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General Terms and Conditions of Sale

The offer and sale of products on the website www.swi-cycling.com are governed by these General Terms and Conditions of Sale. For information about the management of personal data, please refer to our Privacy Policy. Prior to submitting a purchase order, the Customer should read these General Terms and Conditions of Sale carefully. The submission of an order implies full knowledge and acceptance of both these General Terms and Conditions of Sale and of what is described in the order procedure. Once the online purchase process is concluded and after reading and accepting these General Terms and Conditions of Sale, the Customer should print and save a copy. 1. Purpose 1.1 The purpose of these General Terms and Conditions of Sale is to govern the online sale of products via the e-commerce service on the website www.swi-cycling.com. 1.2 The products sold on the website can only be purchased from and delivered to the countries specified in paragraph 8.6. Any orders for shipments to be made to other countries will automatically be rejected during the order processing procedure. 2. Subjects 2.1 The products are sold directly by the company Xence SA (hereinafter Seller) with registered and business office in Switzerland, Alpenstrasse 11 – 6300 Zug (CH). For further information, contact Xence SA via e-mail at the following address: customercare@swi-cycling.com. 2.2 These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders of products on www.swi_cycling.com and do not cover the supply of services or the sale of products by persons other than the Seller which appear on www.swi-cycling.com website through links, banners or other hypertext links. 2.3 The products are sold to the Customer identified by the data entered upon registration with the website and upon sending the order in electronic format with simultaneous acceptance of the General Terms and Conditions of Sale contained herein. 2.4 The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity, and a "Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional. 2.5 The offer of products on the website www.swi-cycling.com applies to customers aged 18 years or over. Customers under 18 of age must obtain the prior consent of a parent or guardian to purchase on the website www.swi-cycling.com. By placing an order through the website, the Customer represents and warrants being of legal age (18 years) and having the legal capacity to enter into binding contracts. 2.6 The Customer is prohibited from using false and/or made-up and/or fictitious names during the online ordering procedure and subsequent correspondence. The Seller reserves the right to legally pursue any violation or abuse in the interest and for the protection of all its customers. 2.7 Furthermore, by accepting these Terms and Conditions of Sale, the Customer holds the Seller harmless from any liability arising from the submission of incorrect tax documents due to errors in the data provided by the Customer upon placing the online order, as the Customer is solely responsible for their correct input. 3. Sale via e-commerce service 3.1 The online sales contract is a distance contract for the sale of movable property (hereinafter referred to as the Products) entered into by and between the Customer and Xence S.A. as the Seller, as part of the e-commerce service organized by the Seller using the distance communication technology called the Internet. 3.2 To conclude the contract for the purchase of one or more Products, the Customer must fill in the electronic Order Form and send it to the Seller by the Internet following the relevant instructions. 3.3 The Order includes the following: • Reference to these General Terms and Conditions of Sale. • Information and pictures of each Product and its price. • The method of payment that the Customer can use. • Delivery Methods of Purchased Products and Shipping/Delivery Costs (Excluding Local Taxes and Duties) • The method of delivery of the purchased Products and the shipping and handling costs to the methods and time limits for the return of the purchased products. 3.4 While Xence SA constantly makes every effort to ensure that the photographs displayed on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution aimed at minimizing inaccuracies, variations may occur due to the technical and color resolution characteristics of the computers used by the Customers. As a result, the Seller shall not be held liable for any deficiency in the graphic representations of products displayed on the Website due to these technical reasons as such representations are purely for illustrative purposes. 3.5 Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the Notice about the right of withdrawal and return and the processing of personal data. 3.6 The contract is concluded when the Seller confirms the Customer's Order received through the Internet and after verification of the correctness of data related to the order. 3.7 Once the contract is concluded, the Seller will process and fulfill the Order. 4. Fulfilling the Order 4.1 By placing an Order on the Internet, the Customer unconditionally accepts and agrees to comply with the General Terms and Conditions of Sale in his/her relations with the Seller. 4.2 Orders are processed by the Seller only after the payment has been received, more precisely the receipt of the total amount for what concerns the orders of Equipment Products (clothing, Helmets, Glasses, etc.) and the advance payment of the 50% (fiftypercent) for orders related to the purchase of bicycles. 4.3 Once the contract is concluded, the Seller will send the Customer an e-mail confirmation of the order and the receipt of payment / invoice; a summary of the information contained in the Order will always be available in the user area. 4.4 Before sending the Order Confirmation, the Seller reserves the right to contact the Customer by e-mail or telephone to request additional information about an Order sent via Internet. 