Terms and conditions
General terms and conditions
1. Object
These general conditions of sale (hereinafter the “CGV”) govern the contract (hereinafter the “CONTRACT”) for the online sale of the products (hereinafter the “PRODUCT” or “PRODUCTS”) offered by Valsabbina Commodities spa (hereinafter “BRINKE”) - based in Desenzano Del Garda (BS), at Via Adua,3 PI and CF 02820220982 - owner of the BRINKE brand, through its website www.brinkebike.com to users of the SITE.
2. Effectiveness and modification of the GCS
2.1 The GCS are published on the SITE to be easily read and known by the CUSTOMER before purchasing a PRODUCT, accepted before the purchase order is sent, stored on their computer and reproduced on paper by printing of the file in which they are contained.
2.2 The GCS applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must carry out the above operations before proceeding with each purchase.
2.3 BRINKE reserves the right to modify these conditions of sale without notice. The General Conditions in force at the time of conclusion of the sales contract will be applied to purchase orders placed before the publication of the aforementioned changes.
3. Purchase procedure
3.1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability.
3.2 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this desire through a request made directly on the SITE, following the procedures indicated therein. Upon confirming the order, the customer declares to have read and accepted these conditions of sale.
3.3 In the case of multiple orders, as many contracts as the number of PRODUCTS ordered will be deemed to have been stipulated.
4. Conclusion and effectiveness of the contract
4.1 Once the purchase order has been received, BRINKE will send the CUSTOMER the order receipt, containing a summary of the content of the information relating to the sale and will proceed with processing the purchase order. This confirmation email contains the details of the CUSTOMER and the order, the price of the goods purchased, the transport costs and the shipping address to which the goods will be sent. The CUSTOMER undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.
4.2 BRINKE undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. The description of the characteristics of the Products contained in brochures made available to the Customer, like any other material, brochure, publication (including disclosure via computer network) or product offered for promotional purposes, is merely indicative and not binding for BRINKE. Even the photographs of the products presented on the website www.brinkebike.com do not constitute a contractual element, as they are only representative.
5. Payment methods
5.1 Payment can be made by credit card, "PayPal" system also with three convenient installments, bank transfer or installment financing. Payment by credit/debit card: In case of payment by card, the Customer's order will not be processed until the payment transaction has been authorized by the Banking Entity. If your credit card issuer refuses to authorize payment, BRINKE will not be liable for any delay or failure in delivery. Payment by bank transfer: The Customer must make the transfer to the account number subsequently provided by BRINKE. Payment with PayPal: PayPal allows you to pay directly without having to communicate sensitive data via the internet. Payment with installment financing with Findomestic: if the customer opts for this choice, he will receive an email from customer service (during office hours from Monday to Friday 9am-6pm) with the operating methods.
Financing conditions
Finalized credit offer valid from 01/01/2024 to 12/31/2024 as per representative example: Price of the asset €1190, fixed Tan 7.65% APR 7.93%, in 36 installments of €37.1 additional costs of the offer reset. Total amount of credit €1190. Total amount owed by the Consumer €1335.6. For subsequent quarters please refer to the European Basic Information on Consumer Credit. In order to manage your expenses responsibly and to find out about any other offers available, Findomestic reminds you, before signing the contract, to read all the economic and contractual conditions, referring to the Basic European Information on Consumer Credit (IEBCC) at the point of sale. Subject to approval by Findomestic Banca SpA. Valsabbina Commodities SpA operates as a credit intermediary for Findomestic Banca SpA, not exclusively.
5.2 Communications relating to payment and the data communicated by the CUSTOMER when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
6. Prices
6.1 All sales prices of the products offered on the website www.brinkebike.com are expressed in Euros and include VAT.
6.2 Shipping costs for online purchases are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making payment. Shipping is free for orders over €1,000.
6.3 BRINKE requires that payment of the full price, including shipping costs, be made prior to delivery/execution of the contract. BRINKE will suspend delivery/execution of the contract until receipt of the full price.
6.4 The CUSTOMER accepts BRINKE's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of the order and confirmed in the email sent by BRINKE as confirmation of the acquisition of the 'order.
