Terms & Conditions of Sale

1. ONLINE SALE AND SCOPE
This document (together with the documents referred to herein) contains the conditions governing the use of this website (www.xpbikes.it) and the purchase of items therein (hereinafter the "Conditions").
Please read these Terms and Conditions, the Cookies Policy and the Privacy Policy (hereinafter referred to as the "Privacy Policy") carefully before using our website. We also inform you that the use of this website and/or the placing of an order through this website implies acceptance of the Terms and Conditions and the Data Protection Policy.
If you have any questions regarding the Conditions and the Data Protection Policies, you may contact us by sending an email to info@xpbikes.it.
The Contract may, at your option, be concluded in one of the languages in which the "conditions" have been made available on our website (Italian and English).

DEFINITIONS:
- Customer means the consumer or professional, who purchases the products and/or products offered by the website.
- Consumer means the customer who is acting for purposes unrelated to the commercial, industrial, handicraft or professional activity carried out (pursuant to and for the purposes of Article 3 letter a) of Legislative Decree no. 206/2005 "Consumer Code").
- Professional shall mean the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary (pursuant to and for the purposes of Article 3 letter c) of Legislative Decree no. 206/2005 "Consumer Code").

2. SELLER DATA
The present conditions are applicable to all sales contracts concluded electronically referring to the purchase of our products through the site www.xpbikes.it.
The website is owned by PEPA Italia s.r.l., a company under Italian law, with registered office in Livorno (LI) 57128, via Grotta delle Fate, n.41
telephone 0586 1623266 email address info@xpbikes.it, PEC pepaitaliasrl@pec.it

3. DATA PROTECTION
Our Data Protection Policies set out the basis on which any information or personal data you provide to us is processed. By using our website you authorise us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and true (SEE DATA PROTECTION POLICY).
By using this website and/or placing orders through it, you agree to
- only use our website to place legally valid orders;
- not to place orders using false or fraudulent data. If we have probable cause to believe that an order of this nature has been sent to us, we shall be entitled to cancel it and inform the relevant authorities;
- provide your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to us using the information you provide to process your order and to contact you (as per our Data Protection Policy). By completing an order on our website, you warrant that you are 18 years of age and have the capacity to act.

4. DELIVERY COUNTRIES
The items offered through this website are only available for delivery within the EU and Switzerland.

5. TERMS AND CONDITIONS OF THE CONTRACT
The information in these Conditions and the details contained on this website do not constitute an offer to the public, but merely an invitation to make a contractual proposal. No contract will exist between you and us until your order has been explicitly accepted by us. If your offer is not accepted and you have already been charged for it, the price will be refunded to you in full.
In order to place a purchase order, you must follow the procedure. You must first register on the aforementioned site by providing the following mandatory fields:
- personal data
- indication of residence (or domicile);
- e-mail address;
- place of delivery of the goods or services purchased;
- telephone number for any urgent communications, delivery specifications.
You must then choose the payment method (credit card, bank transfer or other digital payment) and click on "Authorise Payment". You will then receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not imply acceptance of your order as the order constitutes an offer you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by the sending of an e-mail confirming that the order is being shipped (the "Shipment Confirmation"). It is understood that this will not imply acceptance of your order as the same constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by the sending of an email confirming that the order is being dispatched (the "Dispatch Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be concluded when we send you the Order and Shipment Confirmation. This e-mail will contain:
- A summary of the general and particular conditions applicable to the contract;
- The essential information relating to the essential characteristics of the product;
- A detailed indication of the price and means of payment, delivery costs and applicable taxes;
- An indication of the purchaser's right to exercise the right of withdrawal.
If the chosen method of payment is that of bank transfer, the order proposal will be effective only when PEPA ITALIA s.r.l. has received the crediting of the bank transfer. Once payment by bank transfer has been verified, you will receive an e-mail confirming receipt of your order ("Order Confirmation").
The subject of the Contract shall be solely the products indicated in the Order Confirmation.
These General Terms and Conditions are the only ones applicable. These conditions may be subject to change or modification; changes or modifications shall be deemed valid and effective from the date of their online publication. Purchases made after the modification of the conditions determine their full acceptance by the customer in their wording.
PEPA ITALIA s.r.l. provides these general sales conditions in pdf format, which you can download and/or reproduce.

6. AVAILABILITY OF PRODUCTS
Orders for products from PEPA ITALIA s.r.l. are subject to their availability.
If the chosen product is not immediately available in stock at the time of the order, on the site www.xpbikes.it it will be possible to request to receive an email indicating the future date of availability of the product. This indication shall not constitute a constraint of any kind and may be subject to variation without this resulting in any obligation on the part of PEPA ITALIA s.r.l. towards the customer.

