General Terms and Conditions of Sale

These conditions apply to purchases made on super-bike.ch. The shop serves Switzerland and Liechtenstein. The text operates on two levels. The Swiss level is always active. The European Union level is provided for and applies to consumers in the European Union if sales to the European Union are opened.

1. Seller and contact details

This e-commerce website is operated by Super-Bike, sole proprietorship of Raffaele Fico, with registered office at Corso San Gottardo 109, 6830 Chiasso, Switzerland.

The owner and seller is Super-Bike (official name Super-Bike di Raffaele Fico, sole proprietorship). The address is Corso San Gottardo 109, 6830 Chiasso, Switzerland. The contact email address is [email protected]. The seller's enterprise identification number (IDI/UID) is CHE-160.217.874. The VAT number is CHE-160.217.874 VAT.

Any reference to "the seller", "we" or "Super-Bike" in these conditions refers to the entity identified above.

2. Subject matter and scope of application

These general terms and conditions of sale govern all orders for products placed through the super-bike.ch website. By placing an order, the customer declares that they have read these conditions and accept them in full.

The conditions apply both to customers acting as consumers and to customers acting in the course of their professional activity. Where a clause applies only to one category of customers, this is expressly indicated.

Orders may only be placed by persons who have legal capacity under the applicable law. The shop is not intended for minors.

The seller may update these conditions at any time. The version published on the website at the time the order is submitted applies to the order.

3. Conclusion of the contract and ordering procedure

The sales contract is concluded according to the technical steps described below.

1. The customer selects the desired products and adds them to the cart.
2. The customer accesses the cart, where they can check the selected products, quantities and total price.
3. The customer enters the delivery and billing details and chooses the shipping and payment method.
4. Before submitting the order, on a summary page, the customer views all the order details and can modify or correct them.
5. The customer confirms the order by pressing the final button, which clearly indicates the obligation to pay.
6. After submission, the seller sends the customer, without delay and electronically, an acknowledgement of receipt of the order.

3.1 Correction of input errors

Until the order is submitted, the customer can identify and correct any data entry errors. At every stage prior to final confirmation, it is possible to go back, change quantities, remove products from the cart and update delivery, billing and payment details.

3.2 Order confirmation

After submitting the order, the customer receives without delay, electronically at the email address provided, a confirmation certifying receipt of the order and summarising its contents. This communication confirms receipt of the order by the seller.

3.3 Order button with obligation to pay

The button by which the customer completes the order is worded in such a way as to indicate unequivocally that submitting the order entails an obligation to pay.

For customers acting as consumers in the European Union, this indication is a mandatory requirement. If the order button does not clearly indicate the obligation to pay, the consumer is not bound by the contract.

4. Prices

All prices indicated on the website are expressed in Swiss francs (CHF) and include Swiss value added tax at the applicable rate, currently 8.1%, and any non-optional surcharge. The price actually payable for each product is the price indicated next to the product itself at the time of the order.

Any shipping costs, if applicable, are indicated separately and shown to the customer before confirmation of the order. The total price including shipping costs is displayed in the summary before the order is submitted.

For customers acting as consumers in the European Union, before the order is concluded, the total price including taxes and all additional charges is indicated. Any customs duties and import taxes due in the country of destination remain the responsibility of the customer, unless expressly stated otherwise. Costs not communicated to the consumer before the order are not borne by the consumer.

4.1 Reduced prices and reference prices

When a product is presented at a reduced price, the crossed-out reference price corresponds to a price actually previously charged by the seller and not to a purely indicative price. For consumers in the European Union, the reference price indicated when a reduction is announced is the lowest price applied by the seller during the thirty days preceding the reduction.

5. Delivery countries

The seller delivers to Switzerland and Liechtenstein. The list of countries served and the related costs are shown to the customer during the ordering process.

Any orders with a delivery address outside the countries available at the time of checkout cannot be processed.

6. Shipping and delivery

Shipments are made via Swiss Post. The shipping cost in Switzerland and Liechtenstein is determined by the weight of the goods, starting from 12 francs up to a maximum of 30 francs. The applicable cost is shown to the customer in the cart before confirmation of the order.

The indicated delivery times are estimates and run from confirmation of the order and, where applicable, from receipt of payment. The seller informs the customer in the event of significant delays compared to the communicated times.

7. Payment methods

Payment can be made using the methods made available at checkout, namely credit card (Visa and Mastercard), PostFinance, Twint, PayPal, bank transfer and HeyLight instalment payment.

