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The sale of Askoll vehicles by New Works Webtech srl (the "Seller") according to the procedures set out on the website https://shop.askollelectric.com is governed solely by the following terms and conditions (the "Terms and Conditions"), in force at the time of execution of the agreement. The general Terms and Conditions are available on the website https://shop.askollelectric.com where they can be downloaded, saved and printed at any time. The following Terms and Conditions apply to sales of Askoll vehicles made in the European Union, according to the procedures set out on the website https://shop.askollelectric.com, to the end customer (the "Purchaser"). These Terms and Conditions do not affect the validity and effectiveness of the current legal provisions protecting consumers (Consumer Code - (Legislative Decree 206/2005 as from time to time amended), including the provisions of Title III, Chapter I, regarding distance contracts concluded with consumers), where applicable. A consumer is a natural person who is acting for purposes which are outside his or her trade, business, craft or profession.
1.1 - The presentation of the product on the site https://shop.askollelectric.com is for information purposes only and does not imply any binding offer by the Seller. The pictures and descriptions on https://shop.askollelectric.com website reproduce the characteristics of the vehicles as closely as possible. The colours of the vehicles may, however, differ from the actual colours due to the settings of the computer systems or computers which the Purchaser employs for displaying them. Images of vehicles on https://shop.askollelectric.com may differ in size or as regards any accessories. These images should therefore be held as a mere indication and within the usual tolerances. For the purposes of the sale contract of the vehicle, the description of the vehicle contained in the contractual documentation submitted by the Purchaser shall prevail.
1.2 - The Purchaser may calculate the quote for the offer by directly performing, on the website https:// shop.askollelectric.com, the preliminary configuration of the vehicle.
1.3 - Once the vehicle is configured, the Purchaser shall propose the purchase of the chosen vehicle to the Seller in accordance with the procedures indicated on the https://shop.askollelectric.com website providing his credit card details at the same time. Subsequently, the Seller shall immediately block the sum of € 150.00 (one hundred and fifty/00) on the Purchaser's credit card previously indicated by the Purchaser; If the contract for the sale of the vehicle is not executed, in accordance with the procedures and schedules set out in Article 2 below, the sums thereof will be returned to the Purchaser, in accordance with the provisions of Article 2.1 below. The Seller shall then deliver the purchase order ("Order") to the Purchaser. Such contractual documents shall not form any binding offer by the Seller nor do they constitute acceptance by the Seller of an offer made by the other party.
2.1 - By sending the duly signed Order to the Seller, in accordance with the procedures provided on the website https://shop.askollelectric.com and in any case on or before 7 (seven) working days of receipt thereof by the Purchaser in the case of purchase of a Vehicle, the Purchaser submits to the Seller a binding order to purchase the configured vehicle. At the same time as sending the Order, the Purchaser shall pay the deposit according to the provisions of art. 3 below. If the Purchaser fails to return the duly signed Order to the Seller within the terms respectively stated above, the Purchaser's initial proposal will be considered ineffective and, therefore, the Seller will ensure that the amount blocked on the Purchaser's credit card pursuant to art. 1.3 above, is released within the technical time required by the circuit of the relevant credit card.
2.2 - Once the configuration is confirmed in accordance with the procedures referred to in Article 1.2 above, the Purchaser will receive an automatic email confirmation from the Seller that the Order has been received. Such confirmation, as well as any subsequent updates on the status of the Order, sent by e-mail to the address used to submit the Order, do not constitute acceptance of the Order by the Seller.
2.3 - The purchase contract is deemed executed if, within three weeks of receipt of the Order duly signed by the Purchaser, the Seller - having verified the correctness of the data provided in the Order by the Purchaser and the payment of the deposit - confirms its acceptance of the Order in writing, or the vehicle is delivered. Acceptance is communicated to the Purchaser by email. The Seller is obliged to inform the Purchaser of any non-acceptance of the Order within the aforementioned period.
2.4 - Acceptance of the Order by the Seller is subject to payment by the Purchaser of the deposit referred to in Article 3 below.
2.5 - The Purchaser undertakes not to assign any rights arising from this purchase agreement, nor to sell or transfer ownership of the vehicle during the four months following delivery of the vehicle. This time limitation on resale does not apply if the Purchaser is a consumer. If the vehicle is sold breaching the foregoing provisions and for commercial purposes or to a professional dealer, the Purchaser shall pay the Seller a penalty in the amount of 15% of the net purchase price.
