Terms and Conditions
SANTUCCI CYCLES
10435 Berlin
Deutschland
Inhaber: Daniel Santucci
VAT Nummer: DE292566689
Steuer Nummer: 31/504/63817
E-Mail: hello < at > santucci-cycles.com
General
Contractual services and offers made by SANTUCCI CYCLES are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with SANTUCCI CYCLES
Supplementary agreements, additions to or deviations from these terms and conditions are only valid where they have been confirmed in writing by SANTUCCI CYCLES
The party to the contract’s own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by SANTUCCI CYCLES
Conclusion of contract
Offers from SANTUCCI CYCLES websites, catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
SANTUCCI CYCLES is entitled to accept the party to the contract’s offers within a period of two weeks from receipt. The contract is concluded if SANTUCCI CYCLES provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Subject of the contract
The subject of the contract is solely the goods which are expressly confirmed by SANTUCCI CYCLES or are dispatched against an order placed by the party to the contract.
Drawings, diagrams and other product descriptions are non-binding. Printing errors, design and technical changes may occur and these do not form the basis for any rights of the party to the contract. Goods are deemed to have failed to fulfill the contract only where there is a deviation from the product description which is more than merely minor and insignificant.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The party is responsible for checking compatibility in regards to size, fit, and color. SANTUCCI CYCLES has made every effort to display as accurately as possible the product descriptions, colors, and images of our products that appear in the store and cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Payment and Delivery
SANTUCCI CYCLES is entitled to effect delivery of the goods forming the subject of the contract after the expiry of the two week cooling-off period described in section “Returns for long distance sales contracts”.
All prices given are in euros and are inclusive of VAT. The prices of new products are inclusive of 19% VAT. The prices of pre-used or so called “NOS” (new old stock) products are subject to differential taxation (§ 25a UStG). Goods are delivered by SANTUCCI CYCLES against cash in advance only.
The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their order number), paypal or credit card.
Exact Delivery Costs, accepted payment forms etc can be found under SHIPPING AND PAYMENT.
SANTUCCI CYCLES reserves the right to amend the estimated postage and cash on delivery charges in line with actual changes to these costs.
SANTUCCI CYCLES may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
The party to the contract may not assign debts due against SANTUCCI CYCLES without the express written consent of SANTUCCI CYCLES.
Reservation of ownership
The goods forming the subject of the contract remain the property of SANTUCCI CYCLES until they have been paid for in full.
Transport Damages
SANTUCCI CYCLES is not liable for transport damages. If damages occur during transport these need to be addressed with the delivery company.
Returns for long distance sales contracts
The party to the contract has the right to revoke his manifestation of intent based on the conclusion of the contract within a period of two weeks from receipt of the goods. No reason need be given for this revocation, which is to be made in written form via email.
In exercising this right of cancellation, the party to the contract must return the goods. Items must be in original, unused condition (components cannot have been installed) with the original packaging and/or tags. SANTUCCI CYCLES cannot be responsible for packages mailed to us, therefore when returning goods we suggest that you use a trackable and insured mail service.
For returns the party to the contract bears the postage costs regardless of the value of the order, as long as the goods delivered correspond to the goods ordered.
In case of Cancellation or Return, it’s recommended to contact us.
Tel: 0049 (0)30 / 21 46 69 70
E-Mail: hello@santucci-cycles.com
Warranty and Guarantee
SANTUCCI CYCLES is obliged to give warranty according to German law. Warranty in this case means that SANTUCCI CYCLES is responsible for the good being free of defects as to quality and/or defects of title at the moment of closing a contract of purchase. Unsettled invoices are not eligible for warranty claims. Warranties last 24 months for new goods and 12 months for used or refurbished goods (§438 BGB).
We assume liability for the goods delivered by us only to the extent that the respective manufacturer of the goods assumes liability. Any further claims for damages of any kind are excluded if we can not be proved by intent or gross negligence.
Liability for damage caused by negligence is excluded. The guarantee for goods supplied by us since delivery to the customer is subject to the respective valid legal regulations. The statutory obligation to investigate and to impose a complaint applies to all our deliveries and services. Only our direct customers (first purchasers) are entitled to collect warranty claims.