7. Delivery of products
7.1 BRINKE undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, via the carrier responsible for their transport.
7.2 BRINKE cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Furthermore, BRINKE cannot be held responsible for any damage that may occur to the PRODUCTS after delivery to the carrier responsible for their transport as well as for delays in delivery attributable to the latter.
7.3 BRINKE reserves the right to communicate to the CUSTOMER, within 20 days of purchase to the email address associated with his profile, any unavailability of one or more of the PRODUCTS purchased. In this case, BRINKE will refund (to the payment card, to the Pay Pal account or to the Customer's IBAN code in the event that the Customer made the payment by bank transfer) the price and shipping costs. Only in agreement with the CUSTOMER and with the latter's consent, exclusively on BRINKE's proposal, will the latter be able to send a PRODUCT different from the one ordered, of equivalent value. However, the unavailability of one or more of the PRODUCTS ordered will not give the CUSTOMER the right to cancel the entire order.
7.4 If the goods ordered are delivered outside Italy and European Union countries, the customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be your responsibility.
8. Billing
8.1 For each order placed on the website www.brinkebike.com, BRINKE issues an invoice for the material sold. For the issuing of the invoice, the information provided by the CUSTOMER at the time of purchase is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
9. Rights and obligations of the customer
9.1 The CUSTOMER, upon confirmation of the purchase order, declares:
a) that you have read, understood and accepted the GCS.
b) to authorize BRINKE to process the personal data communicated at the time of purchase
9.2 The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to both save an electronic copy and print the Contract and the GCS for the purposes of their conservation.
9.3 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check, in the presence of the carrier:
a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials.
c) that the quantity and type of PRODUCTS delivered corresponds to what was ordered. Any anomalies or discrepancies must be reported immediately to the carrier upon receipt of the PRODUCTS, by indicating them on the delivery note.
9.4 For any need for assistance or complaints relating to the PRODUCTS purchased, the CUSTOMER must contact BRINKE at the contact details indicated in the following point 16 of the GCS.
10. Legal guarantee in favor of the customer/consumer
10.1 To the sale of the Products made to the customer who qualifies as a consumer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out, or who does not make the purchase by indicating a reference in the order form of VAT number), the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply, as amended by Legislative Decree 4 November 2021, n. 170. In particular, in the event of a lack of conformity, which occurs within 2 years of delivery, the CUSTOMER has the right to take action exclusively against its Reseller. The action aimed at asserting defects not maliciously hidden by the seller is barred within 26 months from delivery of the goods. Unless proven otherwise, it is presumed that any lack of conformity which manifests itself within one year from the moment in which the goods were sold already existed on that date, unless this hypothesis is compatible with the nature of the goods or with the nature of the lack of conformity.
10.2 In the event of a lack of conformity, the consumer has the right:
to restoration (being able to choose between repair and replacement both at no cost to the consumer, as long as the chosen remedy is not impossible or excessively burdensome for the retailer) or to the proportional reduction in the price or upon termination of the contract, unless the defect is only minor.
Nothing is owed by the Dealer for the period in which the bicycle is kept still for assistance/repair activities.
10.3 The rights arising from the legal guarantee of conformity may be exercised provided that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed instructions, as well as upon presentation by the CUSTOMER of the sales receipt.
10.4 The warranty does not cover normal wear and tear, scratches, abrasions or damage to the external parts of the product. In particular, it does not cover damage caused by: improper use (failure to comply with the instructions contained in the instruction booklet); falls or impacts, even accidental, suffered by the product; tampering, repairs not carried out by authorized parties; shelter in inappropriate places (extreme temperatures or high humidity, action of atmospheric agents) lack of routine maintenance
10.5 Please note that the legal guarantee for the ebike battery is 1 year.
11. Customer/consumer right of withdrawal
11.1 Pursuant to art. 64 Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out, or does not make the purchase by indicating a VAT number reference in the order form), he/she has right to withdraw from the Contract, without any penalty and without specifying the reason, starting from receipt of the order confirmation sent by BRINKE, no later than ten working days from receipt of the goods at the address indicated for delivery. The date shown on the delivery note is full proof of receipt.
