Terms and conditions
1 Ownership of the Site and identity of the Producer
The website www.lashelmets.com is owned by Briko s.p.a. with registered office in Milan, Via GB Grassi 15, 20157 (P.I.01691830036 - R.E.A. 01691830036 - Cap. Soc. 5.400.000,00 i.v.), for online shopping.
2 Discipline of the on –line shopping
The Sale Conditions, together with the conditions of delivery and payment of Products referred to in this website are an part of the sales contract concluded between the user of the Site (hereinafter the Customer) and Briko spa (hereinafter Briko). Briko therefore invites the Customer to read carefully these terms and conditions, to print them and to keep a copy.
3 Applicable law
The sale of products made through electronic means is regulated by Legislative Decree 6 September 2005. n.206 (hereinafter also referred to the Consumer Code or CDC) in the part concerning remote retail sales and Legislative Decree No 9 April 2003. n.70 on electronic commerce.
4 Conclusion of Contract
4.1. Presentation to the Customer The displaying of the Products on the Site constitute an invitation to the Customer to formulate an offer. The order of the Customer in connection with the Products on the Site, has the value of the contract offer to Briko and can be made by filling out the online form. With the order the Customer assumes full knowledge and full acceptance of the purchase process, general sales conditions, terms of payment and delivery as presented on the Site.
4.2. Offer from the Customer The correct receipt of the Customer’s offer is confirmed by Briko by a response sent to the email address supplied by the Customer. The response of Briko, automatically generated is not valid asacceptance of the offer, but only as confirmation of receipt. This message will summarize the products purchased by the Customer and their prices. The Customer undertakes to verify the accuracy of the data included in the communication to Briko and to communicate, without delay, any inaccuracies.
4.3. Conclusion of contract The sale contract is concluded at the moment when Briko, once checked the availability of the product requested by the Customer, will announce that the proposal from the Customer is accepted by sending an email to the address provided by the Customer. If Briko will not be able to accept all or part of the Customer's proposal will comunicate it to the Customer
4.4. Mistakes in publication If Briko, after sending the confirmation reply and before the conclusion of the contract, will find any mistake on price and / or features regarding the Products covered by the Proposal of the Customer, Briko will promptly give express notice thereof to the Customer inviting him, if still interested, to submit a new proposal.
5 Customer' obligations
Products purchasingis is exclusively reserved for people of age 18. Briko reject any liability in case a customer will infringe this rule. Products purcasing requires the comunication by the Customer of the Data necessary for carrying out the Products delivery activities. To this end, the Customer agrees to communicate accurate Data, current and truthful information regarding delivery address, personal delivery and, in general, all information useful for the correct dispatch of the order. The Customer agrees to pay the full price of the goods purchased.
6 Consideration of the goods purchased and payment methods
Products on the Site may be different in nature, price and assortment than those offered in Briko stores. All prices are expressed in Euro and include VAT. In any case there will be an additionale cost for delivery that will be communicated to the Customer before the sending his proposal. The Customer may provide for the payment of the amounts due:
7 Shipping and Delivery
Briko will delivery the Products exclusively in the areas specified on the Site www.lashelmets.com Briko S.p.A. will delivery the Products by couriers and / or specialized freight services with advanced charge of cost on the credit card of the Customer. Products delivery time shall not exceed 30 days from the date of confirmation of the order by Briko, Article 6 of Legislative Decree 185 of 1999. In case of absence of the Customer or of the person authorized to accept delivery of the Products, the courier will contact the Customer by phone at the number left on the website to arrange a new delivery.
Pursuant to art. 52 Legislative Decree no. 6 September 2005. 206 Customer will be entitled to terminate the contract pursuant to Art. 52 of the Consumer Code without any penalty and without giving any reason within 14 days from the date of receipt of the Products. The right to withdrawal can be exercised only by a consumer, a persons acting for purposes unrelated to his business, professional, commercial or artisanal activity.
In order to excersise the withdrawal Customer must send within fourteen days from the date of delivery of the Products, at Briko spa B via G. Grassi 15, 20157 Milan, a registered letter with return receipt requested containing a communication in which must be specified clearly the intention to withdraw from the purchase of products, identify the Products with precsion and attach a copy of the invoice,proof of purchasing and item code. Alternatively, the Customer can, always within the same period of 14 days from the date of delivery of the Products, can print the attached form and send it by registered mail with return receipt requested to the following address Briko spa B via G. Grassi 15, 20157 Milan In order to excersise the withdrawal, the Customer must return the Products at Briko spa B via G. Grassi 15, 20157 Milan, within 14 days from the date on which Briko is informed of the decision of the Customer to terminate the contract. Products must be returned in the same condition in which they were received, ie in perfect condition, complete with all parts, with the original packaging and any manuals attached.
