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Terms and conditions

§ 1 General

The following Terms and Conditions apply to all orders placed with GOOMAH SA, via Bosia 11A, Paradiso.

They apply if the order is placed over the Internet, by telephone, e-mail, post or fax. By placing an order with us, you accept the Terms and Conditions set out below. These Terms and Conditions do not affect your statutory rights. If you have any queries, please contact us.

All references to the “company”, “us”, “our”, or “we” refer to GOOMAH SA trading as www.goomahbike.com/shoponline. Any reference to “customer”, “you” “client” or “buyer” refers to the person or organization placing the order.

§ 2 Execution Of The Agreement

2.1

Your order represents an offer to execute a Purchase Agreement. When you send us an order, we will send you an e-mail to confirm receipt of your order and explain all relevant details (Order Confirmation). Your Order Confirmation does not represent acceptance of the Agreement. Instead, it confirms receipt of your order. It becomes a Purchase Agreement only when we have sent the ordered goods and when you have received delivery notification from our warehouse that the goods have been dispatched.

If a product in the same order, for which you have received Delivery Confirmation, is not shown in the Delivery Notification e-mail, no Purchase Agreement will take place for that product.

During the purchasing process, the buyer accepts our General Terms and Conditions of Sale, as set out on this page.

2.2

Our ability to fulfill orders is conditional on us too being correctly supplied, within the correct time frame. If any goods ordered are not available, we reserve the right to terminate the Agreement.

You will be informed immediately if goods that you have ordered cannot be delivered. If the sum due has already been paid, we will return it immediately. We accept no responsibility for damages due to late delivery, unless there is certified negligence on our part.

2.3

We will notify you if an item shown on the website is no longer available or if its price has changed.

§ 3 Price

All prices on GOOMAH website are shown in Euro (€) and include VAT. Shipping costs must be added to these prices. Shipping costs are displayed on our website, and can be checked at the time of ordering. Prices at the time of order are correct, errors and omissions excepted.

§ 4 Delivery And Shipping Costs

4.1

Delivery takes place from our stock rooms to the address communicated by you. Any information relating to the time of delivery is not binding, unless an actual delivery time has been specified by us. Wherever possible, your order will be delivered in a single shipment. If your order contains articles packed separately, they may be shipped separately and delivered at different times. If this is the case, any additional delivery costs will be borne by manga.Yio Lugano.

With our standard service orders should take 1-2 days to process and dispatch arrive within 3-5 days to Europe and 5-7 days to the rest of the world. Should we ask for a deposit or payment in advance, delivery time could be delayed until the sum requested has been paid in full.

4.2

We currently deliver to Switzerland and over 70 countries worldwide. We cannot deliver to P.O. Box addresses.

4.3

All deliveries are made via our chosen courier. When your goods are dispatched, we will send you an e-mail, which includes package tracking information.

4.4

Shipping charges:

Our delivery charges are currently as follows:

All orders – 150 euros

If you would like to place an order for less than that amount, please contact the GOOMAH Customer Service Team by phone on +41 91 980 40 58 or by email on info@goomabike.com

§ 5 Payment

Payment for purchases and shipping can be made by credit card or postal card. If goods ordered are not available, and payment has been paid, said payment will be credited to your bank or postal card.

5.1 Credit Card Payments

We accept payment using PayPal and Credi Cards.

Security of your card and data is very important to us. All financial information relating to your transaction is forwarded using a secret automatic protocol, which neither manga.Yio Lugano nor independent third parties has access to. This information will be utilized only in the case of a refund. Therefore, for reasons of security, every time you place an order with us, you will be asked for your card number.

5.2 Security

To ensure the security of your data, we use SSL software security (Secure Socket Layer). With this system, your data, name, address and card number are coded and transmitted safely via the Internet. During transfer, no external party can read your data.

§ 6 Due Dates And Payment, Delays, Transfer Of Title

The total sum due must be paid upon placing the order or. You may pay using the procedure laid out above. If there is a delay in payment, we are authorized to charge interest of 5% and/or delay delivery of the goods until receipt of the payment in full. Any goods ordered and delivered remain property of GOOMAH SA until full payment of all amounts due, under the Agreement relating to client.

§ 7 Shipping Damages

Important: Notwithstanding all precautions, packages and/or their contents sometimes get damaged in transit. If this should happen, please follow the following procedure: breakages should initially be registered with the courier, upon receipt of the goods. You should then inform us as soon as possible. If you intend to return damaged goods, please inform us in advance via e-mail, phone or fax.

§ 8 Returns And Refunds

8.1 Returns

We hope that you are delighted with all your purchases. If, for some reason, a product does not meet your expectations, please call us and we will immediately authorise an exchange for a different item or a refund.

Important: Returned items must be in a new and unused condition, returned in the original packaging and a copy of the receipt. We suggest you keep all packaging until you have made your final decision to purchase.

E-mail info@goomahbike.com

Telephone +41 91 980 40 58

Contact our Team with any questions you may have regarding returning items.

