TERMS AND CONDITIONS
The BMC Group websites (www.BMC-Switzerland.com, www.SCOR-mtb.com, www.ADICTA-LAB.com), hereinafter referred to as “Online Shop”, are operated by BMC Switzerland AG (“BMC”/“we”), Sportstrasse 49, 2540 Grenchen, Switzerland (CHE-113.072.038 UID, CHE-116.335.866 VAT).
Please find below the Italian General Terms and Conditions (“GTCs”) governing the conclusion of contracts of sale and purchase in the online shop between the Consumer, as defined hereinafter, and BMC, to be read carefully before ordering.
Each Consumer, as defined below, by placing an order, voluntarily accepts these GTC and declares to be aware of them.
1. Scope, definitions
The version of the present GTCs as in effect at the time of the order shall apply to each order placed in Italy by the customer identified as consumer (“you”, “Customer”, “Consumer”) via our Online shop, to the exclusion of any deviating terms and conditions of the Customer, even if BMC does not expressly object to them. Please note that the terms “consumer” or “customer” and “professional” used under these GTCs are to be understood as respectively defined under Article 3, paragraph 1, letters (a) and (c) of Legislative Decree no. 206 of 2005 (the “Italian Consumer Code”), which regulates and governs these GTCs. For more information, please visit our FAQ page or contact us if you should have any questions.
BMC reserves the right to amend these GTCs in the event of a change in circumstances such as to affect the balance of the contractual relationship, or for the purpose of adjustment to intervening regulatory changes or for product-related technical reasons. In the event of an amendment, BMC undertakes to notify the Consumer the changes proposal(s) within a reasonable period of time.
2. Terms and conditions governing the conclusion of a contract with BMC Switzerland
The Customer, according to Article 3, paragraph 1, letter (a) of the Italian Consumer Code, is only deemed a Consumer if he/she is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried on and, therefore, if the purpose of the goods and services ordered according to the present GTCs is not primarily attributable to its business / professional self-employment. As a Customer, you may only order products or services via our Online Shop if you are 18 or over and are buying products as a Consumer, i.e. not for your business, trade or profession. You are responsible for the accuracy and completeness of the information provided during registration and the order process.
3. Formation and completion of contract. Notices.
In order to purchase our products on the Italian territory, you may place the selected products into the shopping cart of our Online Shop at any time while visiting our website, with no obligation to purchase and providing all the necessary information that will be requested progressively from the site.
The presentation of BMC products in the Online Shop in no way constitutes a binding offer and should be understood as a mere invitation to bid.
By sending an order to us via our Online Shop (i.e. by clicking on the “Send” button) through the process described in the Paragraph 6 “Order Progress and payments” below, you are submitting an irrevocable binding offer to purchase the goods or services in question, which will trigger a payment obligation on your part.
Before proceeding with the submission and completion of the purchase order, products can be removed by the Consumer from the shopping cart at any time.
Before sending us an order, the Customer may change and view the data at any time. However, the Customer is only able to submit and transmit an order if the Customer, by clicking on the “Accept GTCs” button, has accepted these GTCs, thereby incorporating them in his request.
After sending the order, according to Article 51, paragraph 7, of the Italian Consumer Code, you will receive confirmation of receipt by e-mail within a reasonable time. That confirmation does not yet constitute acceptance of the order. The contract of sale is only deemed to have been concluded when BMC subsequently sends you a separate e-mail with confirmation that we have accepted the order or, at the latest, when the product is dispatched. In that e-mail or a separate e-mail, but upon delivery of the goods at the latest, we will send the text of the contract (consisting of the order with the full description of the bought products, GTCs and an order confirmation) to the Customer on a durable data carrier (e-mail or hard copy) (confirmation of contract). The text of the contract will be stored in a manner which safeguards data protection according to the UE Regulation no. 2016/679.
All orders from Customers are deemed first submitted to BMC for its approval and BMC shall have the right to reject or accept any order at any time without any need to give reasons.
