These terms and conditions relate to bicycles, components, accessories and other items supplied by us (Daniele Toesca) to you (the Client). By using the site danieletoesca.it you agree to be bound by these terms and conditions.
2. PRICING AND PAYMENT
All danieletoesca.it prices are in euros unless expressly stated otherwise. Prices shown on the web include value added tax. Prices do not include shipping, import and export duties, or any fees or taxes other than VAT. When a Client orders or pre-orders a bicycle, Daniele Toesca will send the Client a pro-forma invoice with the final price, including the cost of selected accessories and the shipping costs. Payment must be made in advance, by bank transfer to our account, within the timeframe specified in the pro-forma invoice.
3. DELIVERY PERIOD AND SHIPMENT
The delivery period will be specified in the pro-forma invoice, prior to payment by the Client.
Whilst toewca.xyz will make every effort to deliver all your goods within the agreed time period, Daniele Toesca will not be liable if we fail to do so in part or in full due to circumstances beyond Daniele Toesca control. Delivery will be made to the address specified by the Client in the completed order form.
The Client must carefully inspect the products immediately upon receiving them, and must inform Daniele Toesca in writing of any complaints regarding defects to the products or any discrepancy between the items supplied and the items listed in the pro-forma invoice, no more than 5 days after the receipt of the products, if accompanied by original receipt and in original condition and in original packaging.
Claims for defective or damaged items must be filed within 14 days of delivery. Please inspect your items immediately upon delivery. Claims received after 14 days of delivery will not and cannot be processed.
Returns received and not pre-authorized will be subject to 20% restocking fee. Actual cost of shipping item to you will not be credited or refunded. Store credit is valid for one year from date of issue. Thereafter, unused credit is forfeited.
Once Daniele Toesca have notified the Client of receipt of correspondence, the Client should then return the relevant item in adequate packaging to Daniele Toesca business address, if accompanied by original receipt and in original condition and in original packaging. The Client is responsible for the cost of returning any item to Daniele Toesca unless the item is defective or Daniele Toesca have delivered the item to the Client in error or as a substitute. The item should be returned to Daniele Toesca in its original condition. If Daniele Toesca do not receive the item from the Client, Daniele Toesca may arrange for collection of the item from the Client at the Client’s cost.
5. ORDER CANCELLATION
Orders cancelled after 24 hours may be subject to a minimum 25% or maximum 50% cancellation and restocking fee in addition to any shipping charges incurred.
6. USER WARRANTY
In placing an order, you warrant that you are over 18 years of age, and that you are providing accurate, true, and complete information, and that you have the authority to place the order.
7. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of this site is at your sole risk and that this site is provided on an "as is" and "as available" basis. Daniele Toesca makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site.
You agree to indemnify and hold harmless Daniele Toesca and its officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys' fees, made or incurred by any third party arising out of or related to your use of this site.
We reserve the right to terminate your account and restrict your use of this site if we have reason to believe you have violated any of these terms and conditions, including providing us with false information.
For all products delivered to the client which were obtained by Daniele Toesca from a third party supplier, Daniele Toesca shall at no time be obliged to honour a warranty in respect of the Client which is further-reaching than that which Daniele Toesca can claim from the third party supplier.
If any product supplied by Daniele Toesca to the Client is defective, Daniele Toesca may choose at their discretion between:
• sending a replacement item upon the return of the original item;
• repairing the affected items;
• granting the client a discount on the purchase price (to be agreed by mutual consent).
The above warranty, or any implied warranty, does not cover: damage caused by the incorrect use of the product; componants which have been modified by a third party (unless specifically authorised by Daniele Toesca); damage caused by failure to follow the instructions for use; normal maintenance tasks; normal wear and tear.
The entire liability of Daniele Toesca under or in connection with these terms and conditions shall not exceed the price of the items supplied.
Whilst every effort has been made to ensure that all graphical representations and descriptions of products available from Daniele Toesca are correct, Daniele Toesca is not responsible for any variations from these descriptions.
Except as is provided by this warranty, Daniele Toesca and its employees and agents shall not be liable for any loss or damage whatsoever, whether for personal injury, property damage or economic losses (including incidental and consequential loss or damage caused by negligence or default) arising from or concerning any Daniele Toesca products, or its use or resale by the Client.
12. APPLICABLE LAW
Daniele Toesca will try to solve disagreements quickly and efficiently, because we want satisfied clients. In the unlikely event that a Client wishes to take legal action, the Client must do so under Spanish law and using the Spanish court system. Any disputes arising from the Agreement or these Terms shall be brought excusively before the competent court in Sanremo.