1. GENERAL TERMS AND CONDITIONS
(referring to Italian law: titolo III, sezione II, D.Lgs 6-9-2005, n. 206)
1.1) All offers and sale contact, received through our online shop www.leecougan.com (here below named “webshop”), shall be governed by these general terms and conditions.
1.2) Our general terms are offered in two languages: Italian and English.
1.3) Our contracts with the Customer shall be made exclusively in Italian or English language.
1.4) Italian general sales terms will be applicable only to purchases/sales made by italian residents. For all other purchases/sales the applicable general terms will be the English version.
1.5) By placing a purchase order, the customer (here below named “Customer”) states that all general terms and purchase conditions have been fully read, understood and accepted.
2. GENERAL ORDER ACCEPTANCE TERMS
2.1) Our offerings published in the “webshop” are non binding. Prices can be modified without previous information.
2.2) By sending a purchase request in the “webshop” (which requires prior registration and acceptance of these General Terms and Conditions), the “Customer” makes a request for the purchase of the relevant product. The request becomes a binding order only after a valid payment has been sent to us using one of this method: PayPal or Bank Transfer.
2.3) After receiving the “Customer” request for a product offered in the “webshop”, we shall send a confirmation of acceptance to the mail registered by the “Customer”. The sales contract with the “Customer” shall not become effective until our mail of acceptance.
2.4) We shall send a confirmation of acceptance including Vat charges due for all EU countries, and confirmation of the transport charges. A list of shipping charges for your information can be seen here SHIPPING COST.
Duties and customs charges for non EU countries will not be listed in the confirmation. These charges are to be paid by the “Customer” of the goods at the time of receipt. We do not have any control over these possible extra costs; please check with your country import office before you place your order.
2.5) Any “Customer” who is a Consumer shall be entitled to revoke the purchase and return the product in accordance with the cancellation and return policy as separately made available to the “Customer” in connection with the e-mail confirming receipt of the return request.
3. PRICES AND PAYMENT METHODS
3.1) Prices stated in the “webshop” are net of VAT, shipping costs, and any other import charges at destination. Any customs duties and similar public charges shall be borne by the “Customer”.
3.2) All shipments by us shall require advance payment be made in the manner made available in the “webshop” on the purchase form. Should the “Customer” ask for direct pick up from our warehouse of the products purchased, this must anyway be paid in advance and the relative amount must be received in our bank account. In this case, we will send a confirmation to the “Customer” at the e-mail address registered in the “webshop” to confirm the receipt of the payment and the release of the goods.
4. SHIPPING OF THE PRODUCT
4.1) We shall dispatch the product in 2 working days from the receipt by us of the full purchase price, including VAT if due, and shipping cost. Should the product not be immediately available in stock, we will inform the “Customer” by mail of the soonest possible dispatch date. Should the soonest possible dispatch day be over 14 calendar days from the receipt of the full payment as above, the “Customer” will be required to accept the delay in written or to ask for complete refund of the paid amount if the dispatch date is not accepted and the purchase is cancelled.
4.2) In the event that the product is permanently not available, we will not accept the order. In this case, the sales contract with the “Customer” shall not become effective and the paid amount, if any, will be totally refund.
4.3) In the event that we fail to keep a date of delivery for any unforeseeable reason, the “Customer” will be immediately informed by mail with a new dispatch date. Should the new soonest possible dispatch day not be accepted by the “Customer” in written, he will be refund of the paid amount without delay and the purchase is cancelled.
4.4) Partial deliveries of products included in the same order may be offered by us. The remaining products included in the same order will then be shipped and transport costs on such shipment will be paid by us. Customs charges or VAT will still be required to be paid by the “Customer” without any discount or reduction.
4.5) Frame kits are non assembled. Fork and other small parts are in separate boxes in the main carton.
Bikes come 90% assembled and tuned (front wheel, seatpost/saddle are not assembled and tuned, handlebar and stem are assembled but not tuned). After you take your bike from the cardboard carton, un-tight the bolts on the front of the stem and move the handlebar in the correct position. Then turn the cover bolts of the stem until the handlebar is slightly tight. After inserting the saddle and seat post by slightly closing the clamp, after fitting the front wheel and properly closing the quick release, the final adjustment of the handlebar and saddle height position can be made. A handbook is included with the delivery of every bike.
We suggest to have your bike checked by a professional bicycle mechanic for the fine tuning of shifters and wheels. All instructions on how to take care and maintain your Lee Cougan bike are in the main carton.
5. SHIPMENT INSURANCE TERMS AND PROCEDURES
5.1) Shipping method and transport carrier can only be selected by us and will be stated in the confirmation of the order. The “Customer“ is free to personally come and pick up the products in our distribution warehouse at the address: Via San Martino 25, 31020 San Zenone degli Ezzelini (TV) Italy. Any direct pick up of goods from our distribution warehouse can only be done after our confirmation of payment receipt by the above stated methods in point 2.2)
5.2) We shall only be obliged to properly and timely deliver the product to the carrier. Upon “Customer” request we will provide an estimate delivery lead time of the selected carrier. The estimate delivery time will not be binding but only a standard lead time. Any carrier delay will not arise any right of claim by the “Customer”.