2.6 - In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, the Seller informs the Purchaser that: the contract of sale is executed when the Purchaser receives from the Seller the confirmation pursuant to Article 2.3;
2.7 - Each Purchaser is allowed to register on https://shop.askollelectric.com. It is forbidden for the same Purchaser to make multiple registrations using the same e-mail address. Should the Seller find that the same Purchaser has made several registrations on the site https://shop.askollelectric.com using the same e-mail address, the Seller reserves the right to block, immediately and without any prior notice, the concerned account.
2.8 - The contract of sale shall be filed in the Seller's database for the time necessary for its performance and, in any case, within the scope of the statutory terms. The Purchaser may access the contract and/or the data relating to it via his personal account.
2.9 - The language available to users for the conclusion of the contract is Italian.
3.1 - All stated prices are in EURO and include VAT.
3.2 - At the same time as accepting and sending the Order, the Seller shall withdraw the amount of Euro 150.00 (one hundred and fifty/00), referred to in Article 1.3 above, according to the terms provided by the credit card company. This amount shall be held as a deposit, which - in the event of completion of the sale - shall be accounted as a down payment on the total price due for the purchase of the vehicle.
3.3 - Delivery of the vehicle will only take place once the balance of the price is paid, which will be done at the Purchaser 's discretion by credit card or by bank transfer, according to the procedures laid down on the site https://shop.askollelectric.com
3.4 - The Seller is not authorised to change the sales price agreed in the purchase contract except for changes to the VAT rate and other applicable taxes.
4.1 - If the Purchaser is a consumer within the meaning of the Consumer Code (Legislative Decree no. 206/2005 - as amended), he shall be entitled to withdraw - without penalty and without specifying the reasons - from the date of the order and within 14 days of the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the goods or, in the case of multiple goods ordered by the Purchaser in one order and delivered separately, from the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the last good.
4.2 - The right of opting out is exercised by sending, within the term stated in paragraph 4.1 above, a written communication, in accordance with the template available on the site, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech srl
Via Oltrecolle 129 22100 Como (CO)
4.3 - The timely sending of the notice of withdrawal shall be sufficient for compliance with the withdrawal period.
4.4 - The timely sending of the notice of withdrawal or the dispatch of the vehicle shall be sufficient for compliance with the withdrawal period.
4.5 - If the vehicle was delivered, the Purchaser shall return it to the Seller without delay and in any case within 14 days of the date of exercise of withdrawal. The following shall apply:
a) The Purchaser shall return the vehicle to the Seller at his own responsibility and shall bear the direct costs of the return. The return must take place at the following address:
Via Monte Cervino 50
The Purchaser acknowledges that the direct costs of the return cannot be calculated at present, as they depend on the location of the vehicle to be returned, but may in any case be significant. If the Purchaser decides to return the vehicle by courier, he undertakes to use a courier possessing the equipment, facilities and means suitable for transporting the vehicle. If the Purchaser wishes to employ the services of a courier selected by the Seller, at his own cost and under his own responsibility, he may send an email to the Seller requesting a non-binding estimate. Unless the Purchaser decides to employ the courier appointed by the Seller, the Purchaser shall agree in advance with the Seller on the day of actual return of the vehicle;
b) the Purchaser also undertakes to return, within the same term of 14 days of the date of the withdrawal, all documentation (including administrative and technical documentation) relating to the vehicle, as well as to cooperate actively with the Seller in order to transfer the title to the vehicle to the Seller (or to any other party named by the latter), delivering any required documents, after duly signing them.
The return shall be deemed correctly completed only subject to the condition that the Purchaser complies with all the obligations set out in this Article 4.5, letters a) and b).
4.6 - At the time of return, the vehicle will be subject to special checks to assess its condition; a special report will be drawn up, which will include the number of kilometres covered by the vehicle and a description of any damage to it, with a specific indication of the disbursements required to repair the damage or in any case restore the vehicle (parts and labour). The substantial integrity of the vehicle is an essential condition for the exercise of the right to withdraw, bearing in mind that it is in any case sufficient that the goods are returned in a normal state of preservation, as long as they were kept and possibly used with the usual degree of diligence. Any sums required to repair damage to the motorbike or in any case restore the vehicle shall be borne by the Purchaser and shall be deducted from the sums returned to him pursuant to Art. 4.7. The Purchaser shall only be liable for any reduction in the value of the vehicle resulting from any tampering of the vehicle other than that necessary to establish the nature, characteristics and functioning of the goods. In this regard, the Seller shall be entitled to deduct from the sum to be returned following withdrawal, by way of fair compensation, € 5 for each kilometre covered by the vehicle in excess of the total of 10 km travelled from the time of delivery of the vehicle to that of its return. It is in any case understood that, unless otherwise indicated by the Seller, the right of withdrawal cannot be exercised if the Purchaser has covered more than 25 km.
