TERMS AND CONDITIONS

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The following "conditions of sale"  have as their object the distance sale of products that are partly artisanal in nature and comply with the provisions on the sale of consumer goods pursuant to Legislative Decree n. 206/2005 and the European directives 2019/771 and 2019/71 transposed in Italy with D.L. n. 170 and 171 of 2021 in terms of legal guarantee. These conditions of sale and the "Use and maintenance manual" are an integral part of the purchase contract. These documents are published on the website www.hycon.bike and shall be deemed approved with the purchase made through the shop online.

For anything not expressly provided for or governed by this Agreement, please refer to the provisions on the sale of consumer goods, referred to in D.Lgs. n. 206/2005, as well as the rules of the Civil Code.

 

Hycon S.r.l. processes all orders on the basis of the following terms and conditions of sale. Conditions proposed by the customer or conditions other than those indicated in our general conditions of sale will not be accepted.

Once the purchase is completed, the products will be shipped according to the availability of the warehouse. Products not available will be shipped according to the time required for the realization of the finished product. Hycon is not responsible for extending the time due to force majeure and in no case the extension of the delivery time of the product constitutes the termination of the contract and the refund of the sums paid. Hycon has the right to withdraw from the contract and return the sums paid by the customer in the event that it is no longer possible to manufacture the product. Hycon s.r.l. reserves the right to replace the components, the design, the construction details based on market availability and the evolution or improvement of the product without this being a constraint for the termination of the contract. The images published on the site and on social channels are purely indicative.

 

The ordered goods will be sent to the address indicated by the customer upon payment received on the current account. In the event that the charge fails, Hycon S.r.l. will have the right to suspend or cancel, at its discretion and at any time, the execution of an order and/or the shipment of the products ordered.

The invoice will be issued after the payment, if the same is not required as "consumer" as defined by the European directives 2019/771 and 2019/71 transposed in Italy with D.L. n. 170 and 171 of 2021 and by D.lsg. 206 of 2005 this will render inapplicable the regulations placed to protection of the buyer in terms of warranty and right of withdrawal and the agreements contained in this contract attributable to this legislation shall be deemed not to be affixed. No sales to VAT-registered parties, the portal is only enabled for B2C sales.

 

 

WARRANTY

 

HYCON s.r.l. guarantees the conformity of the products to the declared technical characteristics and their immunity from defects, as well as their safety according to the standards in force at the time of their placing on the market. Hycon bike is suitable for the use for which it was made and comes in its packaging with its accessories. The owner's manual can be viewed online.

A product is defective when it has defects that make it unsuitable for the use to which it is destined or that appreciably diminish its value or when it does not possess the essential qualities for the use to which it is destined. The legal guarantee of conformity on chassis and fork purchased on our website is 24 months and complies with European directives 2019/771 and 2019/71 transposed in Italy with D.L. n. 170 and 171 of 2021. The buyer can benefit from the legal guarantee of compliance for our products purchased on the website www.hycon.bike. Hycon S.r.l. is liable to the purchaser for any lack of conformity that occurs within 2 years of delivery of the product. The legal warranty covers only defects of conformity that already existed at the time of delivery. Within the first 12 months it is assumed that the defect found was present on delivery, after 12 months it is the responsibility of the buyer to prove that the defect was present at the time of delivery. The Buyer must report any lack of conformity by email to support@hycon.bike by sending a description of the defect, explanatory photos, date on which the defect occurred, the frame number and indicating the date of purchase supported by the purchase documentation (tax invoice). It is the responsibility of the owner who requests this warranty to prove that the product has been maintained in accordance with the instructions contained in the user manual.

All components from third-party manufacturers (e.g. seat post, brakes, engine, batteries, handlebars) have a manufacturer-specific third-party warranty.

In the event of justified and timely complaints, accompanied by the information requested and provided that the defects are not linked to transport, misuse and/or storage, incorrect assembly or use of the same not rational or inappropriate and in any case to the responsibility in general of the Buyer, its successors or third parties, the Buyer, is entitled to the restoration of compliance of the purchased goods, by repair or replacement by the Supplier in the sole discretion of HYCON s.r.l. .

If HYCON s.r.l. is unable to repair or replace the product, it reserves the right to offer a similar replacement of equal or greater value or a partial refund proportional to the remaining life of the product or where it is not possible the termination of the contract , in all cases upon return of the original Product by the Buyer. The costs of repair and delivery of the repaired or replacement Product are borne by HYCON s.r.l., those of return of the original Product are borne by the Buyer and are reimbursed only if the cost is reasonable and the dispute is well founded, after delivery to HYCON s.r.l. of the proof of payment.

Compensation for damage shall in any event be excluded, except in the case of wilful misconduct or gross negligence.

The warranty is non-transferable and only applies to the original buyer. The warranty also does not cover defects or damage caused directly or indirectly by improper use, poor maintenance, negligence, accidents, modification of the chassis or components, violence or manipulation.

HYCON s.r.l. declines all responsibility for any damage to property and/or persons resulting from the improper use of the product, by the buyer or third parties. HYCON s.r.l. will in no case be liable for damages caused by defective or non-compliant products and this in express derogation from art. 1494 c.c.

The warranty does not operate if the product is combined with components not marketed by HYCON srl.

The warranty does not cover parts subject to normal wear and tear.

