1. ON LINE SALES AND SCOPE

This document (together with any documents referred to herein) sets out the terms of use of this website (www.thokebikes.com) and the terms of sale for the products described in this website (hereinafter, the "Terms").

We recommend that you read carefully the Terms, the Notice on the Cookies and the Notice on the Protection of Personal Data (hereinafter referred to more precisely as our "Data Protection Policy") prior to using our website. We also want you to know that using this website and/or sending in an order via the site implies acceptance of our Terms and our Data Protection Policy.

For any questions you may have regarding these Terms and our Data Protection Policy, you can contact us by writing an e-mail to our address info@thokebikes.com.

The Contract may be executed in either of the two languages in which the Terms are published on our website (Italian and English), whichever you prefer.

DEFINITIONS

• By customer it is meant a consumer or a professional who buys the products and/or the services proposed in the website.
• By consumer it is meant a customer acting for purposes extraneous to any business or professional activities he/she may be engaged in (pursuant to art. 3 letter a) of Legislative Decree no. 206/2005 "Consumer Code").
• By professional it is meant a natural or legal person acting in the exercise of their business or professional activities or an agent of such a person (pursuant to art. 3 letter c) of Legislative Decree no. 206/2005 "Consumer Code").

 

2. ABOUT US

These Terms apply to all contracts for the purchase of our products entered into online, via our website www.thokebikes.com.

This website is the property of KP S.r.l., a company established under Italian law, with registered office in strada Tagliata, no.18, 12051 Alba (CN), telephone no. +39.0173.314111, fax number +39.0173.34872, e-mail address info@thokebikes.com, PEC kp@legalmail.it, C.F. and VAT 03651730040, Economic Administrative Index (REA) registration number in the Trade Register CN-306680.

 

3. YOUR DATA

Our Data Protection Policy describes the criteria adopted for managing the personal data and information you provide. By using our website you authorise us to use such personal data and information and declare that all the information and/or personal data you supply are accurate and truthful (see the notice on our Data Protection Policy).

By using this website and/or placing an order via this website, you agree to:

• Use our website solely to place legally valid orders;
• Not to place orders using false or fraudulent data. If we had plausible reasons to believe we have received an order of this nature, we would have the right to reject the order and notify the competent authorities;
• Provide your true e-mail address, postal address and/or other contact data. Similarly, you agree to the use of the information supplied to enable us to fill your order and contact you (as per our NOTICE on our “Data Protection Policy). By completing an order on our website, you represent that you are at least 18 years old and have the capacity to enter into an agreement.

 

4. PRODUCT DELIVERY AREAS

The products proposed in this website may be delivered only to destinations within the European Union and Switzerland.

 

5. CONTRACT EXECUTION MODALITIES

The information contained in these Terms and the detailed information given in this website shall not be construed as a public offer, but rather as an invitation to submit a contractual proposal. No binding agreement between you and us will come into existence until your order has been expressly accepted. If your offer is not accepted and you have already been charged the relative price, the amount shall be returned to you in full.

To be able to place a purchase order you must follow the procedure specified. First of all, you should register with our website by compiling the following required fields:

• Personal data;
• Address or place of residence (or domicile);
• E-mail address;
• Address where to deliver the goods or services purchased;
• Telephone number for urgent communications, delivery details, etc.

The next step consists of selecting a means of payment (credit card, PayPal, bank transfer) and clicking "Authorise the payment". After that, you will receive an e-mail confirming that your order has been received (the "Order confirmation"). It remains understood that this does not signify that your order has been accepted, since your order is a proposal that you make to buy one or more products from us. All orders are subject to our approval, of which we shall inform you with an e-mail confirming that the items requested are being dispatched (the "Dispatch confirmation"). The purchase contract between you and us (the "Contract") shall be deemed executed when we send you an e-mail with our Order Confirmation and Dispatch Confirmation. This e-mail will contain:

• A summary of the general and special terms that apply to the Contract;
• The essential information on the basic features of the product;
• Price, means of payment, delivery charges and applicable tax details;
• Information on the buyer’s right of withdrawal.