4.7 - If the withdrawal is validly exercised, the Seller is obliged to return the sums paid by the Purchaser, including those paid as a deposit and including any delivery costs, within 14 fourteen days of the date of return in accordance with Article 4.5. The Seller shall pay such refund by credit card and/or bank transfer, unless the Purchaser has expressly agreed otherwise and provided that the Purchaser does not incur any costs as a result of the refund. The Purchaser acknowledges that any sums required to repair damage to the motorbike or otherwise restore the vehicle shall be deducted from the refund.
4.8 - Without prejudice to the preceding paragraph, the Seller is not obliged to reimburse additional costs if the Purchaser has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
4.9 - The Purchaser acknowledges that the Seller may withhold the refund until:
(i) the return has taken place in accordance with Article 4.5; or
(ii) the Purchaser has proved that it has returned the vehicle and fulfilled its obligations under Clause 4.5(b), whichever is the sooner.
4.10 - In the event of withdrawal, the ancillary contracts connected with the purchase of the vehicle will also be automatically terminated, at no cost to the Purchaser.
4.11 - In accordance with Article 59, paragraph 1, letter c) of the Consumer Code (Legislative Decree. 206/2005), the right of withdrawal is excluded, inter alia, when the purchase contract relates to a vehicle customised to the Purchaser 's specific requirements.
5.1 - Delivery dates and deadlines must always be set in writing. The delivery term begins with the conclusion of the purchase contract.
5.2 - Without prejudice to the provisions of clause 5.6 relating to force majeure, the Purchaser may request immediate delivery of the vehicle once 90 days have elapsed since the date or deadline for delivery, as stated in the contract entered by the Seller and the Purchaser, and without prejudice to the provisions of clause 5.3 below. Upon receipt of such notice, the Seller shall be deemed to be in default. Without prejudice to the provisions of Article 1229 of the Civil Code, the Purchaser's right to compensation for damages for any default by the Seller is limited to a maximum of 5% of the agreed purchase price.
5.3 - After the expiry of the period referred to in Article 5.2, the Purchaser is nevertheless obliged to allow the Seller a reasonable period of time to make the delivery before seeking termination. If, instead of performance, the Purchaser claims termination of the contract and damages, the latter shall be limited to a maximum of 15% of the purchase price in the event of slight negligence. If the Purchaser is a company or body or a professional person who enters into the purchase agreement in the course of his business or self-employed activity, he shall not be entitled to claim compensation for damage caused by the Seller through slight negligence. If, when the Seller is already in arrears with delivery, delivery becomes impossible due to unforeseeable circumstances, compensation for damages shall be limited as provided above. The Seller shall not be liable if the damage would have occurred in any event in the event of timely delivery.
5.4 - The limitations of liability provided for in this article shall not apply in the event of damage to life, limb or health.
5.5 - If the Seller fails to comply with binding delivery terms, dates or terms, it shall be deemed to be in default if such terms, dates or terms have expired. In this case, the Purchaser may assert the rights set out in paragraphs 5.2, 5.3 and 5.4.
5.6 - In the event of force majeure or other events affecting the business activities of the Seller or its suppliers and such as to prevent the Seller from providing - temporarily and through no fault of its own - timely delivery of the purchased products, the terms and dates referred to in this Article paragraphs 5.2 to 5.5 shall be suspended for the duration of such events. If such events result in an interruption of more than four months, the Purchaser shall be entitled to withdraw from this purchase agreement. This clause does not affect other cases of withdrawal.
5.7 - Provided that they are reasonable for the Purchaser and taking into account the interests of the Seller, any changes in design or model, changes in colour or changes in the delivery block made by the manufacturer within the delivery period shall not give rise to withdrawal or termination, nor shall they constitute a breach of contract.
6.1 - The Purchaser is obliged to notify his availability for collection of the vehicle ordered within 7 days of the communication by the Seller that the vehicle is ready for dispatch.