For technical reasons, only the payment methods listed during the check-out process will be accepted. BMC reserves the right to make certain payment methods temporarily unavailable in order to reduce the risk of non-payment.
Our contract with the Customer is formed in Italian and all the relevant information will be granted at least in Italian. Any communication intended for the Consumer, including the order confirmation e-mail, will be made in Italian and in electronic form, by e-mail and/or through appropriate channels.
4. Product information, prices and availability. Shipping costs
BMC constantly endeavors to ensure the accuracy of the information available in the Online Shop. Nevertheless, we cannot guarantee that the content, prices and information available in the Online Shop (particularly in relation to product images, descriptions, videos, prices and availability) will be free of error.
All prices are to be understood gross and inclusive of VAT and all additional taxes. In particular, product prices are stated in local currency and VAT is due according to Italian laws. The Customer is deemed to pay the price indicated in the Online Shop plus the relevant shipping charges, which will be specified and displayed by the consumer during the order process.
Product availability is intended to reflect the actual stock of BMC available for sale at a given point in time.
BMC shall endeavor to provide information that is as accurate as possible with several daily updates, but actual availability may differ. BMC reserves the right to change the product specifications shown in the Online Shop for any reason and at any time, without prejudice to orders already placed and confirmed. The design and colors displayed in the Online Shop depend to a large extent on your personal device and settings (particularly your display calibrations).
If, at the time of the Customer’s order, there are no stocks available of the Product selected by the Customer, the Seller shall promptly inform the Customer to this effect in the order confirmation. If the product is permanently unavailable, the Seller will decline acceptance of the order. In such case, no contract is deemed to have been formed.
If the product specified by the Customer in his/her order is only temporarily unavailable, the Seller will likewise promptly notify the Customer to this effect in the order confirmation.
5. Liability and warranty
BMC shall be liable for material defects in accordance with applicable law and with the Italian Consumer Code.
BMC hereby disclaims liability for any claims for damages on the part of the Customer. The foregoing does not include claims for damages of the Customer arising from injury to life, limb or health or for breach of material contract obligations (cardinal obligations) nor does it include liability for other damages based on a willful or grossly negligent breach by BMC, its legal representatives or vicarious agents. Material contract obligations are those which constitute a sine qua non to achieving the purpose of the contract.
In the event of a breach of material contract obligations, BMC shall only be liable for such losses as are typical for the contract and foreseeable if such losses were caused by simple negligence.
The limitations set forth in subparas. 2 and 3 shall also apply in favor of the Seller's legal representatives and vicarious agents if claims are asserted directly against them.
The limitations of liability resulting from subparas. 2 and 3paragraphs 5.2 and 5.3 shall not apply to the extent that BMC has fraudulently concealed the defect or provided a guarantee of quality for the item. The same shall apply to the extent that BMC and the Customer have concluded an agreement guaranteeing the quality for the item. Notwithstanding the mandatory provisions of the Italian Consumer Code, the provisions of the Swiss Product Liability Act shall remain unaffected hereby.
6. Order process and payments
In order to access certain features, it may be necessary for you to create a personal account. You are responsible for the content and information stored in your account. You are also responsible for the confidentiality of your login data.
Upon creation of the account, the Consumer will receive an e-mail confirmation and will be able to access the Online Shop using a username and password. The Consumer is responsible for the preservation and secrecy of his credentials and agrees not to disclose them. In case of forgetting, theft or loss of access data, as well as in case of misuse of the account, the Consumer will be required to inform BMC.
BMC reserves the right to close or disable your account at any time and without prior notice if there is a suspected breach of these GTCs or in the event of unauthorized use by third parties. If the account is temporarily suspended or cancelled, the mutual rights and obligations that have arisen up to that time remain unaffected.
Any Consumer who wishes to place an order is required to create a personal account in our Online Shop.
For a Customer to be able to order a product, it must be available in the selected color and size, and the Customer must place it in the shopping cart and pay for it.