If your chosen means of payment is a bank transfer, your order proposal will become effective only when KP S.r.l. has received confirmation that the transfer has been completed successfully. Once the payment has been confirmed, you will receive an e-mail confirming receipt of your order (the "Order confirmation").

The Contract shall apply solely to the products specified in the Order confirmation.
These General Terms shall be the only applicable terms; they cannot be changed or modified. Any changes or variations to the Terms shall become valid and effective on their date of publication online. Any purchase made after a change to the Terms implies full acceptance of the amended formulation of the Terms.
KP S.r.l. makes available to you these general terms of sale in pdf format, which you can download and/or reproduce.

 

6. PRODUCT AVAILABILITY

Orders for KP S.r.l. products are subject to product availability.

If a chosen product is not in stock when your order is received, you will learn immediately from our website www.thokbike.com the date on which the product will be available again. In these circumstances, you can order the product by paying an advance corresponding to 15% of the price of the product in question. You will receive an "Order confirmation" e-mail, containing the order number and an indicative date of when you will receive a new e-mail informing you that your THOK is ready to be shipped; the e-mail will also specify the price to be paid and the payment modalities to be used. Once the balance of the amount due has been received, we will send you a "Dispatch confirmation" e-mail containing the aforementioned indications. If for any reason whatsoever you do not pay the balance of the amount due within 10 days of receipt of the e-mail informing you that the product has become available, your Contract with KP S.r.l. shall be deemed to have been terminated without any further notice and you will have the right to get your advance back right away, according to the same modalities used to pay the amount.

 

7. PRICE AND PAYMENT

The price of a product is the price specified in our website.
The prices quoted in the website include VAT.

Shipping costs are not included in the sales price and are calculated and quantified (as a function of a product's weight, size and place of delivery) and notified before the completion of the purchasing process.

The invoice for the products purchased shall be issued by KP S.r.l. only upon an explicit request by the buyer at the time of order submission. To this end, besides the personal data required you must enter the following indications: company name, tax code and VAT number. The invoice will be supplied as a document in pdf format and will be sent to you via an e-mail to the address specified in the order (PROVIDE FOR INVOICE REQUESTED OPTION).

You can pay with a Visa, a MasterCard or an American Express credit card, through PayPal, or by bank transfer.

To minimise the risk of an unauthorised use of your credit cards, the relative data will be encrypted.

If you choose PayPal for your online payment, the charge will be made at the time of the Order confirmation.

By clicking "Authorise payment" you confirm that the credit card belongs to you.

The credit cards will undergo a process of verification and authorisation by the issuing entity; if the entity concerned does not authorise the payment, we will not be able to enter into any contract with you.

We remind you that if the means of payment selected is a bank transfer, the order proposal will become effective only when KP S.r.l. has received the amount transferred. Once the payment by bank transfer has been successfully completed and verified, you shall get an e-mail confirming that your order has been received ("Order confirmation").

 

8. DELIVERY OF THE GOODS

KP S.r.l. will deliver the goods by means of couriers and/or forwarders, selected by the company at its sole discretion, which are specified during the order procedure displayed on the website.

Subject to the prior verification of the availability of the goods requested, delivery time shall not exceed thirty days of the date on which the Contract is entered into.

 

9. RIGHT OF WITHDRAWAL

If you are a consumer (see definition in paragraph 1 above), you have the right to withdraw from the Contract within 14 days without giving any reason, pursuant to the provisions set out in article 52 of Legislative Decree 206/2005.
The aforementioned withdrawal period will expire after 14 days of the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product; in the case of multiple products requested with a single order and delivered separately, the withdrawal period ends after 14 days of the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product ordered.
To exercise the right of withdrawal, you must inform us by sending an e-mail to admin@thokebikes.com or by stating clearly your decision to withdraw from the Contract (e.g., via a letter sent by post or by electronic mail); to this end, if you want to (it is not mandatory), you may use the attached withdrawal form.
Your withdrawal may apply to all the items delivered or only to some in the case of a multiple delivery.

