General conditions of Sale
General conditions of Sale
ARTICLE 1 – OBJECT
These General Conditions govern online sales through the Taurus Store website ( www.taurus1908.com ).
Every purchase transaction carried out by consumer customers (i.e. natural persons who act for purposes unrelated to their professional or entrepreneurial activity and purchase products for personal use only) will be governed by the provisions of Legislative Decree no. 206/2005 (Consumer Code); for purchases made by Customers who are traders, wholesalers, retailers, professionals and who purchase for non-personal use, the purchase operations will be regulated by the rules of the Civil Code.
The protection of privacy will be subject to the legislation of Legislative Decree 196/2003 "Privacy Code"; To this end, the Customer must read the information in the "Privacy" section on the site and give consent to the processing of data in order to proceed with the order.
ARTICLE 2 – ACCEPTANCE OF GENERAL CONDITIONS OF SALE
The Customer undertakes and obliges, once the purchase procedure has been completed, to print and keep these General Conditions of Sale, in compliance with the articles. 52 and 53 of Legislative Decree no. 206/2005.
ARTICLE 3 – PURCHASE METHODS
Taurus Store is a website for online purchases of new bicycles.
Purchases of the available products, as illustrated and described online in the relevant technical data sheets, are made by the Customer at the current price indicated, including VAT, plus shipping costs, and in any case displayed at the time of purchase. Functions and characteristics described in the technical data sheets are provided by the manufacturer.
Product availability is not always updated in real time and since access and the possibility of placing orders online change product availability, Taurus Srl does not guarantee the certainty of assignment of the goods ordered; In any case, Taurus Srl also gives the Customer the opportunity to book some products for which Taurus Srl reserves the right to communicate to the Customer the delivery times (which could be longer than ordinary delivery times) and availability by sending an email or contacting the Customer by telephone.
Before confirming the purchase, the Customer will be given a summary of the unit cost of each chosen product, the total order line, the total cost of the order in the case of purchasing multiple products and the transport costs.
The Customer, after completing his purchase order, will receive a first email message where Taurus Srl simply communicates that it has received the order indicating the relevant number; in the following days, and approximately in the following two working days. Upon receipt of the first email, the Customer will be able to verify the correctness of the data and products purchased and possibly report and/or request information at email@example.com
ARTICLE 4 – PAYMENT METHODS
The Customer can make the payment with Paypal and connected credit cards, cash on delivery is not permitted.
If the Customer has chosen to purchase through Paypal payment methods, at the end of the order, he will be directed to the Paypal login page. The amount relating to the order is debited from the Paypal account at the time the order is acquired. In case of cancellation of the order either by the Customer or in case of non-acceptance by Taurus Srl., the amount will be refunded to the Customer's Paypal account. In case of cancellation of the order, the cancellation of the transaction will be requested and Taurus Srl cannot under any circumstances be held responsible for any damages, direct or indirect, caused by the delay in the failure to release the committed amount by Paypal. For each transaction carried out with the Paypal account, the Customer will receive a confirmation email from Paypal. The Taurus Store staff reserves the right to cancel and/or suspend the order if Paypal sends a message via email reporting anomalies and/or irregularities in the payment; in this case the Taurus Store staff reserves the right to request from the Customer additional information and/or the sending of copies of documents proving ownership of the card used. In the absence of the required documentation, the Taurus Store staff reserves the right not to accept the order without for this reason giving rise to the Customer's right to compensation for damages.
If the Customer cancels an order booked with credit card or Paypal payment methods, Taurus Srl will carry out the credit according to the same methods chosen by the Customer who will not be able to request a variation of the same.
ARTICLE 5 – DELIVERY
The purchased products will be delivered to the indicated address (street number). Product deliveries will take place on all working days. The Taurus Store staff will not be responsible for any address errors (street or house number); failure to indicate the address will automatically result in the cancellation of the order; in the event of an error in the indication of the address, the Customer will be contacted by telephone at the telephone number left. If no telephone number has been provided, the order will be automatically cancelled.
The invoice relating to orders delivered by courier; no changes to the invoice will be possible after it has been issued.
The shipping fee, to be added to the price of the products purchased, is automatically calculated by the system based on the weight (to be understood as a weight/volume ratio) of the packaged product.
If the product is available, Standard delivery is carried out on working days from 08.30 to 18.00.
This type includes street front delivery for all products.
The costs of parking or storage with the courier, due to the absence of the recipient, are borne by Taurus Store for the first 2 days after which they will be borne by the Customer.
There is no delivery to the floor.
The Customer is required to check, upon receipt, whether the packaging is intact, and whether the product delivered to him complies with the order placed; the Customer must sign the delivery note indicating "subject to control" on the integrity of the products; if this does not happen, the Customer will not be able to contest, after delivery, the external non-conformity of the ordered product and its quantity.
If the product is available, without this entailing constraints for Taurus Srl, the goods are delivered approximately:
For Italy: within 5 working days of sending the order confirmation.
For Europe: within 10 working days of sending the order confirmation.
In the case of orders where Taurus Srl has received reports of payment anomalies such as the mismatch between the name of the registered person and the credit card holder, the products are delivered within 5 working days from the verification of the regularity of the payment. payment or in any case starting from the end of the checks that will be necessary to verify the regularity of the payment. In the event that the products have not been delivered after 5 working days from sending the order confirmation, the Customer can send an email to firstname.lastname@example.org with the subject "non-delivery" and indicating the order number and any notes. After receiving the e-mail and after appropriate research, the Taurus Store staff will contact the Customer within 2 working days to resolve the problem or explain the reasons for the failure to process the order.