Payment must be made at the same time as sending the order, following the instruction and in the manner indicated on the site. BMC accepts payment by credit card as well as by bank transfer. Please note that if payment is made by bank transfer, the product will remain reserved for your order for a period of 5 working days. If there is no payment confirmation and/or the total amount of the order is not received in our account within those 5 business days, BMC will cancel your order and your sales contract will become invalid.
When payment has been confirmed, an automatic e-mail confirmation will be sent to the e-mail address registered under the Consumer’s personal account. Once confirmed, the order will be processed by our logistics handler and sent for delivery to the delivery address you selected during the order process.
If the order includes a bicycle your entire order will be forwarded to the selected BMC dealer for assembly and preparation. In such case, the dealer will contact the Customer directly to arrange for collection and complete delivery of the order.
In most cases, the lead time from acceptance of the order to collection should not exceed 5 working days. Please note that there are several factors which may affect the delivery time independent of the processes at BMC.
Our delivery service may depend on the products included in your order and will take place within the delivery terms and dates specified in the product description. For this reason, every order which includes a bicycle will be sent to a BMC dealer to ensure final preparation and safe delivery. Dealers are selected during the check-out process. The Customer may select the BMC dealer of his/her choice.
Orders containing products other than bicycles may be delivered to the address selected by the Consumer and will be delivered within the delivery terms and dates specified in the product description as well. Delivery of the order is completed when we deliver the products to the address indicated by the Consumer. Responsibility and risk for the products shall then pass from the time they are delivered to and deposited at the Consumer’s designated address.
If delivery cannot be made for any reason for which the Consumer is responsible and he/she does not arrange for delivery or collection of the order, the storage costs and all other delivery costs may be charged to the Consumer. If, despite our reasonable efforts, we are unable to contact the Consumer or arrange for delivery or collection of the order, we may terminate the sales contract. In such circumstances, any money paid in advance for the undelivered products will be refunded to the Consumer, but we may deduct or charge reasonable compensation for the costs incurred (including delivery charges) as a result of the Consumer’s breach.
Governmental actions, riots, strikes, lockouts, fire, machine malfunctions, operational malfunctions, raw material shortages, official interventions, energy shortages, transport impediments and other reasons beyond our control that delay normal production or shipment shall be deemed “force majeure” and shall entitle BMC to defer the delivery date accordingly. BMC shall promptly inform the Customer of such circumstances when BMC becomes aware of them. If a delay in the provision of the goods and services is unreasonable to a Party due to the above-referenced events, that Party shall be entitled to resile from the contract.
BMC reserves the right to resile from its obligation to perform the contract if the goods are to be delivered by a sub-supplier and the delivery to BMC is not carried out in whole or in part. This reservation regarding correct and punctual supply to BMC shall only apply if BMC is not responsible for the failure in supply, in particular if BMC has concluded a congruent cover transaction with the sub-supplier in a timely manner in order to fulfil its contract obligations. If the goods are not delivered and BMC resiles from the contract on the basis of this provision, BMC shall promptly inform the Buyer of this fact. Any purchase price already paid shall then be promptly refunded.
A return period of 14 days starting from the moment in which the Consumer receives the products is granted for every purchase through our Online Shop, unless, as provided under Article 59 of the Italian Consumer Code, the bought products were specially customized for the Consumer. Products must be returned in their original packaging, without traces of wear and in fully functional condition. BMC reserves the right to refuse to accept the return of products that are damaged, used or unsuitable for resale.
In the case of orders collected from a BMC dealer, the products may be returned directly to that BMC dealer. The inspection of the bicycle and the return will be handled by the BMC dealer.
The refund by BMC to the Consumer will be made upon receipt and verification of the product on our logistics platform (see address below).
