These Terms of Use of the Site are intended to govern your use of the Site. Users are invited to read the Terms of Use before continuing to browse the Site www.castelli-cycling.com (the “Site”). Access to and browsing the Site, in fact, imply the users’ acceptance of the provisions indicated below.

The Site is owned by Manifattura Valcismon S.p.A., with registered office in Via Guglielmo Marconi, 81/83, 32030 Fonzaso (BL), Italy (the “Owner”).

Users who disapprove of the contents of the Terms of Use are invited to promptly suspend their browsing the Site.

Purposes and Functions of the Site

The Owner uses the Site to promote the sale of products and collections of the Castelli brand. Additional functions are provided within the Site, such as, for example, the possibility of registering on the Site by activating a personal account in order to access reserved areas and content, newsletter services relating to the products and initiatives of the Owner, participation in promotional initiatives and the creation of customised lists of favourite products (“wish lists”).

Products. Limitation of Responsibility

The images and information on the products and services offered on the Site are published for descriptive or promotional purposes only. The Owner undertakes to ensure that the information on the Site is accurate and constantly updated; however – without prejudice to the provisions in the General Terms and Conditions of Sale with reference to the relationship with the consumer – it is not possible to provide any guarantees regarding the correctness, completeness, accuracy or up-to-date relevance of the information on the Site (including, for example, descriptions of products, services, prices and/or information on availability).

The Owner may, temporarily or permanently, modify or remove products and/or services, and their related characteristics and specifications, which are displayed or made available through the Site, as well as modify the prices of such products or services, also without giving any notice about such modifications.

To the maximum extent permitted by applicable law, the Owner shall under no circumstances be liable to users or third parties for any damage or loss arising from the use of the Site and/or the contents therein, or of any information contained in the Site or products for sale.

The Owner also declines all responsibility for any indirect damage, regardless of its cause, origin, nature and consequences, including, but not limited to, any costs incurred or any other loss of intangible assets arising from the use of the Site or from the impossibility to use it or from the confidence placed on the information made directly or indirectly available on the Site. In any case, no provisions in the Terms of Use excludes or limits the liability of the Owner in the event of wilful misconduct or gross negligence or for any other liability that under applicable law cannot be excluded or limited.

Users agree to indemnify and hold the Owner harmless from any legal action, claim, claim by third parties and related damages and expenses, including legal expenses, arising from or connected with use of the Site in any irregular and/or unlawful manner

Intellectual Property Rights

All registered or unregistered trademarks, service marks and trade names (for example, the CASTELLI name and Scorpion Logo), as well as any and all other intellectual property, distinctive mark or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site are the property of the Owner and/or are licensed by the Owner.All such intellectual property remain the exclusive property of the Owner and/or its assignors/licensors. Access to the Site and/or the conclusion of any Purchase Agreements shall not give the user or any Customer any right whatsoever to such intellectual property and other intangible assets. Any use, even just partial use, of the same is prohibited without the prior written authorisation of the Owner, which enjoys all the related rights on an exclusive basis.

Third-Party Content

The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages managed by third parties. The Owner does not exercise any control or monitoring over the contents of third parties and therefore assumes no responsibility for the accuracy, security or reliability of the contents of third parties and cannot guarantee, and does not guarantee, that such contents are free from viruses or other functions capable of damaging users’ data and/or assets.

The Owner declines all liability with respect to any loss or damage arising from or connected with the user’s access, use and reliance on any third-party content.

Guarantees

The Owner does not acknowledge any guarantee that the Site, including its contents, services and functions, is free from interruptions, that any defect found therein will be corrected or that a user's use of the Site will produce any specific result.

In addition to the foregoing, the Owner does not acknowledge any express or implied warranty of the Site’s accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.

Use of the Site

Users may use the Site exclusively for personal use, not for any commercial purpose and which in any case is fully compliant with the Terms of Use and all applicable laws.

The Owner reserves the right to interrupt or suspend the access or use of the Site by Users, without any prior notice, if it deems it reasonable that a user has breached the Terms of Use or considers such action necessary for security reasons.

Changes to the Terms of Use

The Owner reserves the right to modify, revise, add or delete the Terms of Use, at any time and without prior notice. Users are therefore invited to read the Terms of Use.If a user does not accept any of these changes, the user is invited to stop browsing the Site and no longer use any of its functions.

Applicable law

These Terms of Use are governed by US/Oregon law.