The customer is responsible for all the costs and risks associated with the return of the goods, and therefore the goods will be returned under the exclusive responsibility of the customer. In the event of withdrawal, you will be refunded for all the amounts paid, including the delivery charges (with the sole exception of any additional costs arising from your choice of delivery modalities other than the one normally provided for) within and not later than 14 days of the date on which we are informed of your decision to withdraw from the Contract. We will make such reimbursements using the same means of payment as you used for the initial transaction. Without prejudice to the foregoing, we reserve the right to withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent them back.
You shall send back the goods without undue delay and, in any event, not later than 14 days of the date on which you notified your withdrawal from the Contract to us. The deadline is met if you send back the goods to KP S.r.l. before the 14 day period has expired.
The goods affected by the right of withdrawal exercised by the customer should be sent to the following address: KP S.r.l., registered office in strada Tagliata, no.18, 12051 Alba (CN), Italy.

Your right to withdraw from the Contract shall apply solely to products returned in the same conditions in which you received them. No reimbursement shall be made if a product has been used other than by simply opening it or for products that are not in the same conditions as initially delivered, or that have been damaged. Accordingly, we invite you to take good care of the products as long as they remain within your sphere of action and in your possession. The goods must be returned undamaged, in their original packaging, complete with all parts thereof (including packaging materials, documents and accessory units, e.g., batteries, user manuals, instructions booklets, other accessories) and accompanied by the relative taxation documents.
If you want to return the products by means other than the free options available, you will have to pay for the shipping costs. After assessing the conditions of the items returned, we will let you know whether you are entitled to getting back the amount paid. Shipping costs will be refunded provided that the right of withdrawal is exercised within the established time period and all the products that are part of the same delivery are returned. The reimbursement will be made as soon as possible and in any event within 14 days of the date on which you informed us of your decision to withdraw from the Contract. Without prejudice to the foregoing, we reserve the right to withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent them back, whichever comes first. We will make the reimbursements using the same means of payment as you used for the purchase of the goods.
You are responsible for all the costs and risks associated with the return of the goods, and therefore the goods will be returned under your exclusive responsibility. When goods are returned, shipping costs cannot be paid according to the "cash on delivery" modality.

 

10. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and accept that all copyrights, registered trademarks and intellectual property rights on the materials or the contents presented as an integral part of the website are a property of KP S.r.l. and of those who granted us the licence to use them. You can use this material only according to the modalities for which you received an explicit authorisation from us or from those who granted us the licence to use them. This does not rule the possibility of using this website to the extent necessary to copy the information regarding your order or contact data.

 

11. LEGAL WARRANTY AND RIGHT OF RETURN

LEGAL WARRANTY FOR THE CONSUMER

Pursuant to, and to the intents and purposes of, arts. 128 et seq. of Legislative Decree 206/2005, KP S.r.l. provides a warranty on the products purchased by a consumer customer against any nonconformity defects that are observed within two years of the date of delivery of the products.

On used goods that have been examined and repaired according to the manufacturer's specifications, pursuant to art. 134, 2nd clause, of Legislative Decree 206/2005, KP S.r.l. provides a warranty to a consumer customer against any nonconformity defects that are observed within one year of the date of delivery of the goods.

For the purposes of this Contract, the goods shall be deemed to be conforming if, where applicable, the following circumstances coexist:

• They are suitable for the use normally associated with goods of that particular type;
• They conform to the description made by the seller and possess the same characteristics as the item that the seller presented to the consumer customers as a sample or a model;
• They have the characteristics and performance capabilities normally associated with a product of the same type, which a consumer may reasonably expect in view of the nature of the items and, if applicable, in view of the public statements concerning the specific characteristics of the product made by the seller, the manufacturer or an agent or a representative of the latter, with special regard to the contents of adverts and labels;
• They are also suitable for the particular use intended by the consumer as was made known by the latter to the seller when the contract was entered into, and was accepted by the seller also based on conclusive evidence.

