Terms of Sale

Last Updated: March 15, 2017

Introduction

These Sales Conditions govern the offer and sale of products on the Sherlock www.sherlock.bike.it site (the “Website”).

The anti-theft solution for bicycles designed and sold by Sherlock consists of a combination of an electronic device (” Sherlock Products “), designed to be installed inside the handlebar, and a service (” Sherlock Services “) available through App (“Sherlock App”) on smartphones (not provided by Sherlock). These Sales Conditions apply to the sale of the Products on the Sherlock Website. For the use of the Sherlock Services, please refer to our Terms of service here. Please refer to the terms and conditions of the App Store,  not managed by Sherlock, for all the sales made by the  App sales (eg .: App Apple Store, Google Play Store, etc.),.

The Sherlock Products purchased  directly on the Site are sold directly by Sherlock srl, with headquarters in Italy, c.so Castelfidardo 30 / A, 10129 Turin, P.I. and C. F. 11360090010; R.E.A. Turin n. 1207210,( registered capital of € 10,000).

Sherlock uses:

– Woocommerce, https://woocommerce.com/, to develop the site; and

– Stripe, https://stripe.com/it, for the management of the online payment service of Sherlock products. Please refer to their sales conditions.

Scope

You must carefully read these Sales Conditions.

The execution of a purchase order (“Order”) from the Website, by the User of these Terms of Sale, constitute the legal agreement between Sherlock and the User. The offer and sale of Sherlock Products on the Site constitutes a distance contract governed by: a) Legislative Decree  April 9, 2003, n. 70 which includes the rules of electronic commerce (e-commerce) and Sect. 45 et seq. Legislative Decree September 6, 2005, n. 206 ( “Consumer Code”) and subsequent amendments.

The Sale Conditions applicable are those in effect on the date of the Order and can be changed at any time by Sherlock. Any changes and / or new conditions will be in force from the moment of their publication on the Website. Customers are thus advised to regularly access the Website to check for any changes and / or updates of Sales Conditions, and of the date of the last update above indicated in this page.

The present Sales Conditions are applicable in the countries mentioned here, where Sherlock Products and Services are distributed and active.

Limitation of Liability

These Sales Conditions do not regulate the sale of products and / or provision of services by persons, other than Sherlock, that are present on the site through links, banners or other hypertext links. Before engaging in transactions with these parties it is necessary to check their terms of sale. Sherlock is not responsible for the provision of services and / or for the sale of products on the part of such individuals. On the websites accessed through such links Sherlock exercises no control and / or monitoring.

Shopping on Website

The purchase of the Sherlock Products on the Website is restricted to only those who have reached the age of 18 and can be achieved only by registration to the Website and create an account by the User, (“Sherlock Website Account”). Registration on the Website is free and, in this regard, please also refer to the Sherlock Terms of Service, found here.

The Website is reserved to retail. Under no circumstances, retailers, wholesalers or, in general, all those who wish to become the Sherlock products could make on-site purchases for the purpose of subsequent resale. The purchase of Sherlock Products on the Website is therefore only granted to Members who hold the quality of consumers. Under Section. 3, paragraph I, letter. a) of the Consumer Code, the Consumer is a natural person who is acting for purposes unrelated to entrepreneurial activity, commercial, professional or craft eventually carried out. The inclusion of VAT in the payment checkout procedure is not considered index of purchase conduct for purposes related to the business enterprise, commercial, craft or profession, but it is necessary for the sole purpose of issuing an invoice, if requested by the User at the time of purchase.

In case of violation of the prohibitions contained in these Sale Conditions, Sherlock reserves the right to take all necessary actions to put an end to irregularities, including the suspension of access to the Website, the cancellation of the registration or the non-acceptance / cancellation of orders.