11.2 Purchases made by retailers and companies with a VAT number and those made directly from authorized shops are excluded from the right of withdrawal. The right of withdrawal also does not apply to the following product categories:
a) if the returned product is not intact or the original packaging is missing, integral elements of the product are missing (accessories, screws, instruction manual, etc.)
b) product damaged for reasons other than transport.
c) The products must not have been used, the products must not have been assembled or disassembled or damaged.
11.3 The CUSTOMER may exercise the right of withdrawal by giving prior written notice by e-mail to the address: sales@brinkebike.com.
11.4 If the PRODUCT has already been delivered, the CUSTOMER is required to return it to BRINKE.
To this end:
- the deadline for returning the PRODUCT is ten days from receipt of the same; the date shown on the delivery document is full proof. The Customer must communicate the desire to return the product within the return deadline, the return costs are borne by BRINKE who will organize the collection via its own courier, the CUSTOMER must prepare the PRODUCT duly packaged and packaged as originally and insert copy of the delivery document inside the packaging box.
11.5 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, BRINKE will refund the sums paid by the CUSTOMER to the payment card or Pay Pal account or to the Customer's IBAN code in the event that the Customer has made the payment by bank transfer, indicated by the same for the purchase. In the presence of payment methods with financing, the customer will have the right to revoke the financing contract, therefore nothing will be due if the right is exercised within the agreed terms.
12. Seller's Responsibilities
12.1 BRINKE assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by the contract.
13. Use of the site
13.1 BRINKE assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example: a) errors, delays or impossibility in accessing the SITE by of the CUSTOMER during the execution of the sales procedure; b) errors, delays or impossibility in receiving, by the CUSTOMER, communications made by BRINKE in relation to the sale of the PRODUCTS.
14. Intellectual and industrial property rights
14.1 BRINKE informs that the SITE, as well as all trademarks and distinctive signs used in relation to the sale of the PRODUCTS, are protected by applicable intellectual and industrial property rights and any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited , in any form and for any purpose they occur, of the contents of the SITE, of the trademarks and distinctive signs used by BRINKE
15. Protection of personal data
15.1 The personal data obtained by BRINKE from the Customer will be kept and processed in accordance with applicable laws, Legislative Decree. 196/2003 and subsequent amendments and GDPR 679/2016. The data will be collected and stored in compliance with the "state laws on the matter" and only for the purpose of better managing your orders and carrying out the economic activity carried out by Brinke Bike, including remarketing and budgeting activities. and offers. All personal data will be treated in the strictest confidentiality. The provision of data is mandatory in order to provide the services and any refusal to provide such data could lead to the failure or partial continuation of the relationship. The data may be communicated to subjects external to the Company, such as collaborators, consultants, representatives, transporters, partners, credit institutions, or other subjects only if strictly connected to the execution of the relationship. However, the processing of the data collected will be based on the principles of correctness, lawfulness and transparency and the protection of your privacy and your rights. The data you provide will be processed for the purposes of the company's activity, in particular purposes related to tax and accounting obligations and the purposes related to the carrying out of the company's economic activity including remarketing, budgeting and offers. The data will be processed both with IT tools and on paper supports and on any other type of suitable support, in compliance with the law. Pursuant to art. 7 of the Legislative Decree. 196/2003 and pursuant to article 15 of GDPR 679/2016 all those who have provided their data have the right to know at any time what personal data we have about them and how they are used, propose an update or a 'integration of the same, request their cancellation, suspension or oppose their processing, the data will be processed and stored in the case of a contract for a maximum period of 10 years, also in the case of estimates and offers (remarketing).
16. Communications
16.1 For assistance on online purchasing methods, for returns or for further information on the products, you can contact BRINKE at the following numbers: telephone 030-9144848 e-mail sales@brinkebike.com.
17. Applicable law and competent court
17.1 These General Conditions are governed by current Italian law. For civil disputes concerning sales contracts between the Customer and BRINKE concluded through the Site, if the Customer is a consumer, territorial jurisdiction peremptorily belongs to the judge of the Customer's place of residence or domicile. In all other cases, territorial jurisdiction belongs to the Court of Brescia.
17.2 The possible invalidity of individual clauses of the CONTRACT or of the GCS will not imply the invalidity of the entire CONTRACT or of the GCS.