HYCON s.r.l. reserves the right to examine the products allegedly defective in order to verify the actual existence of the defects reported by the purchaser in the manner that it deems most necessary. The costs of returning the restored or replaced goods will be borne by the seller while those of shipping to Hycon srl will be borne by the buyer. Any damage suffered by the product during shipment of the return will be the responsibility of the buyer and will not be covered by the warranty. In no case will unauthorized returns be accepted. This warranty does not affect the purchaser’s legal rights. HYCON S.r.l. reserves the right to refuse any warranty request.

The acceptance of the products by the carrier or anyone else in charge of the shipping is the proof of the good condition of the packaging and any liability of HYCON s.r.l. in this regard ceases upon delivery.

The Buyer is also required to check upon arrival that the products are in conformity with the order and to verify the goods immediately after delivery and in any case before it is in any way used or otherwise altered. In the absence of these checks the goods are considered accepted.

 

 

DELIVERY

 

The products ordered by the purchaser according to these conditions of sale will be delivered to the address indicated by the purchaser at the time of the order. In case of incorrect, incomplete or unclear information about the address provided, to the customer will be notified by e-mail, when possible, to acquire the correct data. Hycon S.r.l. is not responsible for the non-delivery or for any delays due to incorrect shipping addresses, communications sent to incorrect e-mail addresses and for the customer’s failure to read these emails. Any other shipping cost that the courier will have to bear as well as a second shipment will be charged to the buyer. Hycon srl reserves the right to retain the goods until the balance of shipping costs.

Unless otherwise agreed, the goods are sold ex works. The transport, although organized by Hycon s.r.l. on request or in the interest of the buyer, is not the responsibility of Hycon srl. When Hycon S.r.l. entrusts the shipment to the courier, the customer is notified by an e-mail. This e-mail contains all the details in relation to the delivery: tracking number of the shipment with relative link to the site of the courier (if available).

Hycon S.r.l. is not responsible for delays in delivery due to unforeseeable circumstances or independent of its will, such as all cases of force majeure and similar events as well as delays in delivery by suppliers for any reason.

We recommend that you check the box thoroughly before signing. Before opening the box check if it is damaged in any way that could compromise its contents. Damaged boxes must not be accepted. Boxes with visible dents or scratches should be accepted with reserve or not accepted at all. If you suspect that your content may be damaged, contact the delivery service immediately to file a complaint and send us an email to support@hycon.bike within 24 hours.

 

Any additional shipping costs, taxes or duties for shipments outside the EU, levy or tax imposed or charged on the goods and their transport are charged to the customer and will be calculated and communicated by the courier or customs offices during import and according to the country of dispatch.

These costs the user’s responsibility and will be payable locally and will be required by the courier on behalf of your local customs office. In the event that for any reason the goods will be returned to us any outstanding customs fees will be deducted from any refund.

 

 

 

WITHDRAWAL AND RETURNS

 

The right of withdrawal can only be exercised by natural persons. You have the right to withdraw from the distance contract the "consumer" referred to in art. 3 of the Consumer Code, that is, the natural person who buys products for purposes not related to his professional activity. The right of withdrawal does not apply, therefore, in the case of purchases made by companies and professionals, invoiced with VAT. The consumer has the right, recognized by Legislative Decree 206/05, to exercise the right of withdrawal from the Purchase Contract, for any reason, without explanations and without any penalty, with the following procedures specified within 14 working days of receipt of the goods purchased and provided that the product has not been used. The communication must be sent by email to support@hycon.bike within the above deadline. Such communication must clearly indicate the will to withdraw from the purchase of the products that must be identified with precision, and to it must be attached a copy of the invoice. The return of the goods must take place within 14 days from the date on which the Customer has communicated his decision to withdraw. This deadline is considered respected if the Customer ship or returns the products before the expiration of 14 days. The Customer may return the products by delivering them to the address provided by HYCON s.r.l. All payments made except for transport and insurance costs will be refunded to the Customer within 14 days of knowledge of the notice of withdrawal. The transport costs related to the return of the products subject to withdrawal are borne by the Customer and the return is under his complete responsibility. HYCON s.r.l. reserves the right to withhold the refund until the arrival of the marches and the complete check of its integrity. Upon receipt of the goods and after verification of their integrity, HYCON S.r.l will refund the amount received for the sole purchase of the products and not the transport costs of the return that are fully borne by the Customer, reserving any compensation for damages found on the products. If the returned product has been used, it has defects, even small, found at the time of return, that are attributable to the customer or the transport or a wrong packaging made by the customer, the responsibility is in any case attributed to the buyer and HYCON S.r.l. reserves the right to refuse the right of withdrawal. The return of the product will be at the purchaser’s expense. The purchaser will also be charged for a new packaging. Hycon also reserves the right, at its sole discretion, to withhold sums to compensate for damaged or used products subject to the right of withdrawal. The refund of the sums collected by HYCON s.r.l. for the purchase of the products will be made by bank transfer with current currency to the current account provided by the Customer. We recommend that you insure the return shipment. HYCON s.r.l., in fact, is not in any way responsible for theft, loss or damage of returns shipments. Shipments will not be accepted at the expense of HYCON s.r.l. In this case, the package will be rejected to the sender and the shipments (return) will be fully charged to the Buyer. Before returning the goods, the Customer must ensure that the returned products are intact and in normal condition. The handling and packaging necessary for the shipment will all be borne by the Buyer. In case of damage during the return transport, the withdrawal request will be cancelled and HYCON s.r.l. will send notice to allow the Buyer to make a claim against the courier and ask for a refund. If the right of withdrawal is exercised beyond the period provided for by art.64 D. Lgs n.296/2005 the HYCON S.r.l will reject the good to the Customer by charging him again the costs of transport and delivery. 

 

 

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