Conclusion Of The Contract

In accordance with Legislative Decree 9 April 2003, n. 70, which includes the rules concerning electronic commerce, Sherlock informs the User that:

  • to make the purchase of one or more products Sherlock on the Website, you must complete an electronic order form and send it to Sherlock,  following the instructions that appear from time to time on the Website;
  • before submitting the order form, the User can identify and correct any input errors by following the instructions indicated on the Website and in the different phases of the purchase;
  • must also accept the Terms of Sale;
  • all orders placed are subject to our prior approval. Sherlock reserves the right to refuse your order for any reason, not assuming any liability to you or any third
  • Sherlock will send a confirmatory email about the delivery of the Products ordered by the User: this communication constitutes acceptance of the order and the formalization of the contract.
  • Sherlock is a virtual retailer that builds its commercial offer, not only on the goods present in its stores, but also based on their availability granted by its suppliers. The Website is constantly automatically updated to ensure the best match between the actual availability and those indicated on the Website. However it can happen, also because of the possibility that the more users simultaneously purchase the same Sherlock product, that the one ordered is no longer available after the issuing of the purchase order. In that case, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the User will be promptly notified by e-mail of this eventuality and will, thus, be entitled to immediately solve the contract and obtain compensation for any damage, pursuant to and by effect of Section. 61, paragraph 4 e 5, of the Consumer Code. The Consumer who wants to legitimately withdraw the order, even after the payment , will receive reimbursement by Sherlock to the total amount paid, including  of delivery fees and any other costs possibly incurred and shown in relation to the order.

Prices

Prices of Sherlock products offered for sale on the Website, are listed on the same Website and expressed in Euros (€), including VAT (if due) and WEEE (where applicable).

The delivery costs are not included in the prices listed on the Website: they be added to the total amount when a delivery service, from the available options, has been selected.

Sherlock may change prices at any time prior to (but not after) acceptance of your order.

In the rare case where the price of a product has been incorrectly indicated on the Website, Sherlock will contact the User by email to check if he still intends to proceed with the order at the correct price.

If not, or in the absence of indications about the User, the order will be deleted. Unless the order is shipped, Sherlock will not be obliged to sell  Sherlock Products at an incorrect price.

Payment methods

Payment of Sherlock Products purchased on the Website may be made by the payment methods listed in the following paragraphs. Some payment methods may not be allowed due to the type of product purchased and / or of delivery or shipping arrangements. The payment methods actually available to the User in relation to the single Product will be specifically indicated during the purchase process.

Credit card

Payment of Sherlock Products purchased on the Website may be made by credit card through the Website, where there a list of all the credit cards accepted by Sherlock. To pay by some credit cards may be required to add an extra contribution. The request for this contribution and the exact amount will be the same, if payable, clearly and specifically named in the selected page of the payment method during the checkout process.

The use of a credit / debit card to pay for your order, You guarantees and confirms that this credit / debit card used belongs to You. All holders of credit / debit card are subject to validity checks and authorization by the card issuer. If the issuer of your card does not authorize the payment, Sherlock will not accept the order and  will have no obligation to inform the User about the reason of the rejection.

Similarly Sherlock will not be responsible for charging fees from the card issuer or the User bank for processing the payment.

Sherlock will never be able, during the whole purchase procedure, to know information about the User’s credit card, which are sent via secure connection directly to the card issuer’s website. No Sherlock computer file retains such data, except for the credit card and related data.

Delivery

The obligation to deliver is fulfilled by the transfer  to the User of the material availability of the Sherlock products or otherwise their control.

The delivery of the Products purchased on the Sherlock Website is performed only  in which Nations, listed here, where Sherlock product and Sherlock services are distributed and active.

Delivery will be made to the delivery address provided, on the Website, by the User at the time of the order, only if that address is inside the territory of the abovementioned Nations. Orders that contain the indication of a shipping address outside the territory of those Nations,  will be canceled according to  Art. 1456 of the Italian civil code and, if already paid, the total amount of the price due will be refunded.

Delivery can also be carried out in the “Free-trade zones”, including, without limitation, the town of Livigno, Campione d’Italy, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Islands Channel (GB) or at post offices or postal boxes. In the event that the shipping address provided by the User is at a post office box or a post office or in one of the abovementioned Free-trade zones, Sherlock will proceed to terminate the contract pursuant to art. 1456 of the Italian civil code and, if already paid, the price of the Sherlock Product will be refunded.

In case of doubt about the delivery address, please contact our assistance service at: support@sherlock.bike.

The delivery costs are always accepted by the User and, in the event of termination of the contract or in any case of reimbursement of the sale price of Sherlock products,  they will not be refunded. The amount of delivery costs – which can vary in relation to the delivery mode choose by the User, as well as in relation to the destination, the number and weight / volume of Sherlock products- will be expressly and separately indicated before the User’ confirmation of the purchase order. This amount will eventually be shown in the e-mail order confirmation.

