1 GENERAL SELLING TERMS
The following Sales Terms & Conditions regulate the sale of ITM brand products on the website www.itm.it.
All ITM products are sold by Bike Machinery Trading company, with legal address in 4F-2., No.497, Zhongming S. Rd., West district, Taichung, Taiwan on behalf of ITM through the website www.itm.it.
2 COMMERCIAL POLICIES
Bike Machinery Trading Company offers its products on the website and manages its e-commerce platform for “final consumers” and after specific and individual request of ITM, also to dealers and distributors. The offer for sale of a product by Bike Machinery Trading Company is not binding. An agreement between parties takes effect only when Bike Machinery Trading Company has confirmed an order placed by the final consumers. In order to conclude the purchase of one or more products from Bike Machinery Trading Company, the steps required to place an order on the website must be followed by the final consumer so that it can be validated. An agreement takes effect when Bike Machinery Trading Company sends you an order confirmation. This agreement between you and Bike Machinery Trading Company embraces these Selling Terms and Conditions, and any other written arrangements. Failure to provide all the data and information Bike Machinery Trading Company has asked for, may result in Bike Machinery Trading Company accepting or refusing your order. If discovered, (at the order packing stage) that the products ordered are out of stock, Bike Machinery Trading Company will immediately inform you and proceed with the prepaid amount refund.
3 SHIPPING & terms
Being on time delivery our ultimate priority, Bike Machinery Trading Company operates with the most reliable and trustworthy carriers. Deliveries normally take 7 working days from time of shipment, but in any case to effect delivery within a maximum of 20 (twenty) days from the day following that into which the Consumer has sent the order. The Consumer agrees that Seller’s execution of the contract will commence upon the crediting of the price of the Product(s) purchased on Bike Machinery Trading Company bank account.
In the event of Bike Machinery Trading Company failing to execute the order, due to the unavailability of the Product, Bike Machinery Trading Company will also provide written notice to the Consumer and will repay any sums already paid by the Consumer for payment of the Product.
Once products are passed to the courier, we send you an e- mail with the tracking number of the consignment and a link for tracking the entire delivery process.
Transportation costs will be charged as a lump sum as follow:
- € 12,70 for purchases till €50 (US$ 14 for purchases till US$ 55)
- € 8,2 for purchases till €100 (US$ 9 for purchases till US$ 110)
- € 5,5 for purchases till €200 (US$ 6 for purchases till US$ 220)
- Free for purchases over €200 (Free for purchases over US$ 220)
The price for the order specified in the agreement is to be paid via website. Payment is subject to the website terms and conditions. If the order is placed by credit card, the credit card account will be verified once the order is placed. If your credit card is declined, the transaction will be cancelled. Once the order is raised, you will be billed for the total price of products purchased and the related shipping costs, — that is, before the physical shipment of the goods. The price charged for an order is to be considered once the order is made. All prices showed in the website and accepted by you when submitting the order exclude VAT and other taxes and surcharges (except for orders from Taiwan which includes a 5% VAT charge).
As mentioned in the Selling Terms and Conditions, all prices showed exclude VAT and other import duties or any other importing or brokerage fee. Any such duties or fees are entirely at your expense.
In order to ensure the highest payment security, Bike Machinery Trading Company chooses PayPal for all online payments.
PayPal accepts payments by the most common credit cards or using a PayPal account.
5 WARRANTY AND ORDER CANCELLATION
The Consumer has a total of 3 days to check that the delivery is correct and that includes all the products purchased as well as reporting any possible defects and damages of the delivery. If any packaging of the products is delivered damaged, the Consumer is entitled to refuse delivery by the carrier/shipper or to accept the delivery “with reservation”. If no objections are filled to the carrier/shipper within 3 days, the Products delivered will be considered definitively accepted by the Consumer.
The following conditions will also apply when returning the products.
- You must send a notification to Bike Machinery Trading Company expressing the will to return the product within 5 days from the agreement date;
- Products must not have been damaged before returning.
- Products must be returned in one shipment only (no partial shipments allowed.
Once you are authorized by Bike Machinery Trading Company to return the product, you can hand it back to the courier to return it to us. Any return carriage costs are at your charge
If the above conditions are met, Bike Machinery Trading Company shall reimburse the price paid for the products within 14 days of the return request.
6 LIMITATION OF LIABILITY AND FORCE MAJEURE
Only Bike Machinery Trading Company shall determine if the conditions of the agreement between yourself and Bike Machinery Trading Company have been met. Bike Machinery Trading Company is only liable for the purchase price you paid for the products in question (VAT excluded). Bike Machinery Trading Company is no way liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive, or special damages. Bike Machinery Trading Company does not take any responsibility in totally or partly failing to fulfill its contractual obligations if that failure is caused by unforeseeable events and/or natural events outside, catastrophic natural events, acts of terrorism, wars, popular upheavals, lack of electricity, public and/or private workers’ strike, strike and/or restrictions on the viability of couriers and airliners.
7 INTELLECTUAL PROPERTY RIGHTS
The Consumer declares and acknowledges all trademarks, distinctive sign, naming, image, photograph, written or graphic text used on the Site or related to the Products are exclusive property of ITM. Misuse of all the above mentioned (such as modification, total or partial reproduction without the explicit ITM’s consent) is prohibited and legally prosecutable
8 APPLICABLE LAW
These Selling Terms & Conditions are subject to the law of Republic of China (Taiwan). Should any of these terms and conditions be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. Any disputes arising from the relationship referred to in the previous paragraph shall be submitted to the competent court of Taichung, Taiwan.