TERMS & CONDITIONS

INTRODUCTION

These terms and conditions of use (the "Terms of Use") set out how to access and use the Bikeflip website. The user who intends to register on Bikeflip website for the purchase and sale of bicycles and bicycle components must accept these Terms of Use during the registration process of his account and during the bike and component insert process. The user must also read and accept the Privacy Policy.

Bikeflip reserves the right to unilaterally amend and/or supplement these Terms of Use. Amendments will be effective when the updated version of this document is accessible through the Site.

By accepting these Terms of Use and the subsequent amendments and/or supplements, the user undertakes to fully respect and abide by them.

These Terms of Use do not have the effect of creating a partnership (regardless of its legal form) between Bikeflip and users, nor relationships falling under employment law, nor a relationship between a commercial agent and the latter's client, nor a franchise relationship.

Should any provision of these Terms of Use prove to be invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect the validity, effectiveness or enforceability of the other provisions contained in these Terms of Use.

WHO WE ARE

Bikeflip S.r.l. is an Italian company with registered office in Rovereto (TN), Piazza della Manifattura n. 1, enrolled in the Trento Register of Companies, VAT/c.f. 02606780225 ("Bikeflip").

For further information please consult the legal information on our website, accessible here: https://www.bikeflip.com/it?modal=imprint

WHAT IS BIKEFLIP?

Bikeflip is a marketplace on www.bikeflip.com (the "Site"), through which users can sell and/or buy from other users, in both B2B, B2C and C2C forms, bicycles and related components, new and/or used and/or refurbished (the "Articles").

Bikeflip does not sell or purchase for its own account the Articles shown on the Site and is not a party to any transaction between Users.

WHO CAN SELL AND BUY ON OUR SITE?

Only users who register on the Site through their own account, by entering a valid e-mail address and password (the "Account"), may sell and/or purchase Articles by executing transactions. For users under the age of 18 years old, the use of the Site must be through registration by and under the supervision of an adult.

Users of Bikeflip Site can be:

·   individuals acting as consumers within the meaning of the Consumer Rights Directive 2011/83/EU and the relevant national implementing laws (the 'Consumer Users');

·   shops, companies, sole proprietorships, no-profit organisations and any other entity marketing the Articles in the course of its business activity (the 'Business Users').

Consumer Users and Business Users are both referred to as the 'Users' and, individually as the 'User'.

The terms and conditions of use of the Site by Consumer Users and Business Users are governed by specific provisions, respectively accessible here:https://www.bikeflip.com/?modal=imprint

ARTICLES THAT CAN BE SOLD ON BIKEFLIP

The Articles that can be sold and purchased on our Site are:

-   Bicycles of all kinds (city bikes, mountain bikes, etc.).

-   Bike Components of all kinds (e.g., pedals, wheels, frames)

It is not possible to sell:

-   cycling clothing and more;

-   accessories for cycling and other sports activities.

Bikeflip may amend the above Articles at any time and the amendments shall be effective when the updated version of this document is accessible via the Site.

Bikeflip will check the Articles offered for sale by Users and will immediately remove advertisements relating to those that are unsaleable under this clause.

Users are required to create truthful and accurate listings, providing honest and detailed descriptions of the items for sale. Listings must include clear and representative photographs of the items, including any visible signs of wear or defects and a meaningful description of the item. Listings that do not meet our quality standards may be removed from the platform at our discretion to ensure a reliable and satisfying experience for buyers. 

HOW TO SELL ARTICLES THROUGH BIKEFLIP

For Consumer Users 

Consumer Users are individuals selling items occasionally, not for professional or business purposes. Listing and selling items through Bikeflip is free for Consumer Users.  

For Business Users 

Business Users are entities or individuals who sell items on a regular basis as part of a commercial or professional activity, with the intent of generating revenue. This includes but is not limited to retailers, distributors, manufacturers, or any other parties engaging in sales as an ongoing business practice. 

There are two types of Business accounts available, in both cases, Business Users, are required to create truthful and accurate listings, providing honest and detailed descriptions of the items for sale. Listings must include clear and representative photographs of the items, including any visible signs of wear or defects.

Should a listing be incomplete, inaccurate, or misleading, resulting in a return, the Business User will bear full responsibility for the return shipping costs. This policy ensures transparency and fairness, safeguarding the trust of buyers and maintaining the quality standards of the platform. For detailed information regarding Business Accounts, please refer to the dedicated page [B2C GENERAL TERMS AND CONDITIONS OF SALE].