Where applicable, customs duties will be paid by the User and also will not be refunded in case of cancellation of the contract or in any case reimbursement of the price of the Sherlock Products; However, the amount of the customs duties cannot be defined at the time of the purchase, but it will be indicated by the logistic operator, and shall be paid directly upon delivery of the purchased Sherlock product.

The delivery of the purchased Sherlock product will be done at street level.

We recommend the User to check at the time of delivery:

• that the number of boxes is the same as indicated in the confirmation email;

• that the packaging is not damaged or wet or otherwise altered;

• that the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way.

We recommend the User to report any damage to the packaging or the mismatch in the number of packages by putting “To Inspection Words” and specifying the reason of delivery courier.

Any delivery, of Sherlock Products, accepted without reserves, will inhibit any legal action against the carrier in case of loss or damage of Sherlock products, except in the case where the loss or damage is due to willful misconduct or gross negligence of the carrier itself, and except for the partial loss or damage not identified at the time of delivery.

About Sherlock Products

All information about our Products displayed on the Website are the most truthful and accurate as possible. If you have any doubts about the compatibility of the product Sherlock with your own bike, please refer to the Compatibility Guide, available here.

Sherlock is not responsible for any non-compatibility between the Sherlock App and the smartphone or the mobile device owned by the User.

All Sherlock Services requires the following operating systems: iOS 9 or Android 4.4 and later.

Right of withdrawal

Under section. 52 et seq. of the Consumer Code, within the period of fourteen calendar days ( “Withdrawal period”), Users have the right to terminate the contract of purchase of the product without giving any reason and without incurring in costs other than those necessary to the return of the Product, as provided in this section.

To exercise the right of withdrawal, the User must inform Sherlock, before the expiration of the withdrawal period, of his decision to withdraw. Please refer to the contacts section of the Customer Service and Claims

All the Products sold on the Website are original and are shipped in their authentic packaging; all Sherlock Products must be returned as received, in their original packaging, including any accessories (eg. cables, batteries, manuals …) and / or elements that are an integral part (cap of the device, cap twin to the other end of the handlebar).

The withdrawal also applies to Sherlock products in their entirety. It may not be exercised in relation to parts and / or accessories of the Sherlock products. The Sherlock Products, properly packed and protected, must be promptly sent to Sherlock no later than the deadline of 14 calendar days from the date on which the User has communicated to Sherlock its decision to withdraw. The deadline is respected if the User sends the product before the expiry of the 14 day period.

For the purposes of return, any Sherlock Product returned will be tested or verified but should not have been used or damaged; they need to be returned by the User perfectly intact and suitable for the intended use, free of signs of wear or dirt, and complete in all its parts, with all accessories and package leaflets, labels, where present.

Reimbursement will be paid by using the same payment method and delivery address chosen by the User.

If the withdrawal has not been exercised during the Withdrawal period, or if the Sherlock Product not is intact in all its parts and / or accompanied by its accessories and / or elements that are an integral part (eg labels, manuals, cables, batteries, manual, cap …), the termination of the contract could not be complete    and, consequently, the User will be not entitled to any reimbursement.

Within 14 working days from the receipt of the Sherlock product returned by the User,  Sherlock will notify by e-mail the rejection of the request for withdrawal.

If the Sherlock Product will be not intact in all its parts, nor accompanied by its accessories and / or elements that are an integral part (eg labels, manuals, cables, batteries, manual, cap …), the refund amount will be reduced by an amount equal to the diminution in value of the Product.

The reimbursement will be paid within 14 days after receiving the Sherlock Product. The Product, properly packed and protected, must be sent to Sherlock within 14 calendar days from the date on which the User has communicated to Sherlock its decision to withdraw.

Legal Guarantee of Conformity

All Sherlock Products sold on the Website are covered by the Legal Guarantee of Conformity pursuant to Articles. 128-135 of the Legislative Decree n. 206/2005 ( “Consumer Code”) ( “Guarantee Law”).

