Terms and Conditions
These General Conditions of Sale govern the offer and sale of products and services on the website www.eplus.bike (hereinafter referred to as “website”). The products and services purchased on the Site (hereinafter referred to as “Products”) are sold by Wine & More srl (hereinafter referred to as “Eplus”), with registered office in Gabiano (AL) 15020 – via Cavour 22 and operational headquarters in Camino (AL, Italy) 15020 via Pontestura, 124, registered in the Business Register of Alessandria REA AL 221389 – VAT number 02040940062.
The natural or legal person (hereinafter, Customer) who makes a purchase on the website accepts the Warnings and General Conditions of Sale set out below.
Before installing the kits and using the Flash software supplied by Eplus, it is necessary to carefully read the following. The use of the products implies full understanding and acceptance of this declaration.
1.1. General warnings
Unlocking the speed limiter in public places such as streets, squares, cycle paths is prohibited by law. Therefore it is allowed to activate the release in limited places such as circuits, tracks and private properties.
The manufacturer declines all responsibility for any damage caused to the pedal assisted bicycles on which the Eplus Product is mounted. The manufacturer declines all responsibility for damage to persons or property caused or in any way related to the use of Eplus Products.
Modifications to the motor could alter the functioning of the e bike; consequently, the motor could have different reactions when compared to the standard conditions indicated by the manufacturer. The utmost caution and the use of a helmet are required for driving an e-bike that has been subject to modification.
1.2. Use of trademarks
All trademarks mentioned on the site and in the communication are the property of their respective owners. Bosch, Yamaha, Brose, Specialized, Fazua, Shimano, E-tube, Giant, Rocky Mountain, Ananda, AM80 do not support, do not sponsor and are in no way to be considered related to Eplus.
2. General conditions of sale
The following general conditions of sale apply to each purchase of Products through the Site.
2.1. Scope of
The offer and sale of the Products on the Site constitute a distance contract governed by art. 49 and ss. of the Italian Legislative Decree 6 September 2005, n. 206, as amended by Legislative Decree. n. 21/2014 (“Consumer Code”), and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce. The purchase of Products on the website is allowed only to people who are 18 (eighteen) years old at the time of the order. By purchasing on the website, the Customer therefore declares to be of age. The Customer is required, before proceeding with the purchase, to read these General Conditions of Sale and to accept them by placing a flag in the indicated box. At the time of purchase, therefore, these General Conditions of Sale are generally and fully accepted. In any case, the General Conditions of Sale are made available to the Customer by Eplus in the “Terms and Conditions” section of the website. The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be modified at any time by Eplus. Any changes will be effective from the moment of their publication on the website. Before placing an order, customers are therefore invited to access the website to check the applicable General Conditions of Sale.
2.2. Online shopping
The purchase of Products on the website www.eplus.bike can take place after registration, or without creating an account (“guest” mode). To purchase a Product, the Customer must (i) enter the selected Product in the “Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Eplus through the website.
2.3. Availability of Products
Within the information sheet relating to each Product there will be a special section containing information about the availability of the Product.
Due to the possibility that multiple users purchase the same Product at the same time, it is possible that the ordered Product is no longer available after the transmission of the purchase order. In this case, the Customer will be promptly informed by e-mail about the possible unavailability of the Product and the presumed date on which it will be made available again. At the request of the Customer, pursuant to Article 1353 of the Italian Civil Code, Eplus will terminate the contract and, to the Purchaser who has made the payment, the full amount paid will be promptly refunded.
For products “Available on backorder” the maximum delivery time is 15 working days from the day following receipt of the order, except for the Rim Magnet Holiday Tuning Box product whose delivery and installation terms are subject to agreement between the parties. If the goods are not available within this period, the Buyer can request a refund of the entire amount paid.
All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax (“VAT”), to the extent required by law and if due. Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the User proceeds with the transmission of the same, as well as on the e-mail of confirmation of receipt of the order that Eplus will send to the User.
The price of the Product charged to the User will be the one published on the information sheet which illustrates the main characteristics of the Product at the time the order is sent. Any changes (increasing or decreasing) in the price subsequent to the transmission of the order will not be taken into account.
In the event that an error is found in the price of a product, Eplus will give the Customer the opportunity to reconfirm the purchase of the Products at the correct price or to cancel it.
2.5. Purchase order
The contract between Eplus and the Customer is concluded when the Customer receives confirmation from Eplus of the acceptance of the order proposal forwarded through the procedure provided on the Site. In the order confirmation e-mail, the Customer will find the ‘indication of the “Customer Order Number”, which must then be used in any subsequent communication with Eplus, as well as a summary of all Customer data entered in the order.