7. PRICE AND PAYMENT
The price of the product is that indicated on our website.
The prices on the website are inclusive of VAT.
The shipping costs of the goods are not included in the sale price, but are calculated and quantified (based on weight, size and place of delivery) and are indicated to you before the conclusion of the purchase procedure.
The invoice for the purchase will be issued by PEPA ITALIA s.r.l. when the order is sent. For this purpose, you will have to integrate the requested personal data with the indication of the company name, tax code and VAT number. This document will be sent to you in pdf format by email to the address indicated in the order (PREVIOUSLY OPTION TO REQUEST CUSTOMER INVOICE ).
You can pay by Visa, Mastercard, American Express, PayPal or bank transfer.
To reduce the risk of unauthorised use, your card data will be encrypted.
If you choose PAY PAL as your preferred payment method, the charge will be made at the time of order confirmation.
Once you click 'Authorise Payment' you confirm that the credit card is yours.
Credit cards will be subject to verification and authorisation by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be able to conclude a Contract with you.
We remind you that if the payment method you have chosen is bank transfer, the order proposal will be effective only when PEPA ITALIA s.r.l. has received the bank transfer credit. Once payment by bank transfer has been verified, you will receive an e-mail confirming receipt of your order ("Order Confirmation").

8. DELIVERY OF GOODS
PEPA ITALIA s.r.l. will deliver the purchased goods using couriers and/or forwarding agents, chosen at its discretion, which will be expressly indicated to you within the order procedure on the site. PEPA ITALIA s.r.l. will also provide, at the time of shipment, the references necessary to track the goods during transport.
Subject to prior verification of the availability of the goods requested, the delivery time shall not exceed thirty days from the time the contract is concluded.

8. DELIVERY OF GOODS
PEPA ITALIA s.r.l. will deliver the purchased goods using couriers and/or forwarding agents, chosen at its discretion, which will be expressly indicated to you within the order procedure on the site. PEPA ITALIA s.r.l. will also provide, at the time of shipment, the references necessary to track the goods during transport.
Without prejudice to the prior verification of the availability of the goods requested, the delivery time may not exceed thirty days from the time the contract is concluded.

9. RIGHT OF WITHDRAWAL
If you are a consumer (see definition in point 1.), you shall be entitled to withdraw from the Contract within a period of 14 days without having to provide any reasons, in accordance with the provisions of Article 52 of Legislative Decree 206/2005.
The withdrawal period referred to in the preceding paragraph shall end after 14 days from the day on which you, or a third party other than the carrier and designated by you, take physical possession of the product or products of multiple goods ordered in a single order and delivered separately.
To exercise your right of withdrawal, you must contact us by sending an e-mail to info@xpbikes.it or by writing in the contact form provided, of your decision to withdraw from the Contract by means of an express declaration (e.g. letter sent by post or e-mail). 
The withdrawal may relate to all or only part of the goods delivered, in case of multiple deliveries.
All costs and risks associated with the return of the goods shall be borne by the customer, so the return will be under the customer's sole responsibility. In the event of withdrawal, you will be refunded the payments you have made in our favour, including delivery costs (except for any additional costs resulting from your choosing a delivery method other than the standard one provided by us), no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. Such refunds shall be made using the same means of payment as you used for the initial transaction. Notwithstanding the foregoing, the refund may be suspended until the return of the contractual goods or until you prove that you have returned the goods.
You are kindly requested to send back the goods without delay and/or delay, in any case, within 14 days from the day you informed us of your withdrawal from the Contract. The deadline is met if you send the goods back to PEPA ITALIA s.r.l. before the expiry of the 14-day period.
The goods subject to the right of withdrawal exercised by the Customer shall be sent to the following address: PEPA ITALIA s.r.l., with registered office in Via Grotta delle Fate, 41 - 57128 Livorno.
Your right to withdraw from the Contract will only apply to those products returned in the same condition in which you received them. No refunds will be made if the product has been used other than by simply opening it and for products that are not in the same condition in which they were delivered or if they have been damaged: we therefore invite you to take care of the products as long as they are in your availability and possession. Goods must be returned undamaged, in their original packaging, complete with all its parts (including packaging, documents and equipment - e.g. battery, manuals, instruction booklets, accessory equipment) accompanied by the accompanying tax documentation.
If you prefer not to take advantage of the free options available when returning the products, you will be responsible for any return costs.
After assessing the condition of the item, we will inform you whether you are entitled to a refund of the amount paid. Shipping costs will be reimbursed if the right of withdrawal is exercised within the time limit and all products subject to the same delivery are returned. The refund will be made as soon as possible and in any event within 14 days from the date on which you made us aware of your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until we receive the goods back or until you prove that you have returned the goods, whichever is earlier. The refund will always be made through the method of payment used to make the purchase.
All costs and risks associated with the return of goods are your responsibility, so the return will be your sole responsibility. Please note that you will not be able to return products using the "cash on delivery" method.

10. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and any intellectual property rights in the materials or content presented as part of the Website are owned by us and those who have licensed us to use them. You may only use such materials in the manner for which you have received express permission from us or from those who have licensed us to use them. This does not exclude that you may use this website to the extent necessary to copy information about your order or contact details.

11. LEGAL GUARANTEE AND RIGHT OF RETURN
CONSUMER'S LEGAL WARRANTY
PEPA ITALIA s.r.l. guarantees, pursuant to and in accordance with articles 128 et seq. of Legislative Decree 206/2005, the goods purchased by the Consumer Customer for any lack of conformity that becomes apparent within two years from delivery.
In the case of used goods, according to the provisions of article 134, paragraph II, Legislative Decree 206/2005, which have been examined and repaired in accordance with the manufacturer's specifications, PEPA ITALIA s.r.l. shall be liable to the Customer Consumer for any conformity defects that become apparent within one year from the delivery of the goods.
For the purposes of this contract, consumer goods are presumed to be in conformity if, where relevant, the following circumstances coexist
- they are fit for the use to which goods of the same kind are normally put;
- they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer customer as a sample or model
- they possess the usual qualities and performance of goods of the same type that the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made by the seller, the manufacturer or his agent or representative, particularly in advertising and labelling
- are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of conclusion of the contract and which the seller has also accepted by implication.
The consumer customer shall forfeit all rights if he does not report the conformity defect in writing to PEPA ITALIA s.r.l. within two months from the date on which the defect was discovered.
Following the complaint, the Consumer shall have the right to request the repair or replacement of the goods. PEPA ITALIA s.r.l. shall reply within and no later than seven working days from the time the complaint is received. If the repair or replacement of the goods is impossible or excessively onerous for PEPA ITALIA s.r.l.. , the latter will proceed to a price reduction or termination of the contract. In this case, it shall be your responsibility to indicate how the sums paid shall be re-credited.
LEGAL GUARANTEE FOR THE PROFESSIONAL CLIENT
The Professional Customer, as defined in Article 3 of Legislative Decree No. 206/2005, has the right to make use of the Legal Guarantee provided for in Article 1490 et seq. of the Italian Civil Code, the provisions of which are deemed to be referred to herein in full.

12. LIABILITY FOR DEFECTS IN THE GOOD
Pursuant to articles 114 et seq. of Legislative Decree 206/2005, PEPA ITALIA s.r.l. is liable for the damage caused by defects in the goods sold to you if it fails to inform you, within three months of your request, of the identity and address of the manufacturer or the person who supplied the goods or part of them.
This request must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.
PEPA ITALIA s.r.l. shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
No compensation shall be due if you were aware of the product's defect and the danger arising therefrom and nevertheless voluntarily exposed yourself to it.
In any case, you must prove the defect, the damage, and the causal connection between defect and damage.
Pursuant to Article 123 of Legislative Decree 206/2005, damage to property is only compensable to the extent that it exceeds the sum of three hundred and eighty-seven Euros.

13. LIMITATIONS OF LIABILITY
PEPA ITALIA s.r.l. accepts no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the time provided for by the contract.
PEPA ITALIA s.r.l. accepts no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards when paying for the products purchased if it can prove that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.

14. INFORMATION UNDER THE BATTERY REGULATION
With regard to the sale of batteries and accumulators, we are obliged as retailers to inform you that you are legally obliged to dispose of batteries and accumulators in accordance with the disposal regulations. You can return them after use to us, i.e. to a municipal collection point or local shops. Batteries containing hazardous substances are marked with a symbol consisting of a crossed-out rubbish can and the chemical symbol (Cd, Hg and Pb) for the heavy metal that was the deciding factor for the declaration of hazardousness. You can also return used batteries to our address: PEPA ITALIA s.r.l., via Grotta delle Fate, 41 - 57128 Livorno. The possibility of returning batteries to this address is limited to batteries that are in our product range.

15. APPLICABLE LAW
These General Terms and Conditions of Sale are subject to Italian law.

16. PROCESSING OF PERSONAL DATA
The data of the Customer, whether Consumer or Professional, are processed by PEPA ITALIA s.r.l. in accordance with the provisions of the regulations on the protection of personal data, as specified in the information provided in the section "Information pursuant to Article 13 of Legislative Decree 30/06/203" and in the "Data Protection Policies".