4.5 The Seller may not process orders from customers who do not offer sufficient guarantees of solvency, which are incomplete or incorrect or in the case of the unavailability of products. In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and will not be fulfilled and will explain the reasons. 4.6 If the products displayed on the website are no longer available for sale after the Order has been placed, the Seller will notify the Customer promptly - in any case within five working days of the date on which the order was placed - of the unavailability of the ordered Products. 4.7 Each sale made by the Seller through the online sales service may involve one or more products, with no limit on quantity for each item. 4.8 Xence SA reserves the right to refuse to process orders from a Customer with whom there is an ongoing legal dispute regarding a previous order. This applies equally to all cases in which Xence SA deems a Customer ineligible, including, for example, in case of previous violations of the terms for online purchase contracts or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind. 5. Selling prices 5.1 All Product prices specified on the website include statutory VAT and are calculated in CHF (Swiss Francs). The prices are net of shipping costs. 5.2 The costs for the domestic shipping (Switzerland) relating to the bicycles are free of charge and are carried out by us directly with our staff (as specified in the paragraph 8.6). 5.3 The costs for the domestic shipment (Switzerland) relating to the Equipment Products (clothing, helmets, glasses, etc.), are indicated in point 8.6 and must be added to the prices indicated on our website. 5.4 All product prices shown on the website and intended for sale outside Switzerland (export) are VAT excluded and are calculated in EURO. The valid prices are always and solely the ones specified on the website at the time of submission of the Order via the Internet. Product prices and the shipping and handling costs may vary without notice. Make sure you check the final price before submitting an Order. 5.5 The Product prices and the shipping and handling costs specified on the website and in the Order, unless otherwise indicated, do not include any customs duties and related dues if the shipment takes place in countries outside the Switzerland or in countries where the legislation in force provides for import charges. 5.6 Customs duties, local taxes or other tax costs will be charged to the Customer and must be paid upon delivery directly to the carrier, in accordance with local regulations. In the event of non-payment, the customer assumes all and any liability. 6. Payment methods Unless expressly otherwise agreed by us, we will deliver the Products only upon receipt of payment. For the payment of the Products and the relative shipping and delivery costs, the Customer may follow one of the methods indicated in the Order procedure of the site www.swi-cycling.com and which are summarized below. 6.1 Advanced payment by credit cards and prepaid cards. 6.1.1 For online orders on our website we accept payments by credit card Visa, Mastercard, American Express, Postifinance (Switzerland only), prepaid cards and Paypal without any additional charges. It is understood that the Customer must be the holder of a credit card that is valid at the time of submission of the online order of Products, and that the name on the credit card must be the same as that provided in the billing information. If these conditions are not fulfilled the order cannot be processed. 6.1.2 When we receive the payment, we will send by e-mail to the Customer the payment receipt and the invoice, which also include our notice of acceptance. 6.2 Advance payment by bank transfer. 6.2.1 If the payment is made by bank transfer, the money must be transferred directly to our bank account. In this case it must be remembered that Xence SA must receive the total amount of the invoice and any bank fees that could be charged for transfers abroad, must be paid directly by the Customer. 6.3 At no time during the purchase process Xence SA is able to know Customer credit card information (e.g., credit card number or expiration date) transmitted via a connection secured by an encrypted protocol to the website of the entity that manages the electronic payment. The Seller will not retain such information on any electronic archive. 6.4 Therefore, the Seller may never be held responsible for any fraudulent use of credit cards and pre-paid cards by a third party. 7. Delivery of products 7.1 The shipping and delivery times shown in the Web Store are indicative. After examining the order, we will notify the Customer by e-mail of the date in which we expect to ship the Products and the date of scheduled delivery. 7.2 In agreement with the Client and for the moment only in Switzerland, we will deliver the bicycles directly to the customer's home. In this way, our SWI technician will be able to check and make the last calibrations on the bike setup before delivery. 7.3 The SWI carbon frames and bicycles are handcrafted with painstaking care in Switzerland, based on the measurements of each individual customer. Processing takes a long time. This is why bicycles can never be available for immediate delivery. The execution times are approximately sixty (60) working days. The delivery term starts from the day of receipt of the 50% advance payment by the Customer. 7.4 The sportswear items are produced sartorially in Italy. We do not always have items ready for shipment. In this case the delivery times can be around ten (10) working days. 7.5 In the event that one of our suppliers of raw materials, bicycle components or clothing products does not promptly supply us the products to realize the ordered products, despite our immediate request or, in the case of stock exhaustion, we reserve the right to extend the delivery terms up to a maximum of two more weeks. In this case, we will promptly inform the Customer and try to find an agreement with the Customer regarding the new delivery time. If the products were unavailable to our suppliers in the near future, each party has the right to withdraw from the sales contract, subject to the reimbursement of the price that the Customer has made to us in respect of the order and the rights it is entitled under Article 9 below. 