6.2 - If the Purchaser fails to collect the vehicle within such term, the Seller may exercise its rights under the law. The Seller shall be entitled to seek damages in the amount of 15% of the gross sale price. Compensation may be established to a greater or lesser extent depending on whether the Seller proves to have suffered greater damage or the Purchaser proves that the Seller has suffered less damage or no damage at all.
7.1 - The Purchaser acquires ownership of the vehicle when he fulfils all his obligations under the purchase agreement, including payment of the balance of the purchase price.
7.2 - As long as the Seller retains ownership of the vehicle, he shall be entitled to retain all documents relating to the registration of the vehicle.
7.3 - In the event that the Purchaser does not timely fulfil its payment obligations, the Seller shall have the right to withdraw from the purchase contract, retaining the deposit, or terminate the purchase contract in accordance with the provisions of the law, requesting compensation for damages.
7.4 - As long as he has not acquired ownership of the vehicle, the Purchaser may not sell or transfer ownership of the vehicle or assign any right of use thereof to a third party.
8.1 - Unless otherwise agreed, the warranty for vehicle defects shall expire in accordance with the law. Unless otherwise provided by law in the case of sale to the customer, if a defect is discovered within 6 months after delivery, it shall be assumed that it existed at the time of delivery of the vehicle, unless the type of defect is such as to exclude this assumption. Limited to the Purchaser 's right to seek remedy for any defect, this assumption shall also apply if the defect occurs for the first time during the second year following delivery.
8.2 - The Purchaser shall have no claim if the defect or damage is attributable to the common use of the vehicle or to the fact that:
(a) the Purchaser did not timely notify the defect after its discovery;
(b) the vehicle was used in conditions other than those for which it was type-approved (for example, in a country other than the country of first delivery and where different type-approval requirements apply);
(c) the vehicle was not properly used or was used in a manner exceeding its normal use (e.g. for sporting competitions);
(d) the vehicle was repaired or serviced in a workshop not authorised by the manufacturer and the Purchaser was aware of this or should have been aware of it;
(e) components not approved by the manufacturer were installed in the vehicle, or the vehicle or parts thereof (e.g. software) were modified without the manufacturer's approval;
(f) the Purchaser did not comply with the instruction of use and maintenance of the vehicle (e.g. the Purchaser did not follow the instructions in the owner's manual). The purchaser's other rights under the law or the contract, especially in connection with the warranty, shall remain unaffected.
8.3 - The procedure for removing defects is the following:
a. requests for removal of defects may be addressed to the manufacturer or to a member of the network of workshops authorised by the manufacturer. If the Purchaser makes the claim to the member of the network of workshops authorised by the Manufacturer, the Purchaser shall inform the Seller if the first repair of the defect was unsuccessful. If the Purchaser submits the request orally, a written confirmation shall be sent to him.
b. If the vehicle becomes unusable due to a defect, the Purchaser must notify the Manufacturer or the nearest member of the Manufacturer's authorised workshop network in service at that time.
c. The warranty rights of the Purchaser under this purchase agreement shall also apply to parts incorporated in the vehicle being repaired, provided that the warranty on the vehicle is not lapsed.
d. All replaced parts become the property of the Seller.
8.4 - The right to have defects repaired is not affected by a change in ownership of the vehicle.
8.5 - This Article 8 does not apply to cases of civil liability, including for defective products.
9.1 - If the Seller is liable for damage caused by slight negligence under the law or this contract, the Seller's obligation to pay compensation is limited as follows. The Seller shall only be liable if the damage is the consequence of the impairment of one of the essential interests of the parties to the non-performance of one of the main obligations. The Seller's liability in this case is limited to the foreseeable damage at the time of entering into the contract in accordance with the provisions of Article 1223 of the Civil Code. If the specific damage is covered by the Purchaser 's insurance (with the exception of covers with fixed sums), the Seller shall only be liable for related damages, e.g. for increased premiums or interest rates until the damage is settled by the insurance.
9.2 - The Seller's liability due to fraudulent concealment of a defect, acceptance of the quality guarantee or non-performance attributable to the Seller remains unaffected, as does any other right recognised by the Consumer Code and the Civil Code.
9.3 - Any liability for delayed delivery shall be governed exclusively by Art. 5.
9.4 - The personal liability of the Seller's legal representative, agents, external collaborators, consultants and employees is excluded for damage caused through slight negligence.
9.5 - The limits of liability provided for in this Article shall not apply in case of death, injury to physical integrity or health.