1. Certain products may be eligible for customization. The client may request Manifattura Valcismon S.p.A. to print on the custom products only trademarks, domain names, logos, company names or other images or written texts (“Logos”) that do not infringe any third party’s rights. In particular, without limitation, the client  may not use Logos incorporating intellectual property rights of a third party without express consent from such third party.
    
2. The client declares that the client is the owner of, or has valid legal title to use, the Logos.
    
3. The client acknowledges that Manifattura Valcismon S.p.A. reserves the right to require proof that the client is the owner of, or has valid legal title to use, the Logos.
    
4. The client accepts that Manifattura Valcismon S.p.A. reserves the right to reject, in its sole judgement, any order for the custom product if the relevant Logos (a) infringe or may potentially infringe third parties’ intellectual property rights, (b) may be considered abusive, insulting, discriminatory, violent or anyhow contrary to public decency, or for any other justified reason. In such a case, Manifattura Valcismon S.p.A. will notify the client thereof and will refund any amount already paid by the client, with the exclusion of any other right or claim of the client.
    
5. The client accepts to indemnify and hold Manifattura Valcismon S.p.A. and any of its affiliates harmless of any damage, loss, cost or expense (including reasonable legal costs) arising from any claims for infringement of third parties’ rights. 
    
6. The client who creates or submits a Logo(s) and shares such Logo(s) (including, without limitation, through group order functionality available on the website, such as Team Store) with other clients who then purchase products customized with such Logo(s), extends the above declarations of responsibility and indemnity to all purchasers of the products bearing the Logo(s).

All orders placed from the Castelli online design lab are custom, made-to-order, products and therefore not eligible for refunds or returns. All sales are final. Products with a manufacturer’s defect can be returned within 30 days for a full refund.

Please carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site.

Subject

These General Terms and Conditions of Sale govern the remote sale of products on the site www.castelli-cycling.com (“Site”). The purchase of products through the Site is allowed only to natural persons who are consumers whopurchasing products for personal use and not forpurposes of resale or any other entrepreneurial, commercial, craft or professional activity. In the event that you are nota consumer, please contact Customer Service for referral to anotherB2B channel.

The owner of the Site Manifattura Valcismon S.p.A. and the Seller is MVC-USA, LLC dba Castelli Sportif USA, with registered office in 1040 NE 44TH AVE, STE 1
Portland, OR 97213.

Acceptance of the General Terms and Conditions of Sale

Only customers with the legal capacity to enter into binding agreements in compliance with the applicable law (“Customer” or “User”) are allowed to conclude a purchase order for products on the Site (“Order”).

Orders are governed by these General Terms and Conditions of Sale and by any laws or regulations that may be applicable from time to time to an individual Order. Customers are requested to carefully read the General Terms and Conditions of Sale before completing an Order.Each Customer accepts and is bound by the General Terms and Conditions of Sale when completing an Order.

The version of the General Terms and Conditions of Sale published on the Site at the time that the Customer submits an Order will therefore apply to the Order.

Products

All the products offered for sale are illustrated in detail on the Site, within the respective sections, organized by product categories.

Resale of products purchased on the Site is prohibited.

All visual representations of products published on the Site (e.g. photographs, videos, etc.) are provided merely as a rough guide to the features of the products.Such representation is solely provided for the purpose of showing the products for sale to the public, andminimal differencesmay exist between the image of a product published on the Site and the actual appearance and features of the same product (for example, with reference to the actual dimensions and/or chromatic aspects of the products and/or packaging).

In the event of differences between the product image and what is indicated in the text of the product information sheet, the text of the product information sheet will always be deemed accurate.

Orders

To place an Order, Customers must follow the instructions on the Site.In particular, Customers may decide whether to proceed with registration on the Site following the instructions provided by the registration program and providing the data required therein or, alternatively, completing the Order as a guest without registering on the Site.

To place an Order, Customers must fully complete and submit the order form on the Site.

Customers must carefully verify the correctness and accuracy of the data entered and promptly inform the Owner of any error in such data.Any higher costs for the execution of the Order caused by the imprecision of the data provided by the Customer and/or shown in the Order Confirmation may be charged to the Customer.

Conclusion of Order

The order form sent by the Customer will constitute an offer to purchase products with ails full knowledge and acceptance of the General Terms and Conditions of Sale.The Owner reserves the right to accept or reject this offer.

The contract for the sale of the products between the Owner and the Customer shall be considered entered into only with the subsequent to Seller sending Customer an order confirmation via email (“Order Confirmation”).