- Complete Bicycles
SANTUCCI CYCLES complete bicycles have a two-year warranty for obvious material damage. For this purpose, the initial inspection at 200 km as well as a regular professional annual (or every 5000 km) maintenance must be documented in writing without any warranty. Explicitly excluded from this warranty are wear parts such as handlebar tape or grips, seats, tires, tubes, cassettes, chainrings, chains, brake pads as well as all cables. Likewise, all damage, such as corrosion of aluminum and steel parts, which indicate a defective or non-existent maintenance, is also not covered by the warranty.
- Frames
1) made-to-measure frames have a two-year warranty on consistency and workmanship.
2) refurbished frames have a one-year warranty on consistency and workmanship
- Paint
The legal warranty period of 2 years applies to the varnishing (paint or powder coat) of the bicycle frame, with the exception of damage caused by mechanical forces, chemical cleaning agents and environmental influences. In addition, damage caused by improper handling or even by appropriate daily use, such as falls, changes to the bicycle frame, over stressing, improper care and lack of maintenance, are excluded from the warranty.
- Components
All products and parts not listed above are not covered by this warranty. As a rule, however, original parts or components are protected by the warranty of the respective parts manufacturer or component manufacturer and must be claimed by the respective manufacturer.
In the event of warranty claims, a return authorization and a copy of the invoice or proof of purchase is required. The item for which a warranty claim is made must be sent to SANTUCCI CYCLES together with a copy of the invoice.
For defects in the goods forming the subject of the contract, SANTUCCI CYCLES will initially either remedy the defect or replace the defective item at the party to the contract’s discretion. SANTUCCI CYCLES is, however, entitled to decline to remedy the defect in the manner selected and to select the alternative option in order to remedy the fault if carrying out this option will result in disproportionately high costs and the alternative remedy does not offer any significant disadvantage to the party to the contract. SANTUCCI CYCLES is entitled to make two attempts to remedy the defect, in each case within 3 weeks of being notified of the defect.
If the attempt to remedy the defect is without success, the party to the contract is entitled to demand a reduction in the remuneration paid (diminution of the price) or reversal of the contract (cancellation). Where a defect is minor, the party to the contract does not have the right of cancellation. For the maintenance of warranty claims, the party to the contract is obliged to examine the goods immediately on receipt. SANTUCCI CYCLES must be notified of damage arising during transportation or obvious defects within one week.
The warranty does not include normal wear and tear. If SANTUCCI CYCLES maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet the high quality standards of SANTUCCI CYCLES, the warranty will be rendered invalid. Where damaged or used goods are returned, SANTUCCI CYCLES expressly reserves the right to assert claims for compensation. The party to the contract must pay compensation for the value of any deterioration arising through the proper use of the goods. The party to the contract must exercise due care when examining the goods. Any loss in value arising from any usage beyond simply examination, such that the goods can no longer be sold as new, must be borne by the party to the contract.
SANTUCCI CYCLES does not offer a guarantee (defined as guaranteed operability of goods or part of goods for a certain time span) for any sold goods. The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by SANTUCCI CYCLES.
Any necessary changes & repairs will only be accepted in Berlin.
In case of Cancellation or Return, its recommended to contact us.
Tel: 0049 (0)30 / 21 46 69 70
E-Mail: info@santucci-cycles.com
Liability
There is no liability for SANTUCCI CYCLES in case of damages that may arise using the goods, especially by false use or material failure. In that case there is no right for compensation claims unless SANTUCCI CYCLES acted gross negligence. The evidence must be brought by the customer.
Data protection
In order to complete orders, SANTUCCI CYCLES will save the party to the contract’s personal details and, where necessary, pass these on to third parties for this purpose. All personal data is treated in confidence.
Concluding provisions
If individual provisions of the contract between SANTUCCI CYCLES and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions. The invalid provisions will be replaced by a provision the content of which most closely approximates the purpose of the provision replaced. The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
Santucci Cycles (Berlin, 2014/06/16)