Pursuant to Article 56 of the Italian Consumer Code, all the ordinary costs of the return shall be borne by BMC. BMC shall refund the full value of the returned products, including the initial shipping costs in the event that the order is returned in full. BMC will not be entitled to refund additional costs if the Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by BMC. The amount will be refunded using the original payment method. Returns must be sent to the following address:
BMC Switzerland – Agility
7 rue Pierre Clostermann
FR 68730 Blotzheim
Advice on rights of withdrawal pursuant to Italian Consumer Code
According to Article 52 of the Italian Consumer Code, as a consumer you have a statutory right of withdrawal from the contract when concluding a distance sale transaction, of which the Seller must inform Consumers in accordance with the statutory model below. Paragraph 3 contains a model cancellation form.
Advice on rights of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without the need to state reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than a carrier, took possession of the goods. In order to exercise your right of revocation, you must inform us to the following address:
BMC Switzerland AG
Telephone number: +41 32 654 14 54
E-mail address: email@example.com
by means of a written clear declaration (e.g. a letter sent by post, fax or email) informing us of your express decision to revoke this contract. You may use the attached model revocation form, but it is not required. In order to comply with the revocation period, it is sufficient for you to send the notice of your exercise of the right of revocation prior to expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we shall promptly (but no later than within fourteen days of the date on which we receive the notice of your revocation of this contract) refund all payments received from you, including delivery charges (except for the additional charges resulting from your choice of a type of delivery which departs from the low-cost standard delivery offered by us), according to the following.
We shall process the refund using the same payment method which you used for the original transaction, unless expressly agreed otherwise with you; You shall not under any circumstances be charged any fees for this refund.
We may refuse to make the refund until we have received back the goods or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us or hand them over to the dealer promptly and in any event no later than fourteen days from the date on which you notify us of your cancellation of this contract. The deadline shall be deemed to have been complied with if you send back or deliver the goods prior to expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods which we will entirely refund except for additional costs you have expressly chosen a type of delivery other than the least expensive type of delivery offered by BMC, pursuant to Article 56, paragraph no.2, of the Italian Consumer Code.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary to verify the nature, characteristics and functionality of the goods.
If you decide to exercise your right of withdrawal, you shall fill the sample revocation form indicated below in and send it signed to the address given in the paragraph 9.2.
Sample revocation form
(If you wish to revoke the contract, please complete this form and return it.)
BMC Switzerland AG
Telephone number: +41 32 654 14 54
E-mail address: firstname.lastname@example.org
I/we (*) hereby expressly withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) /received on (*)
Name of Consumer(s)
Address of Consumer(s)
Signature (s) of Consumer (s) (only where notification is provided in paper form)
(*) Please delete whatever does not apply
BMC shall be liable for material defects in accordance with the applicable statutory rules, subject to the following changes. The following warranty conditions specify the warranty services provided by BMC to the buyer and the requirements for making warranty claims.
The term 'buyer' in this text refers to you, the end customer.
a. THE PRODUCTS ARE COVERED BY THE WARRANTY
The warranty only covers BMC-made frames, rigid forks and components (hereinafter BMC products). The warranty only covers new BMC products that were purchased from a BMC retailer. All other parts and components are excluded from this warranty.
b. WARRANTY PERIOD
- Frame: 3 years
- Paint: 2 years (1 year for models before 2014)
- Other BMC products: 2 years
Buyers of a bicycle from Model Year 2011 onwards have the option of registering their frames within 30 days after purchase with a BMC retailer on the BMC website, which will extend the warranty period for the frame from 3 to 5 years. The warranty period is not extended after repair/exchange of the frame.
c. WARRANTY EXCLUSION
The following components/parts and situations are excluded from this warranty or lead to exclusion from this warranty:
− Technical changes made to the bicycle without the approval of the manufacturer
− Later alteration/additions involving incompatible or non-original parts
− Wearing parts such as ball bearings, sliding bearings, bearing bolts, bearing screws, etc.
