GENERAL TERMS AND CONDITIONS OF SALE

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  1. ACCEPTANCE OF TERMS OF SERVICE AND AMENDMENTS
    1. These General Terms and Conditions of Sale (as amended from time to time) apply for the purpose of the Customer’s use of the Site and purchase of the Bikes.
    2. Indimob S.r.l reserves the right to amend these General Terms and Conditions of Sale, e.g. to comply with new legal provisions or to introduce new services, it being understood that such amendments shall not have retroactive effect and shall come into force immediately, from the moment of their publication.
  2. SELLER, BUYER, ORDER AND SALES CONTRACT
    1. The Site allows the customer to order and purchase online the Bike made available on the Site by the Seller.
    2. The Seller’s activity consists of manufacturing and marketing the Bikes.
    3. The Contract of Sale of the Bike is concluded directly between the Customer and the Seller and consists of the provisions of the Site as filled in by the Customer when ordering the Bike, as well as these General Terms and Conditions of Sale. 
    4. Without prejudice to the provisions of the law regarding the liability of the Bike Manufacturer, the Seller shall be liable for the obligations vis-à-vis the Customer under the Order. 
  1. SITE REGISTRATION
    1. When placing an order, the Customer is asked to provide his or her information by registering and accepting these General Terms and Conditions of Sale.
    2. After registration, the Customer shall have access to his or her personal profile, which shall allow him or her to benefit from all the features of the Site (also referred to as the “Profile“).
    3. Only customers who have reached the age of majority can purchase the Bikes. The Customer agrees to provide truthful data and update them in case of change and declares that he or she is aware that he or she must be at least 18 years old in order to purchase the Bikes.
    4. The Customer also states that he or she understands that all acts and deeds with legal or economic effect carried out on the Site through his or her Profile shall be attributable to him or her.
    5. The Customer is solely responsible for protecting the confidentiality of his or her Profile login credentials and agrees to personally use his or her Profile.
    6. The Customer also agrees to immediately notify info@indimob.it of any unauthorized use of the login credentials to his or her Profile, as well as any other circumstances that breach its security.
    7. In view of the above, Indimob srl shall not be held liable in any way for any damage caused by the use of the Customer’s Personal Profile or login credentials to the Customer’s Personal Profile by third parties, with or without the Customer’s authorization, and regardless of whether the Customer is aware of it.
  1. STAGES IN THE PROCESS OF ORDERING THE BIKE ON THE SITE
    1. The description of the Bike contained on the Site constitutes a sales proposal by the Seller.
    2. The Customer wishing to purchase a Bike on the Site shall do so by logging into his or her Profile or creating a new one by accepting the General Terms and Conditions of Sale.
    3. The Customer, once registered, can select the offer that is most attractive to him or her by automatically generating a purchase order.
    4. Indimob, upon receipt of the purchase order, shall send an order confirmation to the Customer indicating the time and place of delivery. 
    5. Purchase:
      1. Upon receipt of the order confirmation, if the Customer considers the time and place communicated to be satisfactory, must pay, by way of deposit and down payment, 10% of the total amount due no later than 3 days after the previous communication. Failure to do so will automatically cancel the order.
      2. The Customer shall pay the balance of the price within the term indicated in the order acceptance and, in any case, no later than the date indicated in the communication that Indimob will send to the customer to notify the actual date of delivery/shipping.
  1. PRICE
    1. The purchase price listed in the order confirmation includes VAT and any delivery costs.
  2. CONSTRUCTION CHANGES
    1. The Manufacturer reserves the right to make changes to the Bike ordered by the Customer or to its components that are aimed at improving the quality and safety of the Bike as well as its performance and fitness for use (the “Improvement Changes”). As such, the Improvement Changes may not be objected to by the Customer at the time of the pick-up of the Bike, even if not communicated to him or her in advance, and may not represent a breach by the Manufacturer of his or her obligation to deliver to the Customer a Bike that complies with the one ordered.
    2. The Manufacturer also reserves the right to make any changes other than an Improvement Change to the Bike ordered by the Customer or to its components, which result from the regular industrial process and the constant evolution and rationalization of the production processes and which is in any case such as not to alter the relevant characteristics of the Bike ordered (the “Non Relevant Changes”). Again, as such, the Non-Relevant Changes may not be objected to by the Customer at the time of pick-up of the Bike, even if not previously communicated to him or her, and may not represent a breach by the Manufacturer of his or her obligation to deliver to the Customer a Bike that complies with the one ordered. Any Non-Relevant Change, insofar as it constitutes a minor lack of conformity with respect to the overall characteristics of the delivered Bike, shall not entitle the Customer to terminate the purchase contract of the Bike pursuant to and for the purposes of Article 130, paragraph 10 of the Consumer Code.
  1. DELIVERY
    1. Delivery of the Bike shall take place as outlined in the order confirmation. 
    2. The Customer shall be notified 10 days before the actual delivery/shipping date.
    3. Delivery/shipping shall be made only upon payment of the full balance of the price. 
    4. The bike shall be delivered/shipped with all its equipment. In addition, if delivered to the Seller’s premises, he or she shall prove its functioning by using his or her own qualified staff, and at the time of delivery the Customer and the Seller shall sign a delivery report. 
  1. WARRANTY AND ADDITIONAL SERVICES
    1. The Seller assumes the warranty obligations described below:
  2. The Seller warrants the Bike against manufacturing defects for 2 years from the date of delivery. This warranty consists of the Seller’s obligation to restore the efficiency, by replacement or repair free of charge, of parts that are unusable or inefficient due to manufacturing defect. Repairs under warranty are free of charge, are carried out according to the procedures outlined in the Warranty and Service Booklet with which the Bike is equipped and include:
    1. Repair or replacement of the defective part, (2) labor for replacement or repair services, and (3) supply of consumables needed to perform warranty repairs. 

