1.1 This contract ("Contract"), concluded following the acceptance referred to in Article 2 below by The Flow Srl ("TheFlow") based in Mondovì, Via Trieste, 12/14, has as its object the supply of sports products related to cycling (the "Products") as indicated on the website called TheFlow.bike.
The supply of the Products will take place for the duration and in the manner established for each product chosen on the website of TheFlow by the natural or legal person ("User") who, after correct and truthful registration of their data (the "Data") and payment of the fee referred to in Article 3 below, has completed and sent electronically to "TheFlow" the order form on the website by clicking on the appropriate buttons located at the bottom of the web pages.
The Order Form will clearly indicate, at the end of the order procedure, the total price of the Products including shipping costs at the address indicated by the User.
1.2. TheFlow will deliver the Products to the User at the address indicated by the same. TheFlow has the right to change at any time and at its sole discretion the terms and conditions of delivery by providing notice on the website TheFlow.bike.
2. Effectiveness - Withdrawal
2.1 The Contract will be valid and effective from the day (the "Effective Date" ) on which TheFlow, taken note of the payment by the User of the consideration of the products chosen by the latter, after correct and truthful registration of their data, if not already done, will ship the Products. To this end, TheFlow and the User mutually and expressly acknowledge that the beginning of the supply of the Products by TheFlow will constitute for all purposes of law and Contract acceptance of the User's proposal, proposal that, regardless of the exact fulfillment by the User of the provisions contained in this article 2.1, TheFlow will still have the right, at its sole discretion, not to accept.
It is understood that the customer with the subscription of the Order Form undertakes in all cases to withdraw and pay the fee for what is due, except then make use of the right of withdrawal in time and in the ways permitted by law.
2.2. The User has the right, pursuant to and for the purposes of Legislative Decree No 185/1999, to withdraw from the Contract within 15 (fifteen) working days from the date of receipt of the goods, by sending written notice at the headquarters of TheFlow, by email, containing (a) the expression of the wish to exercise the right of withdrawal, (b) the indication of the Products purchased, (c) the date on which the Order Form was sent. The right of withdrawal is and remains excluded if the goods have been used, is not in the original packaging or has any discrepancy such that it can no longer sell the product as new.
In this case, the User must return the products, intact and packaged in the original packaging, to TheFlow free of charge within 15 (fifteen) days of receipt of the Products.
Only in the event of compliance with the aforementioned requirements, the User can obtain from TheFlow a refund of the price of the Products. This refund will be made within 60 (sixty) days after the return of the Products, refers exclusively to the price of the Products as shown in the Order Form, minus shipping and delivery costs.
3. Consideration and payment terms.
The User will pay to TheFlow, as consideration for the supply of the Products and the related shipping costs, only the amount indicated in the Order Form at the time of payment. Payment will be made by credit card (American Express, Mastercard, Visa), paypal or bank transfer .
Notwithstanding the foregoing, TheFlow reserves the right to modify at any time the price of the products indicated on the TheFlow website.
4. Non-payment of consideration - Suspension and termination of supply.
The User acknowledges that, in the event of unsuccessful payment, following the checks carried out by the payment system in use, TheFlow reserves the right to suspend and/or interrupt and/or definitively cease the supply of the Products. TheFlow's right to activate, in the manner and within the time allowed by Italian law, procedures and human resources, internal and/ or external to the company itself, intended for the recovery of payments and ancillary costs related to the products in the catalog.
Any communication relating to this Agreement must be made by the User by e-mail and will be considered valid and effective upon receipt of the same at the following address of TheFlow.bike: "email@example.com".
6. Applicable Law and Disputes.
6.1. This Agreement is subject to Italian law. The possible nullity and/or invalidity, in whole or in part, of one or more articles does not overwhelm the other articles contained in the present Contract which must therefore be considered fully valid and effective.
6.2. Except as provided by Article 1469a, third paragraph, No. 19 of the Civil Code, for any dispute arising between the Parties in connection with this Agreement, including disputes relating to its interpretation, stipulation, execution, legal existence and non-existence, validity and invalidity, withdrawal and termination shall be the exclusive jurisdiction of the Court of Cuneo.
Approval pursuant to articles 1341 and 1342 Cod. Civ.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, I hereby declare that I have carefully read and examined all the clauses and conditions contained in this Agreement, accept and specifically approve the following provisions 1, 2, 3, 4, 5, 6.
Cuneo, 1st February 2020