Terms of service

1. Subject Matter

These General Terms and Conditions govern the distance sale of products marketed through the website www.all4cycling.com by Lunar Sport S.r.l., with registered office at Via Gianfranco Miglio 2, 21045 Gazzada Schianno (VA), VAT No. 03030530129, e-mail contact@all4cycling.com.

Lunar Sport S.r.l. is registered with the Varese Chamber of Commerce under REA number VA 315003. The seller may also be contacted by telephone at +39 0332 816961 and at the certified e-mail address (PEC) lunarsport@pec.lunarsport.com.

By submitting an order, the customer fully accepts these General Terms and Conditions of Sale.

These General Terms and Conditions are made available to the customer before the order is submitted, so that they may be reviewed, stored and reproduced.

The provisions of these General Terms and Conditions expressly referring to consumers apply exclusively to natural persons purchasing for purposes unrelated to their business, commercial, craft or professional activities.

2. Conclusion of the Contract

The sales contract shall be deemed concluded only when the seller sends the customer an express order confirmation by e-mail.

Before submitting the order, the customer may review and correct the information entered and the products selected.

To make a purchase, the customer selects the products, enters the required information, reviews the order summary and submits the order.

The contract is stored electronically by the seller. Registered customers may view their orders in the relevant personal account area.

The contract may be concluded in the languages made available on the website.

The seller reserves the right to refuse orders, before sending the express order confirmation and therefore before the conclusion of the contract, in the following cases:

• unavailability of the product;
• obvious errors relating to the price or product description;
• anomalies in IT systems;
• suspected fraudulent or abusive activity;
• incomplete or inaccurate customer information.

In such cases, the customer shall only be entitled to a refund of any amounts already paid, without any further claim for compensation or damages.

3. Product Availability

Before the conclusion of the contract, the product availability indicated on the website is purely indicative and non-binding, as it may be affected by simultaneous purchases, warehouse synchronisation errors, delays in updating IT systems or other technical causes.

If an ordered product becomes unavailable even after the order has been confirmed, the seller shall promptly inform the customer and, at the customer's choice, shall:

• refund the amount paid;
• replace the product with an equivalent product, subject to the customer's acceptance;
• issue a voucher or credit that can be used on the website.

The seller shall not be liable for any damage resulting from product unavailability where this is due to a subsequent impossibility not attributable to the seller.

4. Prices and Material Errors

All prices are generally expressed in Euro and include VAT, unless otherwise stated.

In markets where local currencies are displayed, prices may be determined through currency conversion. Before submitting the order, the customer is clearly informed of the applicable currency, total price, taxes, shipping costs and any additional mandatory charges.

The amount and currency indicated in the final order summary constitute the amount payable to the seller. Any currency conversion fees or other charges independently applied by the customer's bank, card issuer or payment service provider are not collected by the seller.

The seller reserves the right to change prices at any time, provided that the customer will be charged the price indicated at the time the order is confirmed.

In the event of obvious or recognisable errors relating to the price, description or characteristics of the product resulting from technical, IT or material errors, the seller shall have the right to cancel the order even after confirmation, promptly informing the customer and refunding any amounts already paid.

Examples of manifest errors include:

• a price that is clearly negligible compared with the market value;
• anomalies caused by system malfunctions;
• discounts that are clearly incompatible with the product and/or prices.

5. Payments

Payment may be made using the methods indicated on the website.

The seller reserves the right to carry out anti-fraud checks and to cancel orders considered suspicious.

Anti-Fraud Checks and Suspicious Orders

In order to prevent fraud, misuse of the website, unauthorised payments or unlawful activities, the seller reserves the right to carry out checks on orders placed by customers.

The seller may temporarily suspend the processing of an order or request additional documentation where it identifies elements considered unusual or potentially fraudulent, including, by way of example:

• inconsistencies in payment details;
• unusual use of coupons or promotions;
• multiple or repeated high-value orders;
• incomplete or unverifiable personal details;
• use of anonymisation systems or tools considered high-risk;
• previous payment disputes or chargebacks;
• technical anomalies in purchasing systems;
• conduct incompatible with the normal principles of good faith in contractual dealings.

The customer undertakes to provide, where requested, any information or documents necessary to verify the legitimacy of the transaction.

If no response is received within the period specified by the seller, or if reasonable doubts remain as to the regularity of the order, the seller may cancel the order.

In the event of cancellation, the customer shall only be entitled to a refund of any amounts already paid, without any further compensation or damages.

The seller also reserves the right to restrict, suspend or refuse access to the services offered through the website in the event of abusive, fraudulent conduct or conduct contrary to these General Terms and Conditions.

The customer is invited to contact the seller before initiating payment disputes or chargeback procedures with their bank or payment service provider.

In the event of manifestly unfounded, fraudulent or abusive disputes, the seller reserves the right to:

• provide documentation relating to the order to the competent authorities;
• take action to recover any amounts due;
• restrict or prevent future purchases on the website.

The consumer's rights under applicable law remain unaffected.

6. Shipping and Delivery

The delivery times indicated on the website are estimated and are not essential contractual terms.

The seller shall not be liable for delays attributable to:

• the carrier;
• force majeure;
• strikes, weather events or logistical issues;
• technical or IT malfunctions.

Delivery times are those communicated to the customer before the order is submitted and may vary depending on the product, availability, destination country and any customs formalities required. For shipments subject to customs procedures, delivery times exceeding thirty days may be indicated. In the absence of an indicated and accepted different delivery period, the period provided for under applicable law shall apply.

The customer is invited to check the integrity of the parcel upon delivery and to promptly report any irregularities to the carrier, including by accepting the parcel subject to reservation.

7. Right of Withdrawal

The customer may withdraw from the purchase within 14 days from delivery, without having to provide any reason.

If the order has not yet been prepared or shipped, its cancellation may be requested. If it is no longer possible to stop the order, the withdrawal shall be handled through the return of the product.

Lunar Sport S.r.l. also offers an extended commercial return period of up to 60 days from delivery.

The conditