Terms and Conditions

Scope of application

The terms and the general conditions here reported (hereunder: “Terms”)  apply to all orders and purchase order of bicycles and accessories (hereunder: “Products”) made by people resident in countries where the website www.ciclimartin.com (hereunder: “Website”), managed by Officine Martin, company under the Italian law based in Via Procaccini 11, 20154 Milan (hereunder: “PA”), is/will be operative.

Warnings

The customer is required to carefully read the Terms before making any purchase order.

Accepting the Terms and submitting an order, the Customer declares:

To have read, understood and entirely and unreservedly accepted the Terms;

To authorize Officine Martin to store, process, use and transfer to third parts also abroad personal data contained in the purchase order for carrying out it.

Officine Martin does its utmost to ensure that the information contained in the Web Site is accurate and up to date. However, it’s not possible to provide guarantees about. Customer acknowledges and agrees that the Products may not be fully in compliance with the indications, the specifications and / or the pictures on the Web site.

Purchase orders

The contract of sale between Officine Martin  and the Customer is to be considered complete by sending to the Customer’s e-mail, indicated on the purchase order, the written confirmation of the shipment.

In the event that a given Product present in the Customer’s order is no longer available, Officine Martin will not be obliged to supply the Product in question, but it will only be required to inform, without delay, the Customer. If there is available only a part of the Products indicated in the order, Officine Martin will contact the Customer to ask him if he intends to cancel the order or is willing to receive only the available Products; in this case, the Customer will only be charged for the Products that he will receive.

Officine Martin reserves the right to reduce, at its complete discretion, the amount of Products available on the Website.

Prices

Products’ prices in Euro will be in any case those indicated on the invoice. Officine Martin will do its best in order to update and control the prices on the website.

The shipping and delivering costs can differ according to the country and they will be charged to the Customer at the purchase order time. The payment will be made by the Customer at the time of confirmation of acceptance of order by credit card or thought the other methods described in the section of the Web site.

Delivery Terms

The bicycles are custom-made according to the specific requests of our customers.

If the model ordered is in stock with the required characteristics, it will be shipped within 7 days from the order confirmation. Otherwise it will be manufactured and shipped within 4 weeks starting from the order confirmation.

Please note that the order is confirmed only after receiving the payment, which occurs immediately via PayPal or credit card and which, instead, requires a couple of days via bank transfer.

The shipment cost is automatically included in the order confirmation and varies according to the delivery address indicated in the shopping cart.

For shipments abroad, please contact our Customer Service, which will give you an estimate of the shipment.

Officine Martin reserves the right to refuse, suspend or cancel, at its own discretion, the delivery or the fulfillment of any of the obligations related to the sale contract, in case of an alleged fraud, non-compliance or breach of the order’s and/or sale contract obligations with Officine Martin by the Customer.  to Officine Martin with previous orders and / or contracts of sale. If the ordered Products will require the crossing of customs (according to the country of destination), Officine Martin will not refund the goods abandoned in the customs house, in the event of a waiver by the Customer.

Return Policy    

Online sales of products are governed by the Directive 2011/83/EU of the European Parliament and of the Council of 25th October 2011. This Decree establishes, among other issues, the consumer’s right of withdrawal within 14 days after receipt of the goods. The Directive underlines that right to withdraw exists to allow customers to examine the product in the same way as they would in a traditional shop.

After purchasing a product on the Cicli Martin Store, in case you decide to withdraw please inform us within the prescribed period writing an email to help@ciclimartin.com, explaining the reasons of the claim.

Officine Martin  will arrange the pick up of the goods, provided that they are kept in the same conditions as when you received them:

–       in the original packaging;

–       including all accessories, cables, instructions and other components;

–       without any damage, unless caused during the transport.

In line with the EU directive, shipping costs for returning the goods to Officine Martin are to be borne by the customer:

Italy: 40 Euro (excluding islands, to be assessed)

Europe and other foreign Countries: same price assessed for the goods shipping

After having received the goods and checked the conformity with the return policy (packaging, etc.), Officine Martin will refund the amount paid, deducting the transport costs, within 14 days.

According to the Directive 2011/83/EU “The right of withdrawal should neither apply to goods made to the consumer’s specifications or which are clearly customized”. Therefore we kindly recommend our customers to make sure that the choice of colors out of range is carefully evaluated; our Customer Service is fully available to assist you in the choice.

In the end, in case of damages occurred during the transport, please contact immediately our Customer Service in order to jointly evaluate the best solution: if your bicycle can be repaired in your city, with repair costs borne by Officine Martin, or if it is necessary to organize the return for the repair or replacement.

In the event that the above conditions were not being met, the Customer will not be entitled to a refund of the amount paid to Officine Martin. The Customer will only be entitled to collect the Products returned at the Officine Martin warehouse, at his own risk and expense. If the Customer does not ask for getting back the returned Products within thirty (30) days from the related notice of Officine Martin, Officine Martin will have the right to hold them together with the amount received for the transaction.

Guarantee conditions and limitation of liability

The guarantee of Officine Martin is limited to any potential evident defect of the Products – excluding without limitation, any implied warranty as to quality and eligibility for the Customer – for a period of 2 (two) years from the Products’ delivery .

In addition to the above (Art. 20-21), the right to reimbursement is subject to the following conditions, under penalty of the forfeiture of warranty:

“Defects” refer to manufacturing imperfections of the Products and not to any anomaly caused by an improper use of the Product or negligence.

Products will be collected by Officine Martin, at its own expense if established and verified the actual defect.

Once received the Product and ascertained its defectiveness, Officine Martin will send to the Customer a confirmation e-mail about the acceptance of the goods’ return, and it will initiate the reimbursement procedure of the price paid for the defective product. The procedure must be completed within thirty (30) days, independently from the terms of payment adopted by the Customer previously. The reimbursement of the amount paid by the Customer will always be done only to the Customer who made the payment.

Without prejudice to the above warranty, Officine Martin excludes all liability (contractual or non-contractual) with regard to the Customer, within the limits of the mandatory rules.

In any case, the maximum overall responsibility of Officine Martin will not exceed the amount paid by the customer for Product’s purchase.

General Conditions

In the event that any provision of these Terms is found void, voidable, illegal or unenforceable, this will not result in the total ineffectiveness of the Terms. The provision in question will be replaced by a similar valid provision that takes properly into account the intention and the contents thereof, in respect and in accordance with the existing regulations.

These Terms are subject to the Italian substantive law (with the exclusion of the Private International Law and international treaties, in particular the UN Convention on the International Sale of Goods). Any disputes that may arise shall be referred to the exclusive jurisdiction of the Courts of Milan (Italy).