1. Object
These general conditions of sale (hereinafter the “CGV”) govern the contract (hereinafter the “CONTRACT”) for the online sale of the products (hereinafter the “PRODUCT” or “PRODUCTS”) offered by Valsabbina Commodities spa (hereinafter “BRINKE”) - based in Desenzano Del Garda (BS), at Via Adua,3 PI and CF 02820220982 - owner of the BRINKE brand, through its website www.brinkebike.com to users of the SITE.
2. Effectiveness and modification of the GCS
2.1 The GCS are published on the SITE to be easily read and known by the CUSTOMER before purchasing a PRODUCT, accepted before the purchase order is sent, stored on their computer and reproduced on paper by printing of the file in which they are contained.
2.2 The GCS applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must carry out the above operations before proceeding with each purchase.
2.3 BRINKE reserves the right to modify these conditions of sale without notice. The General Conditions in force at the time of conclusion of the sales contract will be applied to purchase orders placed before the publication of the aforementioned changes.
3. Purchase procedure
3.1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability.
3.2 The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this desire through a request made directly on the SITE, following the procedures indicated therein. Upon confirming the order, the customer declares to have read and accepted these conditions of sale.
3.3 In the case of multiple orders, as many contracts as the number of PRODUCTS ordered will be deemed to have been stipulated.
4. Conclusion and effectiveness of the contract
4.1 Once the purchase order has been received, BRINKE will send the CUSTOMER the order receipt, containing a summary of the content of the information relating to the sale and will proceed with processing the purchase order. This confirmation email contains the details of the CUSTOMER and the order, the price of the goods purchased, the transport costs and the shipping address to which the goods will be sent. The CUSTOMER undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.
4.2 BRINKE undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. The description of the characteristics of the Products contained in brochures made available to the Customer, like any other material, brochure, publication (including disclosure via computer network) or product offered for promotional purposes, is merely indicative and not binding for BRINKE. Even the photographs of the products presented on the website www.brinkebike.com do not constitute a contractual element, as they are only representative.
5. Payment methods
5.1 Payment can be made by credit card, "PayPal" system also with three convenient installments, bank transfer or installment financing. Payment by credit/debit card: In case of payment by card, the Customer's order will not be processed until the payment transaction has been authorized by the Banking Entity. If your credit card issuer refuses to authorize payment, BRINKE will not be liable for any delay or failure in delivery. Payment by bank transfer: The Customer must make the transfer to the account number subsequently provided by BRINKE. Payment with PayPal: PayPal allows you to pay directly without having to communicate sensitive data via the internet. Payment with installment financing with Findomestic: if the customer opts for this choice, he will receive an email from customer service (during office hours from Monday to Friday 9am-6pm) with the operating methods.
Financing conditions
Finalized credit offer valid from 01/01/2024 to 12/31/2024 as per representative example: Price of the asset €1190, fixed Tan 7.65% APR 7.93%, in 36 installments of €37.1 additional costs of the offer reset. Total amount of credit €1190. Total amount owed by the Consumer €1335.6. For subsequent quarters please refer to the European Basic Information on Consumer Credit. In order to manage your expenses responsibly and to find out about any other offers available, Findomestic reminds you, before signing the contract, to read all the economic and contractual conditions, referring to the Basic European Information on Consumer Credit (IEBCC) at the point of sale. Subject to approval by Findomestic Banca SpA. Valsabbina Commodities SpA operates as a credit intermediary for Findomestic Banca SpA, not exclusively.
5.2 Communications relating to payment and the data communicated by the CUSTOMER when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
6. Prices
6.1 All sales prices of the products offered on the website www.brinkebike.com are expressed in Euros and include VAT.
6.2 Shipping costs for online purchases are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making payment. Shipping is free for orders over €1,000.
6.3 BRINKE requires that payment of the full price, including shipping costs, be made prior to delivery/execution of the contract. BRINKE will suspend delivery/execution of the contract until receipt of the full price.
6.4 The CUSTOMER accepts BRINKE's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of the order and confirmed in the email sent by BRINKE as confirmation of the acquisition of the 'order.
7. Delivery of products
7.1 BRINKE undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order, via the carrier responsible for their transport.