The consumer customer loses every right if the nonconformity defect is not notified to KP S.r.l. within the established time period of two months of the date on which the defect was first observed.

Having notified the defect, the consumer shall have the right to request that the product be repaired or replaced. KP S.r.l. shall reply within and not later than seven working days of the date on which the notification was received. If the repair or replacement of the product proves impossible or too burdensome, KP S.r.l. shall proceed by applying an appropriate reduction in the price that was paid or by refunding the entire amount paid and terminating the Contract. In this case, it is up to you to specify the modalities for the reimbursement of the amounts paid.

LEGAL WARRANTY FOR THE PROFESSIONAL CUSTOMER

A professional customer, as defined in article 3 of Legislative Decree 206/2005 has the right to use the Legal Warranty provided for by articles 1490 et seq. of the Italian Civil Code, whose provisions shall apply in their entirety for the purposes of this Contract.

 

12. LIABILITY FOR DEFECTIVE GOODS

Pursuant to articles 114 et seq. of Legislative Decree 206/2005, KP S.r.l. shall be liable for damages caused by a defective product it has sold to you if it fails to let you know the identity and place of residence of the manufacturer of the product, or the person that has supplied the product or parts thereof, within three months of the relative request.

The request shall be made in writing and shall specify the product that caused the damage, the place and date of purchase; it shall also provide for an opportunity to examine the product, if still existing.

KP S.r.l. shall not be held liable for the consequences arising from a defective product if the defect is due to product conformity, a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge, at the time when the manufacturer released the product, did not make it possible to consider the product defective. No compensation shall be due if you were aware of the product's defect and the danger arising from it and yet deliberately exposed yourself to the danger in question.

In any event, you must prove the existence of the defect, the damage and the causal link between the defect and the damage.

According to the provisions set out in article 123 of Legislative Decree 206/2005, damage to things may be compensated only if it exceeds the amount of three hundred and eighty-seven Euros.

 

13. LIMITATIONS OF RESPONSIBILITY

KP S.r.l. shall not be liable in any way for any disruptions of service that may be attributed to force majeure or fortuitous events, including those due to malfunctioning of the Internet, if it is unable to fill the order within the time limits provided for in the Contract.

KP S.r.l. shall not be liable in any way for any fraudulent or illegal use that may be made by third parties of the credit cards at the time of payment for the products purchased, if it proves it adopted all the possible precautionary measures according to the best practices and scientific knowledge available at the time and according to the principles of due diligence.

 

14. INFORMATION PURSUANT TO THE REGULATIONS ON BATTERIES

As for the sale of batteries and accumulators, as retailers we are under an obligation to inform you that you are required by the law to dispose of such items according to the applicable regulations on disposal. Once exhausted, such items may be returned to us, or taken to a municipal collection point, or handed over to local stores. Batteries containing hazardous substances are marked with a symbol consisting of a crossed-out wheeled bin and the chemical symbol (Cd, Hg and Pb) reflecting the heavy metal that was deemed the decisive favour in terms of hazardousness. Used batteries can also be returned to our address: KP S.r.l., strada Tagliata, no. 18, 12051 Alba (CN), Italy. The possibility of sending used batteries to this address only applies to batteries included in our product range.

 

15. APPLICABLE LAW

These General Terms of Sale are regulated by Italian law.

 

16. HANDLING OF PERSONAL DATA

The personal data of customers, consumers and professionals are handled by KP S.r.l. according to the regulations on the protection of personal data, as specified in the Notice given in the relative sections "Notice pursuant to article 13 of Legislative Decree 30/06/2003" and "Data Protection Policy".