The Customer releases Eplus from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, as the Customer himself is solely responsible for the correct entry.
Once the order has been registered, Eplus will send to the e-mail address indicated by the Customer the order confirmation containing the information relating to the purchased product, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs.
The form with the order proposal and the customer’s data relating to the order proposal will be kept by Eplus for the period of time required by current legislation. The languages available to customers for the conclusion of the contract are Italian and English.
2.6. Terms of payment
The payment methods prepared by Eplus are the following:
- Credit card
2.7. Order fulfillment and shipping
Except in special cases, the order will be processed within 1/2 working days from payment. For products “Available on backorder” the maximum delivery time is 15 working days from the day following receipt of the order, except for the Rim Magnet Holiday Tuning Box product whose delivery and installation terms are subject to agreement between the parties. Shipping terms run from the day following the date of transmission of the order.
The Products will be shipped to the address indicated by the Customer in the order proposal. No deliveries are made to post office boxes.
The terms indicated for the shipment and delivery of the products exclude the periods when the company is closed.
Each shipment is carried out for specific assignments and on behalf of the Customer himself, therefore Eplus is exempt from any liability for the delivery of the same to the carrier / forwarder or to the Customer in the event that the latter decides to collect the goods. The Product travels at the Customer’s own risk.
In no case, Eplus can be held responsible for the delay, cancellation or impossibility of carrying out the shipment if this depends on force majeure or unforeseeable circumstances.
Shipments of Products by Carriers are carried out in the EU, with the exception of Spain.
Transport costs are charged to the customer and are specified in the cart and in the purchase summary, before the order is sent.
At the time of delivery, the Customer is required to verify that the packaging is totally intact, undamaged, dented, punctured, wet, torn. The Customer is required, in his interest, to report any discrepancies in the packaging or the mismatch in the number of packages by putting the appropriate “SPECIFIC RESERVE” or REPORTING ON THE BULLETIN (where signature is required) the description of the type of damage to the packaging found in the withdrawal phase. The Customer is required to immediately verify the correct functionality and conformity of the Product: in case of detection of specific or hidden non-conformity / damage, the Customer is required to report it immediately to Eplus no later than 7 (seven) calendar days from the date delivery of the product (date included in the count) by writing an email to: firstname.lastname@example.org containing the following information:
- Order number / Sales document
- Photo of the external packaging
- Photo of the damaged part
- Possible affixing of signature with specific reservation
The Customer acknowledges that the withdrawal of the Product is a specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two failed delivery attempts, the package will be placed “in storage”. In the event of failure to collect the Product within 5 (five) working days from the first delivery attempt, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 of the Italian Civil Code.
Once the contract is terminated, at the explicit request of the Customer, Eplus will reimburse the total amount possibly paid by the Customer, less the costs of the unsuccessful delivery of the Product, the return costs to Eplus and any other possible administrative expenses in which it has incurred due to non-delivery caused by the absence of the recipient. The termination of the contract and the refund amount will be communicated by e-mail to the Customer. Within 30 days, through the cancellation procedure, the amount will be credited to the Customer’s credit card.
Except in special cases, for the purchase of software the Buyer will receive the login via email within 2 working days; for the purchase of kits, if available in stock, shipping takes place within 2 working days, while the products available on order will be shipped within 15 working days at the latest.
The shipping terms run from the day following the date of transmission of the order and after payment has been made.
2.8. Limitation of Liability
These general conditions outline the entire area of responsibility of Eplus with regard to the Products sold on the Site, with the exclusion of any other guarantee, condition and term, expressed or implied, established by law, also with reference to the quality or suitability of the items for specific uses, without prejudice to those guarantees which, by law, cannot be waived, with particular reference to the provisions of article 1229 of the Italian civil code and in terms of liability for damage from defective products and consumer protection.
Eplus undertakes to implement the quality standards relating to the Products only up to the time of shipment to the place indicated by the User; any liability relating to the poor condition of the Products due to improper storage after delivery is excluded.
Eplus will not be liable for any damages deriving from the inaccessibility to the Services deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the User.