Once logged in with their Account, both the Consumer User and the Business  User must go to the 'Sell' section and complete the relevant procedure, which includes:

(i) selecting the category of the Item between 'Bike' and 'Components';

(ii) indicating the title of the ad, showing only the brand, model, and year of the Item. Other words cannot be included in the title of the ad, such as: 'offer', 'discounted price', 'last size available', 'shipping via DHL';

(iii) indicating the general information of the Item;

(iv) uploading a maximum of 10 photographs of it in its entirety (in the case of a bike, the first photograph must show the bike from the side) in original format and coming from the User themselves. For example, non-original images and/or images downloaded from ads on other platforms cannot be used;

(v) providing a detailed and accurate description of the Item and its features, reporting exclusively on the Item's condition and its state of wear. The following categories must be used to describe the condition of the Item:

• New:

An item that has never been used, either in its original packaging or, if not packaged, showing no signs of use.

• Like New:

An item in excellent condition, with minimal or no signs of use. Items that have been restored to full functionality using replacement parts and show no defects may also fall under this category.

• Used:

An item that has been used and shows normal signs of wear. The description must objectively detail every visible sign of wear, whether on a bicycle or a component.

• Refurbished (available for Business Users only):

An item professionally restored to functionality and reliability, often involving significant repairs or replacement of parts.

In the description of the Item, the User's personal contact details (such as phone number, email address, etc.), or references to external sites (with or without links), cannot be included, by way of example and not limited to.

- Words such as "opportunity," "offer," or similar promotional terms are also prohibited.

- Descriptions must focus exclusively on the condition and features of the Item.

Any attempt to include misleading, incomplete, or irrelevant information in the description is prohibited.

Bikeflip reserves the right to remove or edit descriptions that do not comply with these standards to maintain the quality and integrity of the platform.

(vi) the Offered Price:

For Consumer Users:

- Consumer Users are free to set the price of their items based on their own considerations.

For Business Users:

- The offered price must include VAT.

- The VAT rate applied at the time of sale will correspond to the destination country's VAT rate where the bicycle or component is shipped.

- Business Users are responsible for independently managing invoicing and ensuring compliance with VAT regulations for sales to EU countries outside their own.

- When setting prices, Business Users must account for the variability of VAT rates across EU countries, as these differences can impact profit margins. Pricing should be carefully adjusted to reflect these variations.

By adhering to these requirements, Business Users ensure transparency and compliance with EU tax regulations while maintaining a sustainable pricing strategy.

(vii) the User's contact information. The description and photographs of the Item must reflect the actual quality and actual external appearance of the Item itself, as well as any defects or alterations affecting it.

In the event of any violation by the User of the provisions relating to the above announcement, Bikeflip reserves the right to directly make the appropriate changes by providing written notice, via email, to the User themselves. Bikeflip also reserves the right to immediately remove ads, deemed at its sole discretion, to be untrue and containing any scams, as well as to deactivate the Account of the relevant User, without prior notice.

Each Consumer User may be associated with up to a maximum of 3 (three) sales ads. The User must not in any way upload and/or insert onto the Site content, expressions, and/or photos and/or images deemed immoral, contrary to the sense of common decency, which constitute forms of discrimination (including those of sex, race, religion, political opinions, personal or social conditions) and/or incitement to illegal or violent behavior and/or in any case likely to jeopardize the reputation and/or honor of Bikeflip, the Users, and/or other third parties, or in any case capable of generating so-called 'flaming' activities.

In this regard, if the aforementioned circumstances are verified, Bikeflip reserves the right to immediately remove the content produced by the User, as well as to cancel the relevant Account, without prejudice to compensation for any damage, including to the image. In any case, the User must indemnify and hold Bikeflip fully harmless with respect to any request and/or claim from third parties, including economic and punitive ones, arising from the violation of the provisions of this clause.

The User can immediately publish their sales ad, or save it as a draft and then modify and publish it later. The User may at any time modify their ad already published, as well as hide it temporarily, and/or remove it by changing the relevant settings in their Account.

HOW ARTICLES ARE PRESENTED ON BIKEFLIP

Sale advertisements are classified by Bikeflip into categories and subcategories and subdivided according to the type of Articles and their characteristics.

These ads are presented on the Site to Users, depending on the criteria selected by the latter. In particular, Users will be able to skim the sale advertisements by indicating their preferences within the Site in the 'Filters' section, where it will be possible to choose among the different characteristics of the Articles (e.g. brand, model, price, condition, size, year of production, colour, genre). The search filters will be different depending on the type of Articles selected by Users. The search can only be saved and modified if Users access the Site through their Account.

Ads are automatically sorted according to the criteria and filters selected by users.

HOW TO PURCHASE ARTICLES THROUGH BIKEFLIP

In order to purchase Articles through Bikeflip, the User must log in to the Site with his Account and select the desired Item, clicking on the relevant sale ad. The User may proceed with the purchase of the Item by contacting the seller directly in the appropriate section and obtain more information about the Item itself and its price, or he may purchase the Item safely, taking advantage of the services of Bikeflip as specified below.

The purchases made through direct contact between Users and without using the services of Bikeflip remains entirely and exclusively the responsibility of the Users themselves.