− Non-BMC parts/components
− Consequential damage
− Repair of the problem by the BMC retailer is possible
− Inappropriate use/transport
− Missing warranty inspection within appropriate period
− Inappropriate maintenance (Take note of the operating instructions!)
− Damage due to missing or faulty adjustment or wrong components
− Consequences of a fall
− Damage due to weather effects or normal wear
− Damage due to unsuitable cleaning agents or additives, or tools such as high-pressure cleaners.
− Commercial lending/hiring
d. SCOPE OF THE WARRANTY SERVICE
BMC agrees within these warranty conditions to provide the following services within the respective warranty periods:
- Repair or replacement with equivalent parts/components at the discretion of BMC, provided that the model and/or color of the replacement may deviate from that of the replaced part;
- Services that are not covered by the warranty and that are within the area of competence of the retailer as well as the cleaning of bicycles delivered in a dirty state are charged according to the usual hourly rates, material and transport costs;
- A service provided under warranty (repair/replacement) does not extend the original warranty period.
No warranty claims exist in addition to those mentioned above.
e. SUBMITTING WARRANTY CLAIMS
Warranty claims are to be submitted to your BMC retailer in the form of a completed warranty application form, the copy of a warranty card or a purchasing receipt from your BMC retailer.
Your BMC retailer will report your warranty claim, incl. pictures of the defective parts and the frame number, to BMC who will decide on further procedures immediately after receipt of the warranty request. Parts that require inspection will be detached, cleaned and forwarded to BMC as required.
The BMC retailer will be provided with the products that have been repaired or replaced under warranty. The assembly and basic adjustment must be performed by the BMC retailer. All warranty claims can be rejected when this requirement is not met.
f. CRASH REPLACEMENT
The option of a once-off crash replacement service is provided for certain models after warranty registration on the BMC website. Please consult the page 'Crash replacement' for details of the terms and conditions and a list of the models covered.
RELATED WARRANTY INFORMATION
For bicycles as of model year 2011, BMC shall offer the initial purchaser an optional warranty period extended to 5 years (instead of 3 years) on breakage of BMC frames due to material or processing defects.
The crash replacement is an optional service from BMC Switzerland AG, as a result of which you shall have the one-time opportunity to have your BMC frame replaced with a discount on the respective valid, official list price.
10. Governing law and jurisdiction and venue
Jurisdiction and venue shall lie with the courts at the headquarters of BMC, and without prejudice to the mandatory territorial jurisdiction of the court of the place of residence or domicile of the Consumer, if located in the Italian territory, pursuant to article 66-bis of the Italian Consumer Code. Exclusive jurisdiction over all disputes arising from or in connection with the above-referenced purchase contracts shall be vested in the courts of the district of Solothurn. By placing an order, you are deemed to confirm that you are subject to the jurisdiction clause.
Any contract for the purchase of products through BMC’s Online Shop and any dispute or claim arising therefrom or in connection therewith shall be governed exclusively by the substantive law of Switzerland, excluding the conflict of laws rules of private international law (with the exception of Art. 116 IPLA, which permits an express choice of law of this kind) and the United Nations Convention on the International Sale of Goods (CISG). The provisions of the law limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer, as a Consumer, is habitually resident, remain unaffected.
In addition, in accordance with EU Regulation No. 524/2013, the Customer has the right to solicit out-of-court settlement of online consumer disputes through the website http://ec.europa.eu/consumers/odr/.
Should one or more provisions of these GTCs be or become invalid or unenforceable in whole or in part (e.g. because of a violation of local, mandatory law), the validity of the remaining provisions hereof shall not be affected. In lieu of the invalid or missing provision, such valid provision shall be deemed to have been agreed as comes the closest in economic respects to the provision intended by the Parties. The same shall apply in the event of any gaps in these GTCs.
The contract shall remain binding in all other respects even in the event of the legal invalidity of individual clauses. The invalid clauses shall be replaced by the statutory provisions, if any. However, to the extent that this would constitute an unreasonable hardship for a Party, the contract as a whole shall become invalid.