Payment data is processed through the payment service providers indicated at checkout. The seller does not store complete payment card data, which is managed directly by the relevant providers.

8. Processing of personal data

For the management of orders, payments, delivery and assistance, the seller processes the customer's personal data. The website also uses analysis, marketing and security tools provided by third parties, some of which may involve the disclosure of data to providers located abroad.

The purposes of the processing, the categories of recipients, transfers abroad and the related safeguards, retention periods and the customer's rights are fully described in the website's privacy policy and cookie policy, to which reference is made. The customer is invited to consult these documents for detailed information on how their data is processed.

9. Warranty for defects in the goods

9.1 Customers in Switzerland

The seller is liable for defects in the goods sold in accordance with Articles 197 et seq. of the Swiss Code of Obligations. In the event of a defect, the customer may request rescission of the contract or a reduction in the price (Art. 205 CO) and, in the case of goods defined only by their kind, replacement of the defective goods (Art. 206 CO).

The warranty for defects lasts for two years from delivery. For used goods, this period may be reduced by agreement, but not to less than one year. For customers acting as consumers, the two-year period cannot otherwise be reduced (Art. 210 CO).

The customer is required to inspect the goods received as soon as possible in accordance with normal business practice and to notify the seller without delay of any defects found (Art. 201 CO).

9.2 Customers in the European Union

For customers acting as consumers in the European Union, the legal guarantee of conformity of at least two years from delivery applies, pursuant to Directive (EU) 2019/771. In the event of a lack of conformity, the consumer is entitled to have conformity restored by means of free repair or replacement and, alternatively, to a price reduction or termination of the contract with reimbursement.

For electric bicycles, conformity also includes the components, including the motor and battery. The legal guarantee of conformity is separate from any commercial guarantees offered by the manufacturer, which are optional and are in addition to the legal guarantee without replacing it.

9.3 Battery warranty

Batteries are covered by the legal warranty for manufacturing defects, like all other products, for two years from delivery. The normal decrease in capacity due to use and ageing, sulphation, deep discharges, overcharging, improper use, lack of maintenance and physical damage are not covered by the warranty, because they are wear phenomena and not defects. To claim under the warranty, proof of purchase and return of the battery for a technical inspection are required.

9.4 Additional commercial warranty

In addition to the legal warranty described above, the seller does not offer its own additional commercial warranty. Any manufacturer's warranties, where provided, remain unaffected and are in addition to the legal warranty without limiting it.

10. Returns and right of withdrawal

The conditions for returning products are described on the dedicated returns conditions page, to which reference is made.

In Switzerland, online purchases do not provide for a legal fourteen-day right of withdrawal. Any return options offered by the seller to customers in Switzerland constitute a voluntary commercial concession governed by the returns conditions.

For customers acting as consumers in the European Union, the fourteen-day right of withdrawal provided for by Directive 2011/83/EU applies. The withdrawal period is fourteen days from receipt of the goods and does not require any reason. The conditions, time limits and procedure for exercising the right of withdrawal, together with the model form and the online withdrawal function, are indicated on the page dedicated to the right of withdrawal. These provisions apply when sales and shipping to the European Union are active.

11. Information for consumer customers in the European Union

Customers acting as consumers in the European Union are provided, before the conclusion of the order, with the pre-contractual information required by Article 6 of Directive 2011/83/EU. This includes the identity and geographical address of the seller based in Switzerland, the essential characteristics of the products, the total price including taxes and all additional charges with an indication that any customs duties and import taxes remain the responsibility of the customer, the methods of payment and delivery and the performance times, the existence and conditions of the right of withdrawal with the related model form, and the existence of the legal guarantee of conformity.

After the conclusion of the contract, and within a reasonable time at the latest at the time of delivery, the seller sends the consumer confirmation on a durable medium containing the pre-contractual information, including information on withdrawal and the model form.

The clauses of this article and of the preceding Article 10 apply to customers acting as consumers in the European Union when sales and shipping to the European Union are active.

12. Applicable law and competent court

The contract and any relationship between the customer and the seller are governed by Swiss law.

The competent court for any dispute is Chiasso, Switzerland, to the extent permitted by law. Mandatory provisions protecting consumers applicable to the individual case remain unaffected.

13. Contract language

These conditions and the other contractual information are available in the languages made available on the website. The contract may be concluded in Italian. In the event of any discrepancy between the language versions, the Italian version shall prevail, to the extent permitted by mandatory consumer protection provisions, which entitle the consumer to receive the information in a language they can understand.