BIKEFLIP 'BUY SAFE' SERVICE

Bikeflip offers a service that allows Users to protect their purchases, through a secure payment method and an insured shipment of Articles ("Buy Safe"). Buy Safe is not an insurance or legal protection service, but a service offered by Bikeflip. It does not replace the legal rights or guarantees of Users.

Protected purchases

To use the Buy Safe service, the purchasing user must select the relevant option at the time of purchase by clicking on the 'Buy Safe' button.

Payment for the Item shall be made through the Site, securely processed by Stripe, using credit or debit card, PayPal, Klarna for installment payments, or any other payment method that may be introduced from time to time.

The money will not be paid immediately to the selling User, but will only be transferred to him after the Buying User has received delivery of the Item and has accepted it.

The User shall in fact have the possibility of obtaining a full or partial refund if:

-    the Article received differs considerably from the one described in the relevant sales ad. A "considerable difference" refers to significant discrepancies, excluding minor wear and tear that is considered normal for a bicycle advertised as "used," such as worn tires, brake pads, or other components that can be easily repaired or replaced.

-   the Article received is damaged or defective or broken;

-   the Article is not delivered.

Within 48 hours of receipt of the Item or after the deadline for delivery, the User buyer may report to Bikeflip any of the above problems, by accessing the Site in the "Purchases&Sales" section and clicking on "report a problem". In this section, the buying User shall enter the subject of the request, a description of the problem encountered and the details for the possible return of the item to the selling User.

Bikeflip will suspend the transaction in favour of the selling User until the issue is resolved and will contact the buying User, via the email address provided by the latter during Account registration, to verify the correctness of the complaint. Bikeflip will require the buying User to submit additional photographic or video evidence to support the claim. The User is obligated to provide this material within the timeframe specified by Bikeflip to proceed with the resolution process. Failure to do so may result in the complaint being dismissed.

The Article shall be considered damaged or defective or broken if it presents a clear aesthetic, technical and/or functional alteration, such as to render it inconsistent or unsuitable and/or unsafe for the use legitimately expected by the User.

The Item will be significantly different from the one included in the relevant sale advertisement in the event that it presents relevant characteristics (including type, dimensions, colours, models) that are different and such as to affect the use and appearance of the Item itself as legitimately expected by the purchasing User based on the description and photographs included in the sale advertisement. Minor and/or inconsistent discrepancies, such as small scratches, signs of regular use, or wear and tear consistent with a bicycle advertised as "used," such as worn tires, brake pads, or other components that can be easily repaired or replaced, shall not be considered valid for the purposes of this return policy.

If Bikeflip, in its sole discretion, confirms the claim, it will cancel the transaction and send the buyer an integrated return shipping label to Bikeflip itself, which, in turn, will return it to the Seller User. The buying User will receive a full refund of the payment made in the same manner in which it was made.

48 hours after delivery of the Item without the buyer reporting any problems, the Item shall be deemed to be definitively accepted and the relevant price shall be paid by Bikeflip to the seller User in his Virtual Wallet and subsequently to his bank account.

Users agree to abide by the complaint procedures described in these Terms of Use and to cooperate with Bikeflip to enable Bikeflip to make the best decisions in relation to any complaints and/or issues based on the objective criteria set out in these Terms of Use. In this respect, Bikeflip shall not assume any liability in relation to the Article during the verification phase of the subject matter of the complaint.

Secure payments

Payments through the Site are processed by Bikeflip in partnership with Stripe. Stripe is a payment processing service through credit cards, debit cards, PayPal, or any other payment method linked to an IBAN code of a bank account where transactions are processed. Bikeflip does not process payment data directly: it is handled by Stripe in complete safety, security, and compliance with applicable regulations.

Sellers shall configure on the Site their own virtual wallet on which to receive transactions in total security (the 'Virtual Wallet'), following the relevant procedure.

Once the transaction is completed, the price of the Item will be transferred to the selling User to his Virtual Wallet and subsequently to the User's bank account, which the latter has associated with the Virtual Wallet.

Bikeflip supports its Users in using the Virtual Wallet and provides related assistance. Users must provide accurate information associated with credit cards, debit cards and any other payment methods offered on the Site.

Without prejudice to ongoing transactions, Bikeflip reserves the right to suspend and/or discontinue, with separate notification where possible, the availability of any service for commercial and/or technical reasons.

 INSURED SHIPMENT

Shipment of safely purchased Articles will be handled entirely by Bikeflip, with its own trusted couriers and at a cost borne by the Buyer. Shipment of safely purchased Articles will be handled either entirely by Bikeflip, with its own trusted couriers, or by affiliated Bikeflip stores that manage the shipment independently, in agreement with Bikeflip, at a cost borne by the Buyer.