Sherlock is liable to the consumer for any lack of conformity of the Product at the time of delivery and which becomes apparent within two years from delivery thereof. The lack of conformity must be reported to Sherlock, under penalty of voiding of such guarantee, within two months from the date on which it was discovered.

Unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the Products Sherlock already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer’s burden to prove that the defect existed at the time of delivery of the same.

In order to use the Legal Guarantee, the User must first provide evidence of the date of purchase and delivery. Therefore, the User must retain the purchase invoice, which Sherlock sends via e-mail, as well as DDT or any other document that can confirm the date of purchase.

In the event of a lack of conformity of the Sherlock Product and if Sherlock receives, by the User, a valid complaint within 30 days from the date of purchase, Sherlock will, at its option and to the extent permitted by law,

• to repair the product; or

• to replace the Product with a new Product Sherlock or with a renovated one .

In the event of a lack of conformity, to the extent permitted by law, these are the sole and exclusive remedies available to the User. This legal guarantee is valid only in the countries where the Sherlock Products and Services are sold and activated by Sherlock or maybe by its authorized resellers or agents, and it is permitted by the Italian law or the laws of such countries. The Sherlock Product,  repaired or replaced, will be guaranteed for the remainder of the original warranty period or for thirty (30) days, otherwise for any further period applicable in your jurisdiction.

How to obtain warranty service

To obtain warranty service, Users must contact the email address: support@sherlock.bike, and deliver the Product, in its original packaging or packaging that provides the same degree of protection, to the address specified by Sherlock.

In accordance with any applicable law, Sherlock may request to provide a proof or confirmation of the purchase and / or comply with registration requirements before receiving warranty service. It is User responsibility to preserve any data, software or other material possibly stored or preserved in the product. If such data, software or other materials will be lost or reformatted during service, Sherlock will not be responsible for any damages or losses of this kind.

Exclusions and limitations

This warranty is valid only for the Sherlock Product, manufactured by or for Sherlock s.r.l., identifiable by the trademark, trade name or the “Sherlock” logo attached to it. The warranty does not apply to (a) different products and services from Sherlock products, (b) non-Sherlock hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Sherlock product or integrated in the same product Sherlock.

This warranty does not apply to a product Sherlock, or part thereof, that has been altered or modified by the User or third parties, or if the product Sherlock is inserted into a bicycle  slot not recommended by Sherlock or even if the Sherlock product is not installed in a bike. Furthermore, this Guarantee is not valid: (a) for damage caused by non-Sherlock products; (B) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (C) to damage caused by the use of the product beyond the uses permitted or required by Sherlock or with an incorrect voltage or power; or (d) to damage caused by service (including upgrades and expansions) paid by parties or other Sherlock or this unauthorized. Recovery and reinstallation of software programs and user data are not covered by this warranty.

No dealer, agent or Sherlock employee is authorized to make any modification, extension or addition to this Legal Guarantee. If one or more terms are deemed illegal or unenforceable, the legality or enforceability of the remaining terms shall in no way be affected or impaired.

Damage limitation

Except as required by applicable law, Sherlock denies any liability for incidental, indirect, special or consequential damages, including, without limitation but not limited to, loss of profits, revenue or data, resulting from breach of warranty or condition express or implied, or by any other legal reason, even if Sherlock has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation may not apply in his case.

Applicable law

The purchase agreement entered into on the Site is governed by Italian law.

Users whose residence is outside of Italy may apply provisions deemed more favorable and mandatory, if any, in force in the country where they habitually reside, in particular, as it pertains to the deadline to exercise the right of withdrawal, the deadline for the return of the Products Sherlock,  and, where such right is exercised, to the terms and conditions of notification of such option and the warranty.

Any dispute concerning the application, implementation and interpretation of these Sale Conditions shall be under the jurisdiction of the court system where the Customer resides, provided that the latter is a consumer, as defined by the Consumer Code. The address indicated by the User in the Sherlock Website Account is equivalent to a domicile.

Users who reside in a European Union Member State other than Italy, may also have access, for any dispute concerning the application, implementation and interpretation of these General Conditions, to the European procedure established for small claims, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Customers and Complaints Service

User can request information, assistance or send communications and complaints addressing

Sherlock S.r.l.

Corso Castelfidardo 30/A

10129 Torino, Italia
support@sherlock.bike

Sherlock will reply within 14 working days from the request.