7.6 In the event that we fail to keep a date of delivery, the Customer shall provide an appropriate grace period that may not be less than one week. 7.7 Upon receipt of the products, the Customer should check the integrity of the package at the time of delivery by the courier. In case of anomalies, the Customer should indicate them to the courier and make sure the Courier records them, and reject the delivery. Otherwise, the Customer's ability to enforce his/her rights in this matter will lapse. 7.8 If a withdrawal period for the products has been agreed with the Customer and the Customer does not comply with this deadline, we will grant the Customer an additional grace period of one week as a deadline for the subsequent withdrawal. In case of non-collection within the indicated terms, we reserve the right to terminate the contract due to non-fulfillment by the Customer. The Customer will be informed separately of this consequence in relation to our information regarding the grace period.. 8. Shipping 8.1 Each consignment contains: • The product(s) ordered. • The relevant transport document / invoice. • Any accompanying documentation required according to the Country of dispatch. • Any information and marketing material. • Warranty 8.2 Orders can only be shipped to the countries specified in the paragraph 8.6 8.3 The purchased products will be delivered by the courier selected by the Seller to the shipping address specified in the Order by the Customer by insured shipping. 8.4 The delivery date to the Customer will be communicated by e-mail after receipt of the respective confirmations by the courier. If an order is not received within the above time period, it shall not to be considered as a lost consignment until after 10 working days from the date of shipment. Shipping to foreign countries is affected by customs operations and therefore delivery times are a bit longer. 8.5 As a general rule, all the Products purchased by the same order will be delivered in a single consignment. 8.6 Shipping costs vary based on the country of destination according to the following: SWITZERLAND AND LIECHTENSTEIN Clothing / Accessories: Chf 10.25 Bicycles: Deliveries made through our vehicles. ZONE 2 - Austria, Belgium, Corsica, France, Germany, Great Britain, Greece, Ireland, Balearic Islands, Luxembourg, Holland, Portugal, Principality of Monaco, Spain Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 ZONE 3 - Bulgaria, Cyprus, Croatia, Malta, Poland, Czech Republic, Slovakia, Slovenia, Hungary. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 ZONE 4 - Denmark, Finland, Greece, Italy and Sweden. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 AREA 5 - Iceland and Norway. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 AREA 6 - Andorra, Armenia, Azerbaijan, Georgia, Gibraltar, Greenland, Canary Islands, Liechtenstein, Russia, San Marino. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 ZONE 7 - Alaska, Canada, Hawaii, United States of America Clothing / Accessories: Chf 12.00 Bicycles: Chf 42.25 AREA 8 - Saudi Arabia, Bahrain, Egypt, United Arab Emirates, Jordan, India, Israel, Kuwait, Lebanon, Oman. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 ZONE 9 - Argentina, Australia, Brazil, Brunei, China, Colombia, Hong Kong, Japan, Indonesia, Malaysia, Mexico, Singapore, New Zealand, Taiwan, Thailand, Tasmania. Clothing / Accessories: Chf 12.00 Bicycles: Chf 40.25 8.7 The destination country may subject to import taxes, customs duties and fees levy orders shipped outside of Switzerland. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. 8.8 Import duty or tax costs will be invoiced to the recipient directly from the courier. Customs policies vary widely from country to country; we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.Xence SA has no control over these charges, nor can Xence SA predict what they may be. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Note: Customs offices in some countries require the recipient to provide a particular form of identification before releasing a shipment, such as the Tax Identification Number or equivalent, according to local laws. Countries that require an identification number include: Russia, USA, Brazil, China, India, Israel, Qatar, Taiwan, and Turkey. 9. Right of withdrawal 9.1 Only if the Customer who enters into the contract is a Consumer (meaning any individual who is shopping on the website for purposes unrelated to any business or professional activities) will s/he be entitled to withdraw from the contract with the Seller, whether in all or in part, without incurring in any penalties and without being required to give any reason, within 14 (fourteen) working days of the date of receipt of the consignment. 9.2 To exercise their right of withdrawal, Customers shall follow the Online Return Procedure or make any other unequivocal statement setting out his decision to withdraw from the contract within 14 (fourteen) working days of the date of receipt of the consignment. To activate the Online Return Procedure, Customers must sign in using their username and password in the "Account" section of the website www.swi-cycling.com. Here, in the "My Orders" subsection, they will find a list of their orders and, through the "order detail "of each order, they will be able to activate the Online Return Procedure for the selected order. Through the Return Procedure, the Customer informs the Seller of his/her intention to withdraw from the contract whether in all or in part, specifying which products will be returned. 9.3 Upon execution of the Online Return Procedure, the Customer will receive all the information necessary for the return of the Products. 