Insured shipping offered by Bikeflip is organized differently depending on the type of Item:

• Bicycles

• Components

For bicycles, Bikeflip ensures secure transport by supplying and delivering custom-made packaging directly to the Selling User's home. Once the bicycle is securely packed, Bikeflip arranges for its collection from the Seller’s home and delivery to the Buyer’s home, fully managing the logistics to ensure a smooth process.

For components, the Selling User is responsible for providing appropriate packaging and delivering the component to the designated drop-off point indicated by Bikeflip. Home collection for components is not available unless explicitly specified by Bikeflip.

If the Selling User does not follow the shipping instructions within 10 (ten) days of receiving the packaging or drop-off details, the sale of the Item will be deemed cancelled by Bikeflip, and the Purchasing User will be refunded. 

Once the item has been shipped, the purchasing User will be able to track the status of the delivery using the Shipment Tracking System accessible through the appropriate link on the Site. The Shipment Tracking System exclusively reflects the tracking information provided by the courier responsible for the package.

In the event of loss of the Item, Bikeflip will cancel the payment transaction and refund to the buying User the payment made. The selling User will receive compensation for the price of the Item, unless the loss is not attributable to him.

THE COST OF BUYING&SELLING SAFELY FOR PRIVATE USERS

Bikeflip applies variable service fees under the Buy Safe program, contingent upon the nature of the transaction, the category of the item purchased, and the classification of the Selling User from whom the item is acquired. The following provisions outline the applicable charges:

1. Purchase of Bicycles

1.1 In the event that the Buying User acquires a bicycle from a private Selling User, a service fee equivalent to 4% of the sale price shall be levied. This fee is subject to a minimum charge of €60 and a maximum charge of €199. The total amount due, including this fee and any applicable shipping costs, shall be calculated and presented at checkout prior to the completion of the transaction.

1.2 In instances where the Buying User procures a bicycle from a Professional Shop or Refurbisher registered on the Bikeflip platform, no service fee shall be imposed upon the Buying User.

1.3 Should the Buying User purchase a bicycle from a Standard Business User, a service fee equivalent to 2% of the sale price shall apply. This charge is subject to a minimum fee of €1 and a maximum fee of €250. Additionally, the Buying User shall be responsible for any applicable shipping costs, which will be disclosed at checkout.

1.4 Regardless of the Buying User’s classification, the Selling User shall be subject to a service fee amounting to 2.5% of the sale price, which shall be automatically deducted from the payout remitted to the Selling User upon completion of the transaction.

2. Purchase of Components

2.1 In the event that the Buying User acquires a component from a private Selling User, a service fee equivalent to 4% of the sale price shall be levied. This fee is subject to a minimum charge of €10 and a maximum charge of €250. The total amount due, including this fee and any applicable shipping costs, shall be calculated and presented at checkout prior to the completion of the transaction.

2.2 In instances where the Buying User procures a component from a Professional Shop or Refurbisher registered on the Bikeflip platform, no service fee shall be imposed upon the Buying User.

2.3 Should the Buying User purchase a component from a Standard Business User, a service fee equivalent to 2% of the sale price shall apply. This charge is subject to a minimum fee of €1 and a maximum fee of €250. Additionally, the Buying User shall be responsible for any applicable shipping costs, which will be disclosed at checkout.

2.4 Regardless of the Buying User’s classification, the Selling User shall be subject to a service fee amounting to 2,5% of the sale price, which shall be automatically deducted from the payout remitted to the Selling User upon completion of the transaction.

These provisions are instituted to facilitate secure, transparent, and structured transactions within the Bikeflip platform, ensuring the protection and reliability of all parties involved.

The cost of Bikeflip's Buy Safe service always includes VAT.

It is understood that Bikeflip shall in no way be involved in purchases made outside the Site and disclaims any liability arising out of or relating to such purchases. Bikeflip never requests its users to make payments outside of its platform and relies exclusively on Stripe for the secure management of all transactions. Any fraud or losses resulting from payments made outside the Bikeflip platform are the sole responsibility of the parties involved. Bikeflip strongly advises users to complete all transactions solely through its platform to ensure safety and reliability.

HOW BUYING AND SELLING WITH BUY SAFE WORKS

After the Buyer selects the Item, he will be taken to the order summary where he will be shown (i) the characteristics of the Item, (ii) the total cost, including the price of the Item, the shipping costs and the costs of the Buy Safe service. By clicking on "proceed" the User will be directed to Stripe to process the payment.

Once payment has been made, Bikeflip will contact the Selling User with the purchase proposal. The Selling User will have 48 hours to accept or reject the purchase proposal. In case of acceptance, the Selling User must notify Bikeflip indicating the coordinates for the withdrawal of the Item. If 48 hours have elapsed without the Seller User having accepted the purchase proposal, it shall be deemed to have been rejected.