10.1 - This contract is governed by Italian law and, inter alia, by Title III, Chapter I, Section II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions).
10.2 - The language of the contract shall be Italian.
11.1 - Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Seller informs the Purchaser who is a consumer as defined in Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute in this way, the Seller will provide information on the matter to the Purchaser. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code). The Seller also informs the Purchaser who is a consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform is available at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he is involved. This is without prejudice, in any case, to the right of the consumer user to refer the dispute arising from these General Terms and Conditions to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code. The Purchaser residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of such regulation can be found at www.eur-lex.europa.eu.
11.2 - All disputes relating to relations with professionals, including those relating to cheques, shall be referred to the judge of the place where the Seller has its registered office. The foregoing shall also apply if the Purchaser is not domiciled in Italy, if it has transferred its domicile outside Italy after the conclusion of the contract or if its domicile is unknown at the time the proceedings are instituted.
11.3 - If the Purchaser is a consumer pursuant to and for the purposes of the Consumer Code, any dispute concerning the interpretation, execution, termination and/or cancellation of the contract shall be settled exclusively by the judge of the place where the Purchaser resides or has his domicile, if located in Italian territory.
12.1 - The Purchaser may submit any complaints to:
New Works Webtech srl
Via Oltrecolle 129 22100 COMO (CO)
Fax: +39 031525648
13.1 - The Purchaser expressly acknowledges having received notice from the Seller, pursuant to and for the purposes of Article 49 of the Consumer Code, concerning:
(a) the main characteristics of the goods purchased;
(b) the identity of the trader, the geographical address at which he is established and his telephone number
(c) the total price of the goods purchased including taxes, additional shipping and delivery costs or, if such costs cannot reasonably be calculated in advance, an indication that these costs may be charged to the Purchaser;
(d) the terms of payment, delivery and performance, the date by which the Seller undertakes to deliver the goods and the handling of complaints by the Seller;
(e) the existence of the legal guarantee of conformity for the goods, the existence and the conditions of the after-sales service and commercial guarantees";
(f) the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54(1) of the Consumer Code, as well as the withdrawal form
(g) the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject and the conditions for having access to it
|PRODUCT DESCRIPTION||Unique Identification Number (UIN)|
|EPAC battery charger|
|Batteries for EPAC||FR027401_06G7UP|
|Batteries for mopeds or motorcycles|
The seller of the products in the online catalogue of the website shop.askollelectric.com is New Works Webtech s.r.l. with registered office in via San Gregorio 44, 20124 Milan (Italy) and operative office in via Oltrecolle 129, 22100 Como (Italy) (VAT number and tax code: 02658930132). Registration with the Business Registry of Como - Chamber of Commerce registration code. n 272105.
The present agreement between New Works Webtech Srl (Seller) and the purchaser (Customer) is understood to be completed with the confirmation of the order by the Seller according to the methods and terms indicated in the following Article. The execution of the agreements implies that the Customer has read and fully accepted these general terms and conditions of sale. If the Customer is a consumer, once the online purchase procedure is completed, he/she shall print or save an electronic copy and in any case retain these general terms and conditions of sale, in accordance with the provisions of the regulations on distance sales.
The Customer may only purchase the products included in the online catalogue at the time of placing the order and viewable online at shop.askollelectric.com as described in the relevant information cards. The order shall be validly processed upon receipt of confirmation of payment of the order in the email box stated by the Customer. Correct receipt of the order is confirmed by the Seller by means of an email reply sent to the email address provided by the Customer. Said confirmation message will state an order number to be used in any further communication with the Seller. The message contains all the data entered by the Customer, all the information relating to the essential characteristics of the goods, the price, the payment methods and the delivery methods and costs. The Customer must check the accuracy of the information and promptly notify the Customer Service of any amendments, in accordance with the procedures described in this document. In the event of non-acceptance of the order, the Seller shall promptly notify the Customer.
The products shall be sold at the list prices in force at the time of the Customer's order and net of delivery charges, which shall be calculated at the time of the order. Shipping prices include taxes.