9.4 The right of withdrawal is subject to the following conditions: • The returned Products must be returned in their entirety; no parts or individual components will be accepted even in the case of kits. • The returned Products must not have been used or damaged. • The returned Products must be returned in their sealed original packaging. • The returned Products must be delivered to the courier within 14 (fourteen) working days from the date of receipt of the same. 9.5 In returning products, if the Customer wish to not pay the cost of returning the purchased products the Customer may use the Courier indicated by the Seller in the Online Return Procedure; this way, the cost of returning the purchased products will be paid directly by the Seller on behalf of the Customer. Furthermore, from the time the courier indicated by the Seller in the Online Return Procedure takes possession of the Products, the Seller shall hold the Customer harmless for any loss or damage to the products during transport. 9.6 When the right of withdrawal has been exercised, the Seller will refund the amount paid by the Customer within 30 days as of the date of receipt of the Products as set out above, by crediting the amount to be refunded with the same method of payment selected by the Customer at time of the order. 9.7 If the right of withdrawal has been exercised without complying with the provisions contained in Article 9, the Seller will return the purchased Products to the Customer, charging him with the additional shipping costs. 9.8 The Right of Withdrawal cannot be applied in the case of products customized at the express request of the Customer at the time of Ordering. 10. Warranty for non-compliant products 10.1 SWI is responsible for any manufacturing defect regarding the products offered on its online shop at: www.swi-cycling.com 10.2 The frames and forks of SWI are life time guaranteed for all manufacturing defects. In the event that a defect due to our negligence in the processing phase or a break due to us for any reason, the frame will be immediately repaired or replaced with an equal and new one at our expense. 10.3 The components mounted on our frames, (gearbox group, accessories, wheels etc.) since they are declared free of defects by the manufacturers, are guaranteed for 2 years if used correctly and under normal conditions. The warranty does not cover the bearings, and the defects in painting / anodizing of the components. 10.4 SWI clothing products are handmade in Italy by highly qualified artisans. We use materials and components of the highest quality and innovative manufacturing processes. Each garment is carefully checked to avoid imperfections. But sometimes it can happen that errors occur. For this we guarantee all our clothing products for twelve (12) months, for defects in workmanship and materials. Damages deriving from inadequate washing, use and storage are excluded from the guarantee. 10.5 If the Client has entered into the contract as a Consumer (meaning with this definition any natural person who acts on the site for purposes unrelated to any business or professional activity), this warranty is valid if the following condition are respected: a) no time limit for frame and fork defects; b) within 24 months from the delivery date for defects to the components such as gearbox / brakes, handlebar, saddle and seatpost, wheels; c) within 12 months from the delivery date for defects in clothing; d) the Customer present, within fifteen (15) days from the date on which the defect was noticed, a formal complaint regarding the defects by registered letter in writing to the following address: Xence SA Customer Care Office Via Soldini 29 6830 - Chiasso (Switzerland) 10.6 In particular, in the event of non-compliance, the Customer who has entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products without expenses, by repair or replacement in relation to the disputed goods. 10.7 All the costs due to return of defective products, will be paid by the Seller. 10.8 After the expiration of the warranty, in case of damage (even on the frame and fork following an accident) or ascertained defects on the bicycle components, Xence S.A. gives you the possibility to replace them with new and identical ones at a reduced price of 30 % compared to the list price. 11. Contact information For further information, the Customer can contact the Seller at the following email address: customercare@swi-cycling.com or at the following address: Xence SA Customer Care Via Soldini 29 6830 - Chiasso (Switzerland) 12. Communication with the Customer The Customer acknowledges, accepts and agrees that all communication, notifications, certificates, information, financial reports and any other documentation regarding the operations performed for the purchase of Products will be sent to the email address indicated at the time of registration, with the possibility of downloading the information to a durable medium in the manner and within the limits provided for on the Website. 13. Privacy The Customer may obtain information on how Xence SA handles their personal data by viewing our Privacy Policy. 14. Applicable law, dispute settlement and competent jurisdiction These General Terms and Conditions of Sale are governed by Swiss law and shall be interpreted according to it, without prejudice to any other overriding mandatory rule of the country of habitual residence of the Customer. Therefore, the interpretation, execution and termination of the General Terms and Conditions of Sale are solely governed by the Swiss law and any disputes related and/or arising out of the same shall be settled exclusively by the Swiss judicial authority; the Law Court of the place of the registered office of the Seller, Xence SA, has sole jurisdiction in any dispute relating to this contract. The General Terms and Conditions of Sale and the Order Form have been drawn up in multiple languages. In case of inconsistencies or different interpretations, the English version shall prevail. 15. Change and update The Seller may make changes or amendments to these General Terms and Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Terms and Conditions of Sale in force at the time of purchase. The new General Terms and Conditions of Sale shall be effective from the date of publication on the website www.swi-cycling.com, and they are relevant to purchase orders submitted after that date.
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