Prior to the shipment of the Item, the process will vary depending on the type of Item:

For bicycles, Bikeflip ensures secure transport by supplying and delivering custom-made packaging directly to the Selling User's home. The Selling User will receive instructions and a pre-paid shipping label, and once the bicycle is securely packed, Bikeflip will arrange for its collection from the Seller’s home and delivery to the Buyer’s home, fully managing the logistics to ensure a smooth process.

For components, the Selling User is responsible for providing appropriate packaging and delivering the component to the designated drop-off point indicated by Bikeflip. Home collection for components is not available unless explicitly specified by Bikeflip.

The Selling User undertakes to follow the provided packaging instructions, it being understood that Bikeflip cannot be held liable for any issues arising from non-compliance with these instructions.

If, within 48 hours of delivery, the buying User does not raise any complaints about the received Item, Bikeflip will transfer the price of the Item to the virtual wallet of the selling User and, subsequently, to his bank account.

The Buying User shall have the option of cancelling its purchase proposal as long as the selling User has not accepted it. In this case, Bikeflip will inform the selling User, who may contact the buying User via the chat system on the Site. If the Users do not reach an agreement on the proposed purchase, Bikeflip will refund the full payment to the buying User.

The Selling User may refuse the sale of its Item no later than 48 hours after the relevant purchase proposal. In this case, Bikeflip will inform the buying User and reimburse him in full for the payment made.

The User purchasing through the Site with Buy Safe will be party to two separate agreements: (i) a purchase and sale with the selling User and (ii) a service agreement with Bikeflip.

Both the Buyer User and the Seller User acknowledge that through the Buy Safe procedure a legally binding agreement is established between them when the Seller User's acceptance reaches the Buyer User.

The User who uses Buy Safe acknowledges and agrees to enter into a legally binding agreement with Bikeflip in respect of and in accordance with these Terms of Use.

USER CHAT ON THE SITE

Bikeflip's chat system on the Site has the sole purpose of allowing Users to share information about Articles, before and after their purchase.

Users may not send via the Site's chat:

-   messages for advertising purposes;

-   spam or content spreading viruses or so-called 'worms';

-   mass mailings of any kind;

-   messages containing texts contrary to public safety and morality, with inappropriate, insulting and/or defamatory content and/or in any case of an unlawful nature and with the aim of causing damage of any kind to other Users and/or third parties.

In such cases, Bikeflip reserves the right to delete the User's Account from the Site and to remove any sales advertisements associated with it, without prejudice to compensation for damages.

LIABILITY

All Users are fully responsible for the information they post on the Site as well as the Articles they offer and sell to other Users through the Site. Users therefore acknowledge and agree that they are fully responsible for any Articles uploaded to the Site, as well as for the description, photographs and any information and features posted on the Site and statements made to other Users, including private messages through the chat system and reviews.

Bikeflip reserves the right to modify listings by removing inappropriate photographs or to request the Seller to revise the listing. If the listing does not meet the quality standards deemed appropriate by Bikeflip’s specialized Quality Control team, the listing may be temporarily blocked until the necessary changes are made.

Furthermore, the description of the listing must not contain any language that violates standards of decorum and may not include the Selling User’s personal information, such as phone numbers or email addresses. Bikeflip reserves the right to remove such information from the listing without prior notice to the Seller.

Users are responsible to other Users with respect to disputes that may arise between them, except in cases where such disputes are caused by Bikeflip's failure to comply with its obligations in relation to the Buy Safe service. In any case, any liability of Bikeflip shall not exceed the price of the Article published on the Site.

Users acknowledge and accept that Bikeflip shall in no event be liable for any damage and/or loss suffered by other Users and/or third parties in connection with the Articles, as well as a result of a breach by Users of these Terms of Use. In particular, by way of example and without limitation, Bikeflip shall in no event be liable for: (i) the safety, quality and quantity of the Articles that Users sell or purchase through the Site, nor of the conformity of them with the description and photographs provided; (ii) the actions or omissions of Users, (iii) the adequacy, accuracy, exhaustiveness and/or lawfulness of any content produced by Users on the Site; (iv) any problems relating to transactions, except as expressly provided for against Bikeflip by these Terms of Us; (v) the shipment of any additional components not specified in the listing and agreed upon through private negotiation in the chat system. Any additional content to be included in the shipment must be reported to and approved by Bikeflip prior to dispatch.

Users must use the Site correctly and comply with all laws, rules and regulations that are applicable to them. In particular, Users must refrain from (i) infringing the rights of third parties, including intellectual property rights; (ii) offering Articles for sale that violate laws or regulations; (iii) inciting the commission of crimes and/or acts based on discrimination, hatred or violence due to race, ethnicity or nationality; (iv) communicating incorrect or confidential information; (v) posting content or reviews that are defamatory, abusive, unlawful or otherwise contrary to public order; (vi) posting the personal data of other individuals or violating their privacy.