5.3) The “Customer” shall bear the shipping costs. The shipping costs include the costs for a transport insurance against the usual risks of transportation.
5.4) The products are insured for transport damages until the “Customer” acceptance of the delivery. It is the “Customer” duty to check for any external damage to the box/boxes or visible openings by a third party of the carton/cartons. Any such damages shall be reported immediately to the carrier on acceptance of the delivery. Such claim must also be immediately communicate to our “webshop” mail contact, including the invoice number and the description of the claimed damages to the box/boxes.
5.5) In case of more boxes per shipment, the “Customer” is obliged to count all the delivered boxes and it is the “Customer” responsibility that the delivered quantity of boxes matches the number stated in the invoice. A mismatch of the number of boxes delivered must be reported to the carrier on the delivery and the same communication must be mailed to our “webshop” mail contact.
5.6) The transport insurance terminates on the delivery of the boxes to the “Customer” and its acceptance without immediate claims. In case of direct pick up from our warehouse, such risks will pass to the “Customer” upon delivery of the product by us to the carrier.
6. RETURN POLICY
6.1) In the event of a defect of the delivered product, the “Customer” shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects.
6.2) Being valid the fact that the “Customer” has the right to receive the purchased products without a defect or fault, it is our only decision to ask for return and repair the faulty product, or to send a replacement or part which can be used by the “Customer” to make its purchase without defects.
We may refuse to accept return of the faulty product and to send a complete replacement of the same product if this would result in unreasonable costs. We are entitle to find the least expensive method to replace or repair the faulty product in any possible way me may find available in the market.
6.3) After our acceptance under return policy has been given to the “Customer”, return transport costs for products to be replace/repaired in warranty must be paid by the “Customer”. We will then reimburse the relevant cost after receipt of the proof of transport charge paid by the “Customer”, but not exceeding the amount of Eur 50, or the counter value of Eur 50 in any other internationally approved currency, per each return under warranty. The method of reimbursement for the return transport charge will be agreed with each individual “Customer”.
6.4) The “Customer“ shall bear the return shipping costs in full, when exercising the right to revoke the purchase without any valid claim pursuant to our actions and services. Such right must be exercised within 10 days from the receipt of the purchased product. The product must be in the unused condition that you received it and in the original box and packaging, all parts and literature inside the box.
7. INTERNATIONAL WARRANTY AND LIMITATIONS.
7.1) Each product published in our “webshop” is covered by a warranty period of two years upon delivery of the product to the “Customer”. Products are warranted free of defects and faults.
7.2) Limitations to the warranty applications are:
7.2-1) The warranty does not cover damages caused by inappropriate use.
7.2-2) The warranty does not cover damages caused by lack of care and inappropriate maintenance.
7.2-3) The warranty does not cover damages caused by modifications such as re-paint, holes drilling or engravings, any cut or part reduction (to obtain weight reduction)
7.2-4) The warranty does not cover damages caused by mounting and alteration of additional components, or replacement of our original components by components that do not have a similar quality and were not expressly approved by us.
7.2-5) The warranty does not cover damages caused by crash or any accidental action (including riding on uneven roads or speed bumps without the necessary speed reduction).
7-2-6) The warranty does not cover damages due to poor care about possible faults in the product resulting from crash or any accidental action (see point 7.2-5).
7.3) In the event that it is necessary to change the frame and/or the fork we will replace them in the original colour subject to availability. Should the original colour no longer be available, we will replace the parts with the minimum possible deviations from the original colour.
7.4) Warranty rights are limited to the aforementioned and any additional incurred costs (such as assembly, transport, etc.) and additional costs for assembly or material due to a model change are not covered.
7.5) Our warranty is valid only for the original buyer of the product, within the validity time of the warranty.
8. LIABILITY
8.1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. We shall not be liable (on whatever legal grounds) in cases of wilful misconduct or gross negligence by the “Customer”.
8.2) We shall not be liable (on whatever legal grounds) for damage claims of the “Customer” based on obvious defects of the product, unless the “Customer” reports the defect within two weeks after the delivery of the product.
8.3) We shall be liable for products guaranteed under the Italian Product Liability Law. Copy of our Liability insurance can be provided at any time pursuant a written request by the “Customer”, by a registered mail to our address: Via San Martino 25, 31020 San Zenone degli Ezzelini (TV) Italy.
9. CUSTOMER’S DATA PROTECTION
(referring to Italian law Art.13, D. Lgs. 30-6-2003, n.196)
9.1) We may save and process any data relating to the “Customer”, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
9.2) We shall never make available any personal data of the “Customer” to third parties without the express consent of the “Customer”, except to the extent that we are required to disclose any data pursuant to applicable law.
9.3) Copy of the full privacy polity is available at: Privacy Policy
10. APPLICABLE LAW
10.1) Any conflict between us and the “Customer” shall be governed by the italian applicable law.
10.2) Any act will be held in the Tribunale di Vicenza, Italia (Vicenza court, Italy). Our company has the right to appoint a third part representative to act in its behalf in any controversy arising from legal or liability dispute.