In accordance with distance selling rules, you have the right to cancel your Purchase Agreement by returning the goods to us, without specifying a reason for the return, any time up to fourteen (14) days, starting from the day of delivery of an unused item (or, in the event of multiple deliveries from a single order, no earlier than the first package). Used items or items without packaging will be deemed to have been accepted by you. Please contact us in writing (by e-mail, letter, fax) to cancel any item. Goods must be returned within fourteen (14) days of your contact with us.

Shipping costs will be charged the customer in case of a return.

8.2 Termination Of The Purchase Agreement

The Agreement can be validly terminated provided that each party returns the benefits. Should you not return all of the goods received or return only part of them or should they be damaged, we are entitled to compensation.

If the item is sold, and if said damage is a direct consequence of having examined the item, as if it were bought in a shop, compensation does not apply. Furthermore, no compensation is due even if damage to the item occurs, if said item has been used in accordance with instructions given, and whereby the item has not been used as if it were your own property and you have not done anything which could have reduced its value.

Items which can be returned in their packaging will be returned at our risk. If the returned goods have been used, worn, washed, damaged, dirtied or are no longer in their original packaging, the obligation of compensation will be up to 100% of the purchase price.

We reserve the right to refuse returns. Original delivery costs will not be reimbursed.

This returns policy does not include perishable items, sports foodstuffs, personalised items, or items that have been made to your specification.

8.3 Exchanges

No exchanges are allowed for customized goods. Please double check configuration of your GOOMAH before placing an order.

8.4 Incorrect Delivery

If an item supplied is damaged or not correct, please contact our Team immediately. We will authorise an exchange or we will immediately credit the value of the goods to you. To return incorrectly delivered goods, please follow the Returns procedure.

8.5 Procedure For The Return Of Goods In Their Original Packaging

Items must be new and unused, returned in their original packaging, with original labels and a copy of the receipt. Please keep the packaging until you have made a final decision to purchase.

If all the conditions listed here have not been fulfilled or, if it is the case that we must apply a reduction to the value, you will be informed. You will then be given the opportunity to have the item(s) returned to you. If this is the case, any additional shipping costs incurred in returning items to you, will be borne by you. If you do not accept the return of these items, we reserve the right to withhold some items and their relative value.

8.6 Terms And Conditions For Returns And Refunds

Please note that refunds can only be credited to the same credit card used for the original purchase. The refund process can take 10-14 days from receipt of your goods, depending upon the credit card used for payment. Refunds normally show within two account statements. We cannot refund postal charges or make cash refunds.

§ 9 Warranty, Repairs And Responsibility

9.1

Descriptions of the products, instructions, drawings, illustrations, data, as well as descriptions of weight, size and usage or performance, which are included in ASSOS brochures, catalogues, circulars, newsletters, advertisements and price lists, are of a purely informative nature. Public announcements, praise or manufacturer advertisements do not represent a contractual condition as regards the goods. We give no guarantee as to the accuracy of this information.

9.2 Conditions Of Warranty

Please read Warranty Terms and Conditions.

§ 10 Important Notices

The products offered are posted on the Internet site as clearly as possible. We have attempted to portray the colours of our products in a realistic manner, however we cannot guarantee that the colours as seen on your computer match those of the real products, due to the individual nature of your screen graphics or printer.

§ 11 Information Relating To Privacy

Client data will be used by GOOMAH SA only for the analysis, approval and execution of the Agreement and for the care and management of the relative relationship with the client, the recovery of outstanding payments and fight against fraud and abuse. Data obtained by GOOMAH SA may be used for marketing purposes (for example, Newsletters), if the client has no objection.

In order to execute your order, we will have to give your personal data to other companies, such as our couriers responsible for logistics and our financial services partners for credit card transactions. Said data may be used by those receiving it, exclusively for the purposes relating to their services. We do not give your personal data to any other organisations or companies.

Further information relating to the type, reach, location and objectives of the collection, transformation and use of personal data can be found in the section titled, Privacy Policy, on the www.assos.com/manga.Yio website.

The client must agree explicitly to the collection and use of their personal data.

The client has the right, at any time, to revoke consent for future use of data by informing GOOMAH SA or e-mailing info@goomabike.com

If this is the case, we promise to immediately delete the client’s personal data, unless an order is being processed.

We are very happy to provide any information relating to your registered data at any time. For further information, please contact:

GOOMAH SA

via Bosia 11A, Paradiso, Lugano – Switzerland

§ 12 Final Provisions

12.1 Governing Law And Competent Jurisdiction

Swiss Law governs on an exclusive basis all contractual conditions between GOOMAH SA and the client. Commercial UN law is not applicable.

For all controversies deriving from the business relationship between the client and GOOMAH SA, the competent jurisdiction is that of the headquarters of GOOMAH SA alone. However, we reserve the right to summon the client to any other competent court.

12.2 Severance Clause

In the case in which a clause of these Conditions Of Sale were to be null or should become so in the future, the validity of all other Conditions or Agreements will not be affected.