Bikeflip acts as a mere intermediary between Users. If a User reports misconduct by another User to Bikeflip, Bikeflip may provide assistance to the party concerned. Where required, Bikeflip will also cooperate with the local authorities.

Bikeflip is not responsible for content created by Users. Users remain solely and exclusively responsible for their content. Therefore, they acknowledge and accept that Bikeflip has no contractual obligation to carry out any verification of the content or articles published and that it cannot in any case be held liable for any damages and/or losses suffered by Users and/or third parties in connection therewith. In this regard, Bikeflip will remove from the Site any illegal content that has been duly reported to it by Users and/or third parties.

If an Item has any problems with the safety and quality of the product, Bikeflip will not be held liable in any way and advises Users to stop using the Item immediately.

Bikeflip is not responsible for any tax or reporting liabilities that may arise for Users from activities carried out through the Site. The Users themselves are solely responsible for any tax reporting obligations that may arise from applicable legislation.

In compliance with applicable laws and regulations, Bikeflip takes all appropriate measures to protect the security of the data provided by Users and to prevent the services offered from compromising the data and software stored on Users' computers, tablets or smartphones. However, even if appropriate measures are taken and comply with legal requirements, Bikeflip's systems may still be compromised by unforeseeable events such as cyber attacks or security breaches affecting data transmission or affecting the volume and speed of data transmission. In this regard, Users shall take all appropriate measures to protect their data and/or software, in particular from contamination by any viruses circulating on the Internet.

The Site and the information and content contained therein are provided by Bikeflip without warranties of any kind. Bikeflip (and its agents, affiliates, licensors and suppliers) disclaim all warranties, express and/or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Bikeflip (or any of its agents, affiliates, licensors, or suppliers) be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Site, the posting of for sale listings of Articles, the Buy Safe service, including, without limitation, damages deriving from the use of the Site by unauthorised Users and/or not in compliance with these Terms of Use, third party claims in relation to possible violations of third party rights, inaccessibility and interruptions of the Site, or from problems in any way connected to the network, telephone lines, failure and/or malfunction of Users' electronic equipment.

USER COMMITMENTS

Users undertake to fully comply with these Terms of Use and, in any case, also with the following rules on the use of the Site:

§  when registering on the Site, provide true information about himself (including, without limitation, his name and e-mail address);

§  register on the Site only once and do not create more than one Account unless (i) the User wishes to have a Personal Account and a Business Account; in which case the User may not register using the same email address and furthermore both Accounts must be clearly separated, i.e., the Personal Account may not be used for commercial sales and vice versa (ii) a third party unlawfully accesses the User's Account; in this case the User may create another Account only after informing Bikeflip of the third party's unlawful access and only after Bikeflip has blocked the original Account;

§  not to use the Site with the intention of engaging in unlawful or fraudulent actions or transactions;

§  provide objective information and prices in a correct, comprehensive, and detailed manner of the Articles;

§  have the right to transfer ownership of the Articles offered for sale;

§  not to copy content or information appearing on the Site and uploaded by Bikeflip or other Users of the Site;

§  not to use the content or information on the Site for unlawful purposes;

§  offer, sell, purchase and/or transfer Articles in violation of third party intellectual property rights, such as trademarks and/or other signs to the extent that they are protected by applicable law (such as, for example, distinctive company signs in some jurisdictions), design rights and/or copyrights;

§  not infringe the property rights and/or personal rights of third parties (including intellectual property rights);

§  not violate applicable laws and/or regulations and act contrary to public safety and/or morality;

§  not to use (in particular share and/or publish) programs and/or computer files that contain viruses, or that may (i) interrupt the normal operation of the Site and/or Services, (ii) infect Users' computers and, as a result, cause loss and/or damage to other Users and third parties and to Bikeflip;

§  not offer and/or share and/or otherwise promote links to other websites and/or companies that provide services similar to those offered by Bikeflip and the Site;

§  not offer, share or otherwise promote links to other websites or companies that provide services similar to those offered by Bikeflip and the Site;

§  not carry out actions known as data mining, screen scraping or scanning ('crawling') any part of the Site;

§  not disassemble, decompile or reverse engineer any part of the Site;

§  not adapt, copy, vary, modify, disseminate, or market any Content of the Site.

Users agree not to collect, simultaneously hold, transmit to third parties, make public, publish or disclose the data of the Site Users or the data relating to the actions of the Site Users, including transactions, their number, type, price, etc.

Users undertake not to collect, simultaneously hold, transmit to third parties, make public, publish or disclose the information that appears on the Site, if this could infringe the rights of other Users, including, but not limited to, intellectual property rights or privacy rights. This restriction does not apply to the "share" function that exists on the Site and which allows Users to share public information available on the Site, as well as to send such information to themselves or others.