ARTICLE 6 – WARRANTY
LEGAL GUARANTEE OF CONFORMITY
All products purchased through our online shop enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code to be paid by the seller, i.e. Taurus Store.
The conformity of the goods is presumed if: a) the goods are suitable for the typical use for which they are intended; b) correspond to the description made by the seller and the qualities that he presented; c) have normal quality and performance for a good of the same type, or in any case those that the consumer can expect, taking into account the nature of the good and the public declarations made in this regard by the seller and the manufacturer, in particular in advertising or on labelling ; d) are suitable for the particular use that the consumer wanted to make of it and of which he informed the seller (art. 129 of the Consumer Code).
The existence of a lack of conformity is also excluded if the consumer knew it at the time of purchase or could not have ignored it with ordinary diligence or, again, if it derives from instructions or materials provided by the consumer.
The seller is liable in accordance with the law for defects in conformity existing at the time of delivery of the goods and has the remedies provided by the Consumer Code available.
In particular, the art. 130 of the Consumer Code provides that
“3. The consumer can ask the seller, at his choice, to repair the good or replace it, without costs in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
4. For the purposes referred to in paragraph 3, one of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on the seller compared to the other, taking into account: a) the value that the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be used without significant inconvenience for the consumer.
5. Repairs or replacements must be carried out within a reasonable period of time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods.
6. The expenses referred to in paragraphs 2 and 3 refer to the costs necessary to bring the goods into conformity, in particular with reference to the expenses incurred for shipping, labor and materials.
7. The consumer may request, at his/her choice, an appropriate price reduction or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively onerous; b) the seller has not repaired or replaced the goods within the appropriate period referred to in paragraph 5; c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
8. When determining the amount of the reduction or the sum to be refunded, the use of the property is taken into account.
9. After reporting the lack of conformity, the seller can offer the consumer any other available remedy, with the following effects: a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences in order upon the expiry of the appropriate deadline referred to in paragraph 5, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.
10. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out repair or replacement remedies does not give the right to terminate the contract".
The operating methods for asserting the legal guarantee of conformity are as follows: the customer must send the product and the documentation proving the purchase directly to Taurus Srl whose staff will provide the necessary assistance in relation to the specific case.
The staff of Taurus Srl generally makes use of specialized technical assistance centers for repairs on the products sold by it or for assessing the conditions for their replacement under warranty, without prejudice to the fact that, as a seller, it always remains directly responsible of the provision of the legal guarantee.
In order to provide a high level and absolutely transparent after-sales assistance service, the Taurus Srl staff undertakes, on a voluntary basis, to have the repair carried out or replace the defective product within 15 days of the request for assistance under warranty.
ARTICLE 7 – RIGHT OF WITHDRAWAL
The right of withdrawal for products purchased through our online shop is governed by articles 64 and following of Legislative Decree no. 205/2006 (“Consumer Code”). The decision to exercise the right of withdrawal must be communicated by the customer by sending a registered letter with acknowledgment of receipt within 10 working days of receipt of the ordered product to: Taurus Srl. Via Verdi, 1 20020 Vanzaghello (MI) Italy.
The notice of withdrawal must specify the intention to withdraw from the purchase (it is not necessary to specify the reasons) and the product or products for which you intend to exercise the right of withdrawal, attaching a copy of the documentation proving the purchase.
The right of withdrawal will be considered validly exercised, by virtue of the provisions of the art. 64, paragraph 2 of the Consumer Code, even if the customer who wishes to make use of it sends, within the aforementioned period of 10 days from receipt of the product, a notice of withdrawal via e-mail to the address email@example.com , via fax to the number +39-0331658114 with confirmation by registered letter within the following forty-eight hours.
Once the registered letter of withdrawal communication has been received: you will be sent via e-mail the return authorization number which must be shown on the box of the product that will be shipped;
please pack the product, with any accessories and everything originally contained, with the original cartons so as to protect them from damage;
you must send the product intact, within 10 working days of receipt, to the address indicated above.
The right of withdrawal applies exclusively to goods intact at the time of return, pursuant to the provisions of the art. 67, paragraph 2 of the Consumer Code. Upon receipt of the package containing the returned product, and having carried out all checks on the integrity of the goods and the presence of the manuals, accessories and everything originally contained in the packaging of the product itself, Taurus Srl will credit the sums already collected for the sale of the product. Shipping and transport costs are paid by the customer.
ARTICLE 8 – JURISDICTION AND COMPETENT COURT
This contract will be governed by Italian law.
For any dispute relating to the validity, interpretation or execution of this contract, the Court of Milan will be exclusively competent
ARTICLE 9 – AMENDMENTS
The conditions contained in this document may be modified by Taurus Srl without any notice and will be valid from the date of publication on the website www.taurus1908.com
ARTICLE 10 – COMPLAINTS
Any complaints must be addressed to:
Taurus Srl. Via Verdi, 1 20020 Vanzaghello (MI)
ARTICLE 11 – PROBLEMS
In case of problems during the connection, the Customer must enter the site and complete what he was doing. The products remain stored in the cart.
Taurus Store Telephone Assistance: +39-0331658114 from Monday to Friday (excluding holidays) from 8.00 to 12.00 and from 1.30 to 17.30