From the moment the Customer places an order on the shop.askollelectric.com website, the time required for the preparation and shipment of the items purchased depends on the availability of the products. The availability and the time required for preparing the order is stated on the website for each product. The words 'Shipping in 24/48 hours' means the time it takes to process the order and prepare the package, and then to dispatch it. Normally, the courier company will deliver in Italy within 24/48 hours of dispatch and in Europe within 72/96 hours of dispatch. The words "Delivery in 24/48 hours" refer to the time for delivery of the order on Italian territory, excluding islands and any difficult areas. In the case of a multiple order, shipment may take place when the order is complete, i.e. after all the products ordered were found. If these include, for example, products that are marked "On Reservation" in the card, the order may be processed when also these products are available. If during the processing of an order a product is no longer available, because it is out of stock or unavailable, an e-mail will inform the Customer of the inconvenience and the order will be updated by removing the unavailable item. Other products will be shipped and the amount of the unavailable item will be automatically deducted from the total amount indicated during the purchase process. Regardless of the payment method chosen and in the case of prepayment, the Customer will be reimbursed the value of the missing item.
Askoll bicycles are fully assembled and adjusted by qualified technicians in our factory. Specific components such as pedals and handlebars are removed for safety reasons before shipment. Therefore, the consumer must mount/replace these components upon delivery of the bicycle. Instructions on how to mount the pedals and reposition the handlebars are included in the bicycle packaging and will also be emailed to you once the purchased item has been shipped.
The photographs on the site of the products offered for sale are for illustrative purposes only, the manufacturer reserves the right to make changes to the products from the photographs on the site without prior notice. The Seller will endeavour as far as possible to update product photos to reflect such changes.
1. Content of the conventional guarantee
1.1. Askoll EVA s.r.l. a sole shareholder company with registered offices in Via Industria, 30 36031 Dueville (VI), Italy, Tax and Vicenza Company House No. 03873430247 (hereinafter “Askoll”), member of the group managed and coordinated by Askoll Holding S.r.l., guarantees that every electric vehicle it manufactures (bicycles and motorbikes) (hereinafter the “Electric Vehicle”), including Askoll-make components and accessories, is free from design and/or manufacturing defects (hereinafter the “Guarantee”) pursuant to these terms and conditions (hereinafter “Terms of Guarantee”).
1.2. The Guarantee shall enter into effect at 00.00 am of the day in which the Electric Vehicle is delivered by the Askoll authorised dealership to the first purchaser (hereinafter, the “Customer”) and will remain in force, respectively, for: (a) 24 (twenty-four) months for electric vehicles sold to Customers that qualify as “consumers” under Legislative Decree no. 206 of 6 September 2005 (hereinafter, the “Consumer Code”) or the applicable national regulation (hereinafter, “Consumers”); (b) 12 (twelve) months for electric vehicles sold to Customers other than consumers, such as practitioners, legal persons and private or public bodies (hereinafter, “Practitioners”).
1.3. In case of transfer of ownership of the Electric Vehicle, the Guarantee will remain in force regardless of the change in ownership of the vehicle at the conditions set out in this Guarantee.
1.4. Where a design and/or manufacturing defect should be detected, if reported in compliance with the Terms of Guarantee, the Customer is entitled to the free repair of the same defect by the Askoll service network.
1.5. Askoll shall pay the expenses to repair or replace the defective elements and the workmanship required for such repair or replacement. The choice between repairing or replacing a part (which may occur by using reconditioned material, when the situation should allow it, or with new parts) is at the discretion of Askoll depending on the extent of the defect and the economic preference of one approach over the other, without prejudice to the quality, safety and reliability of the repair or replacement. If it was impossible or too costly to repair the defect or the final outcome should be uncertain, Askoll may replace the electric vehicle with another, new one being of the same model and set-up as the one being replaced, free of charge.
1.6. If during the repair it should turn out that the intervention does not fall under those covered by this Guarantee, the cost must be entirely paid for by the owner of the vehicle.
1.7. Replaced defective parts under this Guarantee become the property of Askoll.
1.8. The time required for the repair do not extend the guarantee period. The repair and/or replacement as well as new parts replaced or repaired under this Guarantee are covered for a further period of respectively 12 (twelve) or 24 (twenty-four) months depending on the term of the Guarantee period applicable to the first purchaser of the Electric Vehicle being repaired.
1.9. The Guarantee does not include the mobility service.
2.1. The Guarantee does not include regular Electric Vehicle maintenance.
2.2. The Guarantee does not include the components of the Electric Vehicle that are subject to loss of efficiency, wear or deterioration as a consequence of normal use or operation of the Electric Vehicle (including, but not limited to: tyres, belts, flexible controls, parts subjected to friction such as braking pads, the battery if not adequately maintained with the Askoll battery maintainer).
