable under any circumstances for damage, loss, or theft of returned products; every relative risk is, therefore, the exclusive liability of the Client.
25. After checking the integrity of the returned product, Ubiquoo Srl shall refund the entire purchase price no later than 30 days from the date of return of the products. The refund shall cover only the price of the returned products excluding all the expenses related to the order (packaging, shipping, etc). Ubiquoo Srl applies flat rates for shipping and cash on delivery, so it may occur that in the event of withdrawal the Client shall be charged the difference between the order flat rate and the costs borne by Ubiquoo Srl. The refund will be executed by bank transfer using the same bank details that the Client provided during purchase.
- In any case of non-compliance with these conditions and procedures for exercising the withdrawal, and for any other damage to the products other than the transport, the Purchase Agreement shall remain valid and effective and Ubiquoo Srl shall return the unduly returned products to the Client, charging them with shipping costs.
Defective Product Warranty
- Ubiquoo Srl is liable in respect of the Client for two years from the delivery of the products as envisaged in articles 130 and 132 of Legislative Decree 206/2005 for any lack of conformity of products existing at the time of delivery, especially for defective or damaged products.
- The Client shall no longer be entitled to these rights as envisaged in article 130, paragraph 2 of Legislative Decree 206/2005 if no notification of the said defects is supplied to Ubiquoo Srl within two months of the date on which the fault was detected.
- Ubiquoo Srl will make every effort to replace at its own expense damaged or defective products with other products of the same quality and range available in stock. The Client shall return the defective or damaged products in the original packaging, complete in every part. If the replacement with the same product is not possible, Ubiquoo Srl will refund the Client the amount paid for the product proved to be defective, excluding any further liability of Ubiquoo Srl, for whatever reason.
- All descriptions provided by Ubiquoo Srl about how the product works are for reference only and do not constitute a guarantee. Ubiquoo Srl cannot be held responsible for personal and work injuries or any other harm that occurred using any product. Ubiquoo Srl is not liable under any circumstances for special, incidental, or consequential damages, including but not limited to damages or loss of goods or Client’s complaints which may arise from the sale, installation, and use of told products. Purchasing, using, or installing the product, the Client agrees to all these terms.
Contact and Complaints
- For any communication and in case of complaints regarding the Purchase Agreement, the Client shall address Ubiquoo Srl at:
Corso Giacomo Matteotti 49
10121, Torino (TO)
Intellectual Property Rights
- Al the trademarks (registered and unregistered), as any work of authorship, distinctive sign, name, image, photograph, written text or graphic, and more generally any other intangible asset protected by copyright laws and international treaties shown on the Website remain the exclusive property of Ubiquoo Srl without the Client having any rights to them from accessing the Website and/or purchasing the products. Any use, even in part, of the abovementioned is forbidden without prior written authorization by Ubiquoo Srl, exclusive owner of all the relative rights.
Applicable Law – Competent Court
- The agreement between the Client and Ubiquoo Srl shall be construed in Italy and governed by Italian law. For any dispute which may arise between Ubiquoo Srl and the Client, the competent court shall be the Court of Turin. For customers domiciled in EU countries articles 15-17 of the Council Regulation (EC), No 44/2001 shall be applied. For customers domiciled in non-EU countries, the competent court shall be solely the Court of Turin.
- In order to purchase any product from the Website the customer has to share their personal data in the appropriate form.
- The data provided upon registration will be handled by Ubiquoo Srl for the purposes and in the manner described below and in full respect of the Legislative Decree no. 196/2003 (Italian personal data protection code) and subsequent amendments. The personal data provided are handled for the following purposes:
Fulfillment related to the stipulation and execution of the agreement, statistical purposes, and submission of advertising materials, including by means of electronic mail.
Personal data will be processed both by automated and non-automated means for the time needed to achieve the purposes of collection. In order to avoid loss of data, illegitimate, or incorrect uses and unauthorized accesses, specific safety measures are observed. The provision of the Client’s personal data is optional. Any refusal to provide data necessary with regard to letter A) point 3 entails the impossibility of any purchase from the Website. On the contrary, the refusal to provide data necessary with regard to letter B) does not entail any effect on the ability to purchase products from the Website.