You undertake to keep your Account login and password confidential and not to disclose your login or password to third parties. The User is solely responsible for all activities that occur under his/her Account.

The User agrees to immediately update any information on the Site that is no longer current or accurate, including information relating to Articles, and information provided by the User during registration on the Site and information in the Account.

When using the Site, the User declares:

§  (i) that he/she is a natural person and is at least 18 years old (if not, his/her parents or legal tutor must register in his/her place and supervise the minor's use of the Site), (ii) that he/she has full capacity and all rights to carry out transactions on the Site;

§  that he/she is aware of and fully responsible, in accordance with these Terms of Use and applicable law, for the performance of his/her obligations in connection with the purchase and sale of Articles;

§ that he/she is aware of and liable to pay the costs of the services provided by Bikeflip.

§ The User acknowledges and agrees to the possibility offered by Bikeflip Srl to have the listings published on other websites that aim to promote and/or advertise the User’s listings. The User also consents to Bikeflip using the content of the listing (photos, text, etc.) on third-party websites, online or print magazines, social networks, or other media to further promote the listing, and undertakes to hold Bikeflip harmless from any liability or claims in this regard.

In the event of one or more violations by the User of the rules set out in this clause, Bikeflip reserves the right to immediately remove the relevant Account from the Site, without prejudice to compensation for damages.

LEGAL GUARANTEES

Bikeflip does not sell or purchase for its own account the Articles displayed on the Site and is not a party to any transaction between Users; therefore, Bikeflip makes no warranties with respect to the Articles purchased through the Site.

The selling User, whether Consumer or Business User, shall be solely liable for material defects and/or flaws in the sold Item and shall be obliged to provide to the purchaser all guarantees provided for in this respect by applicable statutory provisions, as well as any further contractual guarantees. Additionally, the selling User must respond to Bikeflip and provide any product-related information requested to resolve eventual complaints raised by the Buyer. 

If the transaction involves the purchase, by a Consumer User, of an Item from a Business User, the provisions set out in the B2C General Terms and Conditions of Sale, accessible at the following link, shall apply: [...].

PROCESSING OF PERSONAL DATA

Bikeflip, as data controller, undertakes to process the personal data of Users, conferred in the context of registration to the Site and the use thereof, in compliance with Regulation (EU) 2016/679, Legislative Decree 196/2003 and, in general, the applicable legislation on the protection of personal data.

For information on the processing of personal data Bikeflip invites Users to read the Privacy Policy available on the Site.

CONTACTS

For any information concerning these Terms of Use, Users may send an e-mail to the address:

-   Italian: ciao@bikeflip.com;

-   German: hallo@bikeflip.com;

-   English: hi@bikeflip.com.

In any case, for any information concerning the Platform and to lodge any complaints, Users may:

a)         call +39 320 6257475, available Monday to Friday from 8:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 6:00 p.m.

b)         send a communication to the PEC e-mail address: bikeflip@pec.it or to the address: ciao@bikeflip.com.

INTELLECTUAL PROPERTY

Bikeflip is the owner of all intellectual property rights relating to the Site, which means its system, the layout and design of the Site, the software used by and for the Site, the trademarks and domain names used by and for the Site.

The submission of information or data, in particular photographs on the Site, or other material and content entails the granting by Users to Bikeflip, free of charge, of a non-exclusive licence to use them worldwide, which shall apply for the duration of any applicable rights (and their potential extensions). This licence includes the right to use, copy, reproduce, display and adapt such content. Bikeflip may use said content, in any media known or unknown to date for operational, commercial, advertising and internal purposes, which the User accepts. It is understood that the User is solely responsible for the content and confirms that he/she owns all rights to it.

Bikeflip may, without prejudice to applicable data protection laws, transfer and/or assign to third parties all rights and obligations under these Terms of Use, in particular in the event of a transfer of a line of business, a merger by incorporation of a new company, a demerger or any change of control affecting Bikeflip itself, provided that this does not reduce the protection of the rights of the consumer. Such transfer releases Bikeflip from all obligations as operator of the Site, in particular towards its Users and visitors for the future. In the event that Bikeflip transfers and/or assigns such rights and obligations under these Terms of Use to a third party, it shall inform Users of such transfer and/or assignment and the User shall be entitled to immediately terminate its contractual relationship with Bikeflip and close its Account. Users may not transfer or assign any or all of their rights or obligations under these Terms of Use.  

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by Italian law.

In the event of a dispute between the User and Bikeflip, Users may first contact Bikeflip in order to reach a consensual and amicable settlement.

In any case, any dispute between Users and Bikeflip shall be deferred to the exclusive jurisdiction of the Court of Milan.

B2C GENERAL TERMS AND CONDITIONS OF SALE

These B2C General Terms and Conditions of Sale apply to all sales made through the Site by Business Users to Consumer Users, in addition to the Terms of Use available at the following link [...].