The Order Confirmationwill contain all the essential data with respect to the Order, including, by way of example, the list of products purchased, the price of the products, any shipping costs, the Customer's identification data, the billing and delivery addresses, as well as links to the General Terms and Conditions of Sale.

The Order Confirmation will bear a unique Order identification number, which must be reproduced in any subsequent communication by the Customer to the Owner.

Each Order may be viewed by the Customer on the Site, in the Cutomer’s personal area if the Customer is registered on the Site, or in other cases, by contacting the Owner’s Customer Service after the Order has been sent. Without prejudice to the provisions in the Owner’s Privacy Policy, such data will be available on the platform for a period of 12 months from the delivery of the Order.

Prices

The prices of the products that can be purchased on the Site, including sales taxes and VAT (where applicable), are indicated on the same Site in a clear and transparent manner.

The delivery costs are made known to the Customer during the Order checkout phase and confirmed in the Order Confirmation.The cost of each shipment may vary depending on the delivery method, the timing of delivery and on the place of delivery and/or the total amount of the Order.

Any changes to the prices of products will take effect from the date the new prices are published on the Site.

Invoicing and Payment Methods

For the payment of the cost of the Products and the relative shipping and delivery costs, the Customer may use one of the methods indicated on the order form.Some payment methods are only available in certain countries.Payment methods that are not available cannot, in any case, be selected by the Customer during the appropriate check-out phase.

The Owner charges the purchase price at the time of the Order confirmation.

The Owner uses a primary payment gateway to authorise payments for Orders.Therefore, the Owner does not directly manage any financial information about the payment method used by the Customer, nor does the Site process any financial information forwarded by the Customer in order to complete the Order.

To ensure maximum security in purchases, payment information sent over the internet is encrypted by the SSL (Secure Socket Layer) protocol. All data is transferred in an encoded form using this SSL certificate and therefore cannot be intercepted by external parties.

In the event of any errors, negligence or unlawful act by the payment gateway and payment intermediation systems for the management of the transaction associated with an Order, the Owner will not beresponsible or liable for such error, negligence or unlawful act.

Delivery methods

The Owner delivers the products to USA.

The delivery times indicated in the order are only a rough guide, are not binding and may be extended.In any case, the Owner undertakes to deliver the products without undue delay and in any case no later than thirty days from the conclusion of the contract (subject to supply chain constraints and other causes beyond the control of Owner) The Products will be delivered using a recognized delivery service.Delivery times vary depending on the destination of the delivery.Delivery times may vary for different reasons (for example, weather conditions, strikes and other events constituting beyond the control of the Owner).

The Owner shall not be liable in the event of delay in dispatching an Order or in the delivery of the Products purchased.

The products ordered will be sent to the postal address specified by the Customer.When the Owner hands over the Order to the delivery service, the Owner will promptly send the shipment Confirmation.

Orders are delivered only on working days using the courier indicated in the purchase procedure. Delivery is deemed to be completed when the Product is made available to the Customer at the address specified in the Order.

In the event of non-delivery due to the recipient's inability to receive the Order, the delivery service will send a notification email to the recipient and try a new delivery according to procedures established by the courier.

If it is impossible to make a new delivery because the recipient’s inability to receive the Order,Customer Service will attempt to contact the Customer to schedule a further delivery.

If Customer Service is unable to contact the Customer for the following ten (10) days or in the event that the Order cannot be delivered for reasons attributable to the recipient, the products included in the Order will be returned by the courier to the Owner.

Promptly following delivery of Products to the Customer, the Customer must carefully inspectthe Products to check that the number of pieces delivered corresponds to what is indicated in the transport document and that neither the packaging nor the Products are damaged or otherwise altered.

Any damage to the packaging or the Products or the non-conformity of the number of pieces/packages to the Order or any other similar information must immediately reported by the Customer Owner’s Customer Service specifying the Order for which such issues have occurred.

Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that lead to a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by the Owner, will entitle the latter to split, postpone or cancel, in whole or in part, the scheduled delivery or to cancel the Order.

In such cases, the Owner will be responsible for promptly and adequately communicating its determination to the email address specified by the Customer and the latter will be entitled to a refund of the price already paid, and – without prejudice to any other law orregulatory provision – the Customer shall be precluded from making any further claim of any kind against the Owner.

Return of Products

Within thirty (30) days from the date of delivery of Products to the Customer, the Customer may elect to returnthe Products without any penalty and without having to specify any reason.

The delivery date of the Products will be determined by reference to the the website of the delivery service.

