Battaglin

CONDITIONS AND GUARANTEES

1. SUBJECT

Battaglin Cicli Srl, Viale Vicenza 4/1 – 36063 MAROSTICA , VI, Italy, guarantees its own products which are free from defects within the materials or in the manufacturing process in accordance with the conditions set out by this Policy.
Products acknowledged by Battaglin Cicli as being faulty will be repaired or replaced at no cost, at the discretion of Battaglin Cicli, directly at its headquarters. This Policy does not prejudice any rights guaranteed by national regulations in relation to consumer goods guarantees.

2. EXCLUSIONS
This guarantee does not cover:

1. products lacking an invoice or tax receipt, both because it will not be possible to establish the date and place of retail purchase, and because they may have an illegal or illicit origin;
2. products from which the identification branding has been removed (serial number, production batch, product code, etc);
3. damage resulting from accidents, tampering, negligence, misuse or improper use, lack of appropriate or reasonable maintenance, corrosion, incorrect assembly, repairs carried out inadequately or spare parts fitted improperly, use of spare parts or incompatible accessories, use with incompatible components, modifications not recommended or approved by Battaglin Cicli in writing, normal wear and tear and deterioration owing to product use, commercial use of the product;
4. aesthetic imperfections in relation to the surfaces, the finish or any aspect of the product which would have been evident or identifiable at the time of product purchase; any expenses connected with transporting the product to Battaglin Cicli Srl;
5. compensation for inconvenience or for not being able to use the product while it is in the process of being repaired or replaced.

3. PURCHASER
This guarantee is offered solely to the original product purchaser and cannot be extended to third parties.  The purchaser’s rights in relation to this Policy cannot be ceded to other parties.

4. VALIDITY PERIOD
This guarantee is valid for 2 (two) years and this is to take effect from the date of retail purchase.

5. EXCLUSIVITY AND PREVALENCE
This guarantee takes the place of any previous guarantee, declaration or commitment made in writing or verbally, and regulates in full the relationship between the parties in relation to the guarantee of this product. Any condition or guarantee clause not provided for by this Policy is specifically excluded.

6. DAMAGES
With the exception of what is expressly set out by this guarantee, Battaglin Cicli Srl must not be held responsible for any indirect or accessory damage associated with use of the product, nor for any claim or demand under this policy, both when the claim is of contractual origin, and when it derives from a presumed illicit act or otherwise. These guarantee clauses are exclusive and substitutive of any other recourse. Some countries do not allow the exclusion or limitation of accessory or indirect damage, therefore this limitation or exclusion may not be applied to your case.
In the event of presumed non-fulfilment of the guarantee, or in the event of any legal action brought by the purchaser based upon the presumed negligence of Battaglin Cicli Srl, the sole, exclusive recourse for the purchaser will be the repair or replacement of the defective products as previously indicated.

7. WAIVER
Any implicit guarantee of merchantability or suitability for a particular purpose and all the implicit guarantees deriving from commercial customs, laws or otherwise are strictly restricted to the terms of this Policy. This guarantee is the sole, exclusive recourse for the purchaser in relation to the purchase of this product. Nobody is authorised to change, to extend or to broaden this guarantee except for Battaglin Cicli itself. The execution of any guarantee service under this Policy does not constitute admission or acceptance of the fact that the planning or manufacture of a product is defective.
 
8. PROCEDURE
In the event of defects covered by this guarantee, the purchaser must contact Battaglin Cicli Srl. In order for complaints to be honoured, they must be presented within the guarantee period and within eight days of identification of the defect. Determining whether the defect is covered by this guarantee or otherwise is at the sole, exclusive discretion of Battaglin Cicli Srl. Battaglin Cicli Srl reserves its right to interrupt production of articles and to modify specifications for existing products at any time without forewarning and will not be obliged to incorporate any new features in products sold previously, even in the event that said products are returned for a complaint under the guarantee. Battaglin Cicli Srl may replace faulty parts with similar parts where identical parts are not available. Before sending any product, the purchaser must obtain from Battaglin Cicli the authorisation code to return the product. A code will be provided which must be made clearly visible on the outside of the product packaging. The issue of an authorisation number does not constitute acceptance of the complaint which will be evaluated by Battaglin Cicli following inspection of the product. The product and all its parts must first be cleaned (dirty products will not be handled / inspected) and then packaged in a secure manner to avoid damage during consignment, and must be accompanied by: 

• the tax receipt or invoice proving the date and place of the retail purchase of the product;
• a detailed description of the problem found with the product;
• a chronological list of the maintenance interventions carried out to try to remedy the problem;
• a list of the components used with the product;
• an estimate of mileage the bicycle has travelled;
• your name, address, telephone numbers and email address;
• a specific cancellation request if you do not want your data to be kept for future reference following handling of the complaint.

9. APPLICABLE LEGISLATION AND COMPETENT COURT
Any disputes deriving from this Policy or from the use of this product will be regulated by current Italian legislation and the competent court will be that of Bassano del Grappa VI, Italy.

10. WARNING
It is recommended that the product instructions are followed very closely when carrying out use and maintenance procedures. Not following these procedures could damage the product and cause accidents.