In the event of any discrepancies between the Terms of Use and the B2C General Terms and Conditions of Sale, the latter shall prevail in the context of purchases made between Consumer Users and Business Users.

Business User Account Categories and Conditions

Business Users must create a Business account to list and sell items on Bikeflip. There are two types of Business accounts available, each with specific features regarding the management of shipments:

• Business Account - Standard

• Business Account - Professional

Under the Business Account - Standard, Bikeflip takes full responsibility for organizing the shipment of sold items. In this model, the Business User relies on Bikeflip’s logistics system to ensure efficient delivery to the Consumer User. Bikeflip’s fee, calculated as a percentage of the sale price, is automatically deducted from the payout during the transaction process. For details regarding the applicable fees for Business Users, please refer to section Buy Safe - Fees and Charges for Businesses.

Conversely, the Business Account - Professional grants Business Users full autonomy over their shipping processes. This account type requires prior approval from Bikeflip. Once approved, the Business User is solely responsible for managing all shipment logistics, including providing both Bikeflip and the Consumer User with a tracking link for each transaction. Additionally, the Business User must define and communicate their shipping rates to Bikeflip, which will display them on the platform for potential buyers. Upon completing a sale, Bikeflip transfers to the Business User the total amount paid by the Consumer User, consisting of the sale price (minus Bikeflip’s fee) and the specified shipping costs. For details regarding the applicable fees for Business Users, please refer to section Buy Safe - Fees and Charges for Businesses.

Buy Safe - Fees and Charges for Businesses 

Bikeflip applies different Buy Safe service fees depending on the type of Business account of the seller.

Business Account - Standard

• The seller (Standard Business User) is charged a 4.5% fee on the sale price, which is automatically deducted from the payout. This fee starts from a minimum of €1 and is capped at a maximum of €500 per transaction.

• The buyer (whether a store or a private user) is charged a 2% fee on the purchase price, which is calculated and displayed at checkout. This fee starts from a minimum of €1 and is capped at a maximum of €250 per transaction.

Business Account - Professional

• The seller (Business User) is charged a fee that varies based on the contract signed with Bikeflip. This fee is automatically deducted from the payout and will be specified in the contract, which will be sent directly by Bikeflip. The fee starts from a minimum of €1 and is capped at a maximum of €500 per transaction.

• The buyer (whether a store or a private user) is not charged any additional fees.

The cost of Bikeflip's Buy Safe service always includes VAT.

RIGHT OF WITHDRAWAL

Pursuant to the Consumer rights Directive 2011/83/EU and applicable national consumer rights laws, a Consumer User purchasing from a Business User may exercise the right of withdrawal within 14 days from the day following the date of delivery of the Item. If this term falls on a Saturday, Sunday or public holiday, it shall be extended to the first working day thereafter.

This right of withdrawal is excluded if the purchased item falls under one of the legal exceptions.

In order to exercise the right of withdrawal, the Consumer User must give written notice of withdrawal to the Business User also through the use of the withdrawal form in Annex 1 [...] of these Terms and Conditions. In case of purchase with the service Buy Safe, the notice of withdrawal must also be communicated by the Consumer User at the same time to Bikeflip. Any costs incurred by Bikeflip due to delays in the transmission of the notice of withdrawal shall be borne by the Consumer User.

Following the exercise of withdrawal, the Consumer User shall return the Article to the Business User without undue delay and, at the latest, within 14 days after the day on which you have communicated your decision to withdraw in accordance with the above provisions. 

If the return is due to defects not disclosed in the listing by the Business User at the time of sale, Bikeflip will charge the Business User for both the initial shipping costs and the return shipping costs.

Bikeflip will refund the price of the Item to the Consumer User within 14 days of receiving the returned Item to the Business User, provided that the Item is in the same condition as when it was sold. The refund will be issued to the same payment method used for the purchase.

LEGAL GUARANTEES

The Consumer User benefits from the legal guarantee of conformity to which the Business User is legally bound in respect of each Article.

The legal warranty guarantees the goods against conformity defects with the sales contract.

Pursuant to the law, in the event that the legal guarantee is applicable, the Business User shall be entitled to have the conformity of the Article restored free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or to termination of the contract. The Business User shall then be liable for conformity defects if they become apparent within a period of two years from the date of delivery of the Article.

The consumer user shall report the conformity defect within two months from its discovery.

The Business User remains solely responsible for the sale of the Items and must deal directly with all complaints and/or problems inherent or relating to the contract with the Consumer User, including taking over legal warranty obligations.

APPLICABLE LAW AND JURISDICTION

Purchases made by the Consumer User under these B2C General Terms and Conditions of Sale shall be governed by the law of the Consumer User's country of residence.

Any dispute arising from the above contracts shall be submitted to the exclusive jurisdiction of the Court of residence of the Consumer User.