7.2 BRINKE cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Furthermore, BRINKE cannot be held responsible for any damage that may occur to the PRODUCTS after delivery to the carrier responsible for their transport as well as for delays in delivery attributable to the latter.
7.3 BRINKE reserves the right to communicate to the CUSTOMER, within 20 days of purchase to the email address associated with his profile, any unavailability of one or more of the PRODUCTS purchased. In this case, BRINKE will refund (to the payment card, to the Pay Pal account or to the Customer's IBAN code in the event that the Customer made the payment by bank transfer) the price and shipping costs. Only in agreement with the CUSTOMER and with the latter's consent, exclusively on BRINKE's proposal, will the latter be able to send a PRODUCT different from the one ordered, of equivalent value. However, the unavailability of one or more of the PRODUCTS ordered will not give the CUSTOMER the right to cancel the entire order.
7.4 If the goods ordered are delivered outside Italy and European Union countries, the customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be your responsibility.
8. Billing
8.1 For each order placed on the website www.brinkebike.com, BRINKE issues an invoice for the material sold. For the issuing of the invoice, the information provided by the CUSTOMER at the time of purchase is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
9. Rights and obligations of the customer
9.1 The CUSTOMER, upon confirmation of the purchase order, declares:
a) that you have read, understood and accepted the GCS.
b) to authorize BRINKE to process the personal data communicated at the time of purchase
9.2 The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to both save an electronic copy and print the Contract and the GCS for the purposes of their conservation.
9.3 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check, in the presence of the carrier:
a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials.
c) that the quantity and type of PRODUCTS delivered corresponds to what was ordered. Any anomalies or discrepancies must be reported immediately to the carrier upon receipt of the PRODUCTS, by indicating them on the delivery note.
9.4 For any need for assistance or complaints relating to the PRODUCTS purchased, the CUSTOMER must contact BRINKE at the contact details indicated in the following point 16 of the GCS.
10. Legal guarantee in favor of the customer/consumer
10.1 To the sale of the Products made to the customer who qualifies as a consumer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out, or who does not make the purchase by indicating a reference in the order form of VAT number), the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply, as amended by Legislative Decree 4 November 2021, n. 170. In particular, in the event of a lack of conformity, which occurs within 2 years of delivery, the CUSTOMER has the right to take action exclusively against its Reseller. The action aimed at asserting defects not maliciously hidden by the seller is barred within 26 months from delivery of the goods. Unless proven otherwise, it is presumed that any lack of conformity which manifests itself within one year from the moment in which the goods were sold already existed on that date, unless this hypothesis is compatible with the nature of the goods or with the nature of the lack of conformity.
10.2 In the event of a lack of conformity, the consumer has the right:
to restoration (being able to choose between repair and replacement both at no cost to the consumer, as long as the chosen remedy is not impossible or excessively burdensome for the retailer) or to the proportional reduction in the price or upon termination of the contract, unless the defect is only minor.
Nothing is owed by the Dealer for the period in which the bicycle is kept still for assistance/repair activities.
10.3 The rights arising from the legal guarantee of conformity may be exercised provided that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed instructions, as well as upon presentation by the CUSTOMER of the sales receipt.
10.4 The warranty does not cover normal wear and tear, scratches, abrasions or damage to the external parts of the product. In particular, it does not cover damage caused by: improper use (failure to comply with the instructions contained in the instruction booklet); falls or impacts, even accidental, suffered by the product; tampering, repairs not carried out by authorized parties; shelter in inappropriate places (extreme temperatures or high humidity, action of atmospheric agents) lack of routine maintenance
10.5 Please note that the legal guarantee for the ebike battery is 1 year.
11. Customer/consumer right of withdrawal
11.1 Pursuant to art. 64 Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out, or does not make the purchase by indicating a VAT number reference in the order form), he/she has right to withdraw from the Contract, without any penalty and without specifying the reason, starting from receipt of the order confirmation sent by BRINKE, no later than ten working days from receipt of the goods at the address indicated for delivery. The date shown on the delivery note is full proof of receipt.