The warranty does not cover defects or malfunctions caused or aggravated by:

  1. Change or disassembly of the Bike carried out outside the workshops belonging to the Commercial/Service Organization of the Manufacturer
  2. Normal wear 
  3. Change of the Bike without prior consent from the Manufacturer
  4. Carelessness, accidents, misuse, participation in sports competitions, repair and/or maintenance of the Bike carried out with non-original parts (i.e., with parts not supplied by the Manufacturer) or of a quality not equivalent to original parts, repair and/or maintenance carried out not in a workmanlike manner, late reporting of the defect with respect to the terms provided by law.
  1. The battery is guaranteed for a period of 24 months from the date of delivery of the Bike.

The battery capacity decreases with time and use, like any other rechargeable battery. The percentage of battery capacity decrease varies according to external conditions (ambient temperature, etc.) and conditions of use, e.g., riding habits and how the battery is recharged as outlined in the Maintenance Handbook. This is a characteristic peculiar to lithium-ion batteries that the Customer accepts and acknowledges and does not represent a claimable manufacturing defect under this warranty. 

  1. RIGHT OF WITHDRAWAL
    1. The provisions of paragraphs 2, 3, 4, 5 and 6 of this Article 11 shall apply to the Customer only.
    2. The Customer has the right to withdraw from the Order and these Terms and Conditions of Sale concluded online without any reasons being provided, within fourteen (14) days from the date on which the Customer physically takes possession of the Bike, as per the delivery documents. 
    3. In order to exercise the right of withdrawal, the Customer shall notify his or her decision by an explicit statement sent by email via the email address used at the time of the Order to the email address of the Seller communicated at the time of the Order, or by registered letter with return receipt or via certified email address.
    4. The Customer shall return or ship the Bike back to the Seller without undue delay and, in any case, no later than fourteen days from the date on which her or she communicated his or her decision to withdraw from these General Terms and Conditions of Sale. The return shall be made in the original packaging at the Seller’s premises at the Customer’s expense. 
    5. Upon receipt of the Bike, the Seller shall verify that it has not been damaged and shall refund the Customer the amount received less transportation costs. 
    6. The Customer shall be liable in the event of any reduction in the value of the Bike resulting from use or handling other than that necessary to establish its nature, characteristics and operation. 
  1. APPLICABLE LAW – DISPUTES
    1. This contract is governed by the Italian law and any dispute shall be referred exclusively to the court of Milan.
  1. PROCESSING OF PERSONAL DATA
    1. In order to proceed with the registration and use of the Site for the purchase of the Bikes, certain User’s personal data are required. The User acknowledges that the personal data provided shall be recorded and used by Indimob in accordance with the provisions of Legislative Decree No. 196/2003 – as amended by Legislative Decree 101/2018 – , EU Regulation 2016/679, as well as any other applicable law on the processing of personal data (hereinafter, jointly, referred to as the “Privacy Policy“), to execute the registration and use of the Site for the purchase and delivery of the Bikes and, subject to his or her express consent, for marketing and/or profiling purposes.
    2. The User states and ensures that the personal information provided to Indimob during the registration process is correct and truthful.
    3. The User may at any time update and/or modify his or her personal data provided to Indimob through the “Profile” section.