2.3. The Guarantee does not apply to defects other or different from design and manufacturing defects; more specifically, the Guarantee does not include, for the sake of exemplification, any repairs or replacements due to faults and/or malfunctioning directly or indirectly caused by or connected with: a) accidental events or causes of force majeure (including, but not limited to: rusting or other problems caused by weather and environmental conditions or abnormal circumstances); b) use of the Electric Vehicle in a way that is not compliant and does not conform to the prescriptions, warnings and recommendations reported in the Use and Maintenance Manual (including, but not limited to, washing the electric vehicle in ways that do not comply with the instructions reported therein); c) changes, repairs or other interventions other than those in the change, repair or disassembly standards as prescribed by Askoll; d) assembly of parts and/or spare parts other than those prescribed or whose use is not specifically approved by Askoll; e) improper use of the Electric Vehicle or use for other purposes than private use (such as, for instance, the use in sports races or for any type of rental, public transportation or other services); f) negligence, misconduct, inexperience or recklessness of the owner or the rider; g) accidents, such as collisions with other vehicles, people, animals, identified or unidentified objects, tipping over, running off the road and acts of vandalism; h) external causes and/or foreign bodies (including, but not limited to: tyre punctures, glass shattering, etc.); i) normal wear of the Electric Vehicle as a consequence of its use, meant as the loss of efficiency, deterioration and wear of any material, part, component and mechanical part for the sole effect of prolonged use; the effect of wear may be appreciated by verifying the state, mileage and time of operation detected in the damaged parts and the potential operating average normally attributed to them; if need be, this specific check will be trusted to the services of an expert third party technician.
3. Customer's duties
3.1. The Guarantee shall be applicable solely when the conformity defect was reported in writing by the Customer (Consumer) no later than 2 (two) months from its detection and the Customer (Practitioner) no later than 8 (eight) days from its detection.
3.2. The Customer must report the conformity defect within the time prescribed either to Askoll authorised dealers or by calling the Askoll service network call centre available on Askoll's websites www.askoll.com or http://askollelectric.com.
3.3. The Customer must produce a copy of the purchase document (receipt or invoice) or any other document proving the applicability and validity of the Guarantee coverage.
3.4. In case of failure to comply with the above paragraphs, the Guarantee shall not be applicable and the Customer will lose the right to the guaranteed service.
3.5. In case of transfer of ownership of the Electric Vehicle, the Guarantee will remain in force regardless of the change in ownership of the vehicle at the conditions set out in this Guarantee, without prejudice to the new purchaser's duty to produce the proof of purchase from the first purchaser. In any case the new owner is recommended to notify Askoll immediately after the change of ownership of the electric vehicle in the ways prescribed in the Askoll websites www.askoll.com or http://askollelectric.com, also to allow Askoll to target its communication plan in case of notices on safety or regarding the update of specific parts or components.
3.6. The Guarantee does not include the mobility service, therefore the Customer must deliver, at personal expenses, the Electric Vehicle to an Askoll authorised dealer or, upon making a telephone appointment, directly to authorised service centres. Upon specific request, an Electric Vehicle collection service may be available at the customer's address, at the expenses of the latter, or a repair and maintenance service at the customer's address, also at the expense of the latter. In some exceptional circumstances where the defect covered by this Warranty should prevent the vehicle from being moved, the collection or home service costs shall be previously agreed with Askoll.
3.7. The Customer must collaborate for the proper performance of the service, by providing the Askoll service network any information regarding the circumstances in which the defect has appeared, besides all information and clarification Askoll, either directly or through its service network, should request.
3.8. The Guarantee is applicable for defects verified by Askoll through its service network; in case Askoll should not believe the Guarantee to be applicable or in case differences should arise with the Customer, the repair will be suspended pending a third-party expert opinion.
4. Limitation of responsibility
4.1. Save for the provisions under the mandatory national regulation applicable to the relation between the “consumer” and the manufacturer and the provisions on third-party liability of the manufacturer, Askoll shall not be held liable for damages to objects and/or people caused by the Electric Vehicle, its use, its malfunctioning or its inability to be moved due to faults.
4.2. Any downtime of the Electric Vehicle or delays in its repair or replacement services trusted to the Askoll service network shall not entitle the Customer to any refund or compensation (such as the expenses for replacement vehicles) from Askoll nor any Guarantee extensions.
4.3. The Guarantee excludes any compensation for loss of income as a consequence of the malfunctioning of the Electric Vehicle or other onerous consequences of the same defect.