The Customer is responsible for the diminished value of the property resulting from the handling of goods different from those needed to determine the nature of the features Failure to follow the prescribed instruction will entitle Briko to reject the Goods returned by the Customer. Transport's risks for the return of the Products are on the Customer. In the event of valid exercise of the right of withdrawal, Briko will refund the purchase price and the cost of delivery to the Customer's address, except for the additional costs resulting from Customer's eventual choice of a delivery other than the one offered by Briko. Refund wull be made as soon as possible, and in any case within 14 days of the date on which Briko has been informed of the withdraw.
Briko will refund the Customer using the same method of payment used by the Customer for the payment, in each case, the Customer will not incur any fees as a result of such refund. Therefore remain excluded from the right to withdraw the costs of returning the goods, which are borne by the Customer pursuant to Legislative Decree no. N. 206/2005. If the returned Product, at the time of return, will display defects, even minor Briko reserves the right to reduce the value of the refund to compensate the damage.
9 Legal Warranty
Pursuant to Legislative Decree 206/2005 ("Consumer Code") all the products for sale on the site www.lashelmets.com are covered by a legal warranty of 24 months. According to the legal warranty Briko is liable to the consumer for any lack of conformity that is not evident at the time of purchase. The lack of conformity exists when the product is not intended to serve as should ordinarily does not conform to the description or does not possess the qualities promised by the seller, does not have the quality and performance which are normal in goods of the same type, is not suitable for the particular use intended by the consumer if this particular use has been comunicated to the seller at the time of purchase (art. 129 of the Consumer Code).
The lack of conformity which becomes apparent within 24 months from the date of purchase must be reported to Briko within 2 months following the date of discovery of the defect. Unless proven otherwise, it is assumed that the lack of conformity occurring within 6 months after delivery of the product already existed on that date. Therefore, in the first 6 months of delivery of the Product is not necessary for the consumer to provide proof of lack of conformity. After the first 6 months, then from the 7th to the 24th month after delivery of the product, the consumer must instead prove that the lack of conformity existed at the time of delivery.
In case of lack of conformity, the consumer has the right to have restored, without charge, the conformity by repair or replacement of the Product (art. 130 of the Consumer Code). The consumer may, at its option, to the seller to repair or replace the product at no charge in either case, unless the remedy requested is impossible or disproportionate to the other. Any repair or replacement shall be completed within a reasonable time after the request by the consumer.
Timing and mode of operation of the legal guarantee
The Customer shall:
send a written notice to Briko s.p.a., indicating the defect in the Product section, to the mail address email@example.com, and wait for an email from Briko on the activation of the file. Briko, will contact the Customer to arrange the delivery of the Product (the unavailability of telephone Customer will delay the fulfillment of the file).
Any complaint about goods purchased via the website will be notified via e-mail to firstname.lastname@example.org.
11 Force Majeure
Briko will not be responsible for the delay in the contract governed by these general conditions of sale if the delay is caused by circumstances beyond its reasonable control. The delay in part due to force majeure will be entitled to an extension of time necessary to fulfill such obligations.
12 Intellectual Property Rights
All the trademarks, other marks, and other intellectual on the Site belong to Briko SPA. And it is forbidden the use of the trademarks, mark, other distinguishing marks, as well as other industrial property rights of third parties and of Briko, including reproduction on other websites by unauthorized subjects. The contents such as, for example, information, text, graphics and images, which are on the Site are protected by copyright.
14 Applicable Law
The sale contract between Briko and the Customer shall be governed by and construed in accordance with Italian law.
15 Alternative Dispute Resolution
Pursuant to art. 66c of the Consumer Code, Briko inform the Customer that the resolution of all civil disputes concerning or arising out of this contract of sale or at distance, or concerning its conclusion or execution can be settled by mediation procedures, Legislative Decree no. 4.3.2010 n. 28.. Without prejudice to the possibility of using the procedures of voluntary negotiation art.2, paragraph 2 of the contract of sale between Briko and the Customer shall be governed by and construed in accordance with Italian law for the solution of civil disputes arising from the conclusion of contract D. Leg. 4.3.2010 n. 28.
14 Exclusive Jurisdiction
If the Customer is a consumer, the mandatory jurisdiction for all civil disputes relating to or arising out of this contract of sale or at a distance, or concerning fits conclusion or execution will be the court of the place of residence or domicile of the consumer, if located in Italy; in all other cases, the territorial competence is exclusively the Court of Milan.