If the Customer elects to return a Product within the period specified above, the Customer must notify the Owner by one of the following methods:

- send a communication to the email address sales@castelli-us.com

- use the procedure on the Site: log in to the Account, click on the “My orders” link in the Account, select the Order, click on “return” and follow the instructions to return the Products. If the Customer does not have an Account, the Customer can use the “Guest” mode and follow the procedure described above through the “Returns” link available in the homepage footer.

The Seller may offer the return at a predetermined cost using shippers selected in the countries and at the cost indicated on the Site.

For more detailed information, the Customers shouldconsult the return procedure section on the Site [https://www.castelli-cycling.com/customer-service/returns-and-refunds].

The Owner only accepts returns of Products that have not been used, washed or ironed, worn or damaged. In particular:

- The returned Products must be returned with every label, security seal, packaging and accessory (case, coat hanger, clothing cover, etc.) received with the Order.

- Products, labels, security seals, packaging and accessories must not show any signs of use, or scratches, or have been altered in any way (worn, washed, ironed, etc.).

The Customer shall therefore be liable for any diminished value of the Products resulting from the handling of the Products other than that which is necessary to establish the nature, features and operation of the goods.This means that the refund in the event of a Return is reduced in proportion to the reduced value resulting from handling other than that which is necessary to establish the nature, features and operation of the goods.

In addition, no return will be allowed for Products customised in line with the Customer's request.

The Owner only accepts the return of Products purchased through the Site (castelli-cycling.com). For warranties and returns of products that have not been purchased on the Site, Customers must contact the store where they purchased the goods.

If the requirements fora return has been verified by the Owner to have been satisfied, the Owner will inform the Customer about the acceptance of the return and will proceed to make a refund for the purchase price and for any shipping costs incurred by the Customer for the purchase of the Products.

The Owner will use commercially reasonable efforts to carry out the refund procedure within fourteen (30 (thirty) days from the day on which the Owner is informed of the Customer's decision to return the Product. The Owner may withhold the refund until the date on which the returned Products are received by the Owner or until the Customer has demonstrated to the satisfaction of the Owner that they have sent the Products back, whichever comes first.The refund will be made through the same payment method adopted by the Customer in placing the Order.

In the event that the Customer has returned the Products without satisfying the conditions set forth above,the Owner will not be obligated to make a refund with respect to such Products. In this event, the Owner will return the Products to the Customer, upon verification of his/her availability in this regard, reserving the right to charge the subsequent shipping costs to the Customer.

Warranty and Disclaimers

The Warranty set forth below is only for the benefit of natural persons who is are an original Customer purchasing products for personal use and not for purposes of resale or any other entrepreneurial, commercial, craft or professional activity,.

The Seller will be liable to the Customer for any lack of conformity existing at the time of delivery of the Product, subject to the limits and under the conditions provided for by the applicable laws and regulations.

Except as provided in the clause “Applicable Law and Jurisdiction”, warranty for Products sold on the Site lasts for a period of two (2) years from the date of delivery of the Products to the Customer.

In the event that a non-conforming Product is delivered, the Customer may request the restoration, at no cost, of the Products’ conformity by repair or replacement.If this is not possible and in the other cases provided for by the applicable laws or regulations, the Customer will be entitled to a corresponding reduction in the price or refund of the price and (where incurred) of the shipping costs.

The mere receipt of the Products by the Owner after the activation of this procedure does not imply, in any way, the recognition of a lack of conformity of the Products (since an accurate verification by the Owner is first required).

Without prejudice to the provisions of the “Applicable Law and Jurisdiction” clause, the action aimed at asserting hidden defects by the Customer is, in any case, statute-barred after twenty-six months from the delivery of the product.

Personal Data Processing

Customer data is processed by the Owner in accordance with the provisions of current legislation on the protection of personal data, as specified in the information contained in the “Privacy Policy”published on the Site.

Communications and complaints

All communications or any claims of the Customer against the Owner regarding the completion of Orders or requests for intervention under warranty, must be notified through the appropriate contact forms or by email to: [sales@castelli-us.com] or through the chat-box.

The Owner undertakes to satisfy the Customer's requests and needs, where possible, and to resolve any dispute with the Customer in an amicable manner.

Applicable Law and Jurisdiction

Ordersmade through the Site shall be governed by the internal laws of the State of Oregon, USA.The parties consent to jurisdiction with respect to any dispute related to an Order (and related matters) in the state and federal courts situated in the Multnomah County, Portland, Oregon, USA.