2.9 Right of withdrawal and return of products
2.9.1 Right of withdrawal for kits (For Bosch Smart System Rim Magnet see point 2.9.2)
2.9.2 Right of withdrawal for Bosch Smart System Rim Magnet
2.9.3 Withdraw from the purchase of digital products – Flash Software Home
Pursuant to article 59 of the Consumer Code, the Customer who holds the quality of consumer has the right to withdraw from the contract purchase of the digital product (Software), without any penalty e without the need to specify the reason, within the deadline of 14 (fourteen) days from receipt of the Product only if the performance was not fully executed. In case of successful installation of the purchased modification, the software is considered non-returnable or refundable as the activated license will work on your PC and ebike, where it is installed, even if you change your mind. Where the terms for the withdrawal are respected, the Customer who wants to exercise the withdrawal must send Eplus an explicit written communication to this effect, within 14 days from the date of receipt of the Product. This communication must be sent to: email@example.com or by registered mail to the following address: Wine and More srl – Via Pontestura 124, 15020 Camino (AL). In the notice of withdrawal the Customer must indicate the order number of the purchase, the Product or Products for which you intend to exercise the right of withdrawal, as well as the clearly expressed desire to withdraw from the purchase. Provided that the Customer has respected the methods, terms and conditions for exercising the right of withdrawal, Eplus will proceed, within 14 days from the date on which it became aware of the exercise of the right of withdrawal, to reimbursement of the sums paid by the Customer for the
Product. The refund will take place via the amount reversal procedure charged to the Customer’s credit card
2.10. Legal Guarantee
Eplus guarantees that the Products are free from original conformity defects pursuant to Legislative Decree 206/05. The used and refurbished Products are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code, but the duration of the warranty is reduced to 1 (one) year (instead of 2 years as required by the aforementioned articles for new products).
All new Products sold on the website are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers. It, therefore, applies only to Customers who have made a purchase on the website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The warranty relates to manufacturing defects, it does not cover those of installation, exposure to humidity and heat sources, or improper use not provided for in the manual.
Fitting the device may void the bicycle’s factory warranty.
The functioning of the Products is guaranteed for the software version of the ebike indicated in the product sheet on the Site at the time of purchase. If the ebike is subsequently updated with software for which the Eplus solutions have not been tested, problems may occur in their operation, in which case Eplus does not respond with the warranty.
Eplus declines all responsibility for any anomalies or engine blocks caused by the anti-tuning protections that the motor manufacturers could activate.
2.11. After – sales assistance
For the products purchased on the website, a service is active that manages requests for technical assistance relating to the Products during the validity period of the legal warranty, out of warranty or not defective but, returned for repair, which have undergone software updates and / or reconditioning.
In order to take advantage of the assistance service, you must open a ticket in the dedicated section reporting the detailed description of the problem encountered and attaching as much information as possible such as images and / or videos and the guarantee document.
Within 7 days of receiving the e-mail Eplus will assign a ticket number to the request and the Assistance Service will handle the request exclusively via email. If the problem is not solved, an RMA number will be assigned for the return of the Product, to be shown on the package in a clearly visible manner.
Any packages that will eventually be delivered to us without RMA authorization will not be collected.
The shipping address is as follows:
Eplus Assistance Service
RMA No. … ..
Via Pontestura 124
15020 Camino AL – Italy
In the event of a lack of conformity duly reported within the terms, the Customer has the right to free repair or replacement of the goods and any repair and shipping costs to the Customer will be borne by Eplus. If, on the other hand, the Support Service does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repairs will be charged to the Customer.
Eplus will inform the Customer of the circumstance and any costs to be incurred for the repair, sending him the estimate so that the Customer can decide whether or not to have the repair carried out at his own expense. In all cases, the repair or replacement of the defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 30 days from the day in which Eplus received the defective product.
Before activating the procedure for requesting assistance, it is necessary to read the manuals on the website (https://www.eplus.bike/assistenza/) relating to the purchased product. If the product sent for assistance proves to be functional following the instructions and procedures written in the manual, an amount equal to 25 € (shipping costs included) will still be due for internal management costs.
The data controller is Wine & More srl – via Cavour 22 15020 Gabiano (AL).
The website www.eplus.bike uses “cookies”. Cookies are electronic files that record information relating to the Customer’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow Eplus to offer a personalized service to its customers. Eplus informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. This will, however, prevent the Customer from purchasing online.
2.13. Communications, contacts, complaints
For any request, communication or complaint relating to reservations or Orders, to these GCS or, in general, to any contract concluded with Eplus through the website, you can contact the Company at the following addresses:
Eplus – via Pontestura 124 15020 Camino AL – Italy
These General Conditions of Sale are governed by Italian law and subject to Italian jurisdiction. The application to them of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any dispute concerning the validity, execution or interpretation of these General Conditions of Sale and the related effects, the following is competent: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer and is resident or domiciled in Italy; b) the Court of Vercelli exclusively, in any other case.