5. Nature of the Guarantee
5.1. This guarantee is solely governed by these Terms of Guarantee and by the Italian law, except for the possible application of the mandatory provisions of consumer protection provided by the law applicable in the Country of residence of the Customer qualified as a “consumer” pursuant to Legislative Decree no. 206 of 6 September 2005 of the Italian Republic (hereinafter “Consumer Code”) or pursuant to similar codes or similar national regulations applicable in the Country of residence of the Customer (hereinafter referred to for brevity as the “Consumer Clients”).
5.2. This Guarantee is a conventional guarantee pursuant to Article 133 of the Consumer Code.
5.3. This Guarantee and the relevant Terms of Guarantee are the only conventional guarantee provided by Askoll as the manufacturer of Askoll-make electrical vehicles.
5.4. These Terms of Guarantee do not prejudice the rights towards the seller enjoyed by the natural person defined as “consumer” pursuant to the Consumer Code or applicable national regulations.
5.5. Save for Customers (Consumers) or in case this should be otherwise provided in a mandatory provision in force in the Customer's country, any disputes arising in connection with these Terms of Guarantee shall be exclusively subject to the Court of Vicenza, Italy.
In accordance with the law on electronic commerce, if the Customer is a consumer (i.e., a natural person who purchases the goods for purposes not related to his or her professional activity, i.e., does not make the purchase by indicating a VAT number on the order form to the Seller), he or she is entitled to withdraw from the purchase contract for any reason whatsoever, without the need to provide an explanation and without any penalty, without prejudice to what is established in the following point To exercise this right, the Customer must send the Seller a written notice to that effect within 14 days from the date of receipt of the goods. This communication should be sent by letter addressed to:
New Works Webtech Srl
(Customer Service Askoll Shop)
Via Oltrecolle 129
22100 Como (Italia)
or by telegram or email to firstname.lastname@example.org always sent within the aforementioned 14-day term. Once the aforementioned notice of withdrawal is received, the Seller's Customer Service will promptly provide the Customer with instructions on how to return the goods, which must be returned by the Customer and received by the Seller within 14 days of authorisation. The right of withdrawal is however subject to the following conditions:
The sending of the return request by the Customer in accordance with the above procedures and the relative authorisation by e-mail by the Seller constitute a necessary condition for the return to be accepted. The consent to return sent to the Customer by the Seller includes the address of the warehouse to which the goods to be returned should be sent. The Seller reserves the right to refuse unauthorised returns that do not comply with these return terms. The goods will then be returned to the Customer at the original shipping address.
In the event of damage to the goods during transport, the Seller shall inform the Customer of what has happened (within the 5th day from receipt of the goods in its warehouses), to enable him to file a timely complaint against the freighter selected by him and to obtain reimbursement of the value of the goods (if insured); in this eventuality, the product will be made available to the Customer for its return, at the same time cancelling the request for withdrawal; The Seller shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments. Upon arrival (in the warehouse), the product will be examined for any damage or tampering not resulting from transport. If the packaging and/or the original packaging are damaged, the Seller shall deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the costs of restoration or may refuse the return. Without prejudice to any costs of recovery for damage to the original packaging, the Seller shall refund the Customer the full amount already paid, excluding shipping costs. The refund will be made within 14 days of the return of the goods. The refund operation will be carried out by the Seller, based on the payment method used when placing the order, by re-crediting the amount due, which will be paid to the credit card or Paypal account used at the time of the order or by bank transfer to the account that the Customer will state upon express request of the Seller. The right of withdrawal lapses completely, due to the lack of the essential integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains that:
In the event of forfeiture of the right of withdrawal, the Seller shall return the purchased goods to the sender and charge the latter for the shipping costs. Any complaints should be addressed to:
New Works Webtech Srl
(Customer Service Askoll Shop)
Via Oltrecolle 129
22100 Como (Italia)
This contract is governed by Italian law. For the resolution of civil and criminal disputes arising from the execution of this Contract, if the Customer is a consumer, the territorial jurisdiction shall be that of the court having its seat at his municipality of residence; in all other cases Courts sitting in Como shall have the exclusive jurisdicion.
The European Commission has created a platform for out-of-court dispute resolution. The procedure offers consumers the opportunity to resolve disputes concerning online purchases without having to resort to litigation and the involvement of courts and judges. The description of the procedure is available at the following link: http://ec.europa.eu/consumers/odr/