11.2 Purchases made by retailers and companies with a VAT number and those made directly from authorized shops are excluded from the right of withdrawal. The right of withdrawal also does not apply to the following product categories:
a) if the returned product is not intact or the original packaging is missing, integral elements of the product are missing (accessories, screws, instruction manual, etc.)
b) product damaged for reasons other than transport.
c) The products must not have been used, the products must not have been assembled or disassembled or damaged.
11.3 The CUSTOMER may exercise the right of withdrawal by giving prior written notice by e-mail to the address: sales@brinkebike.com.
11.4 If the PRODUCT has already been delivered, the CUSTOMER is required to return it to BRINKE.
To this end:
- the deadline for returning the PRODUCT is ten days from receipt of the same; the date shown on the delivery document is full proof. The Customer must communicate the desire to return the product within the return deadline, the return costs are borne by BRINKE who will organize the collection via its own courier, the CUSTOMER must prepare the PRODUCT duly packaged and packaged as originally and insert copy of the delivery document inside the packaging box.
11.5 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, BRINKE will refund the sums paid by the CUSTOMER to the payment card or Pay Pal account or to the Customer's IBAN code in the event that the Customer has made the payment by bank transfer, indicated by the same for the purchase. In the presence of payment methods with financing, the customer will have the right to revoke the financing contract, therefore nothing will be due if the right is exercised within the agreed terms.
12. Seller's Responsibilities
12.1 BRINKE assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by the contract.
13. Use of the site
13.1 BRINKE assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example: a) errors, delays or impossibility in accessing the SITE by of the CUSTOMER during the execution of the sales procedure; b) errors, delays or impossibility in receiving, by the CUSTOMER, communications made by BRINKE in relation to the sale of the PRODUCTS.
14. Intellectual and industrial property rights
14.1 BRINKE informs that the SITE, as well as all trademarks and distinctive signs used in relation to the sale of the PRODUCTS, are protected by applicable intellectual and industrial property rights and any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited , in any form and for any purpose they occur, of the contents of the SITE, of the trademarks and distinctive signs used by BRINKE
15. Protection of personal data
15.1 The personal data obtained by BRINKE from the Customer will be kept and processed in accordance with applicable laws, Legislative Decree. 196/2003 and subsequent amendments and GDPR 679/2016. The data will be collected and stored in compliance with the "state laws on the matter" and only for the purpose of better managing your orders and carrying out the economic activity carried out by Brinke Bike, including remarketing and budgeting activities. and offers. All personal data will be treated in the strictest confidentiality. The provision of data is mandatory in order to provide the services and any refusal to provide such data could lead to the failure or partial continuation of the relationship. The data may be communicated to subjects external to the Company, such as collaborators, consultants, representatives, transporters, partners, credit institutions, or other subjects only if strictly connected to the execution of the relationship. However, the processing of the data collected will be based on the principles of correctness, lawfulness and transparency and the protection of your privacy and your rights. The data you provide will be processed for the purposes of the company's activity, in particular purposes related to tax and accounting obligations and the purposes related to the carrying out of the company's economic activity including remarketing, budgeting and offers. The data will be processed both with IT tools and on paper supports and on any other type of suitable support, in compliance with the law. Pursuant to art. 7 of the Legislative Decree. 196/2003 and pursuant to article 15 of GDPR 679/2016 all those who have provided their data have the right to know at any time what personal data we have about them and how they are used, propose an update or a 'integration of the same, request their cancellation, suspension or oppose their processing, the data will be processed and stored in the case of a contract for a maximum period of 10 years, also in the case of estimates and offers (remarketing).
16. Communications
16.1 For assistance on online purchasing methods, for returns or for further information on the products, you can contact BRINKE at the following numbers: telephone 030-9144848 e-mail sales@brinkebike.com.
17. Applicable law and competent court
17.1 These General Conditions are governed by current Italian law. For civil disputes concerning sales contracts between the Customer and BRINKE concluded through the Site, if the Customer is a consumer, territorial jurisdiction peremptorily belongs to the judge of the Customer's place of residence or domicile. In all other cases, territorial jurisdiction belongs to the Court of Brescia.
17.2 The possible invalidity of individual clauses of the CONTRACT or of the GCS will not imply the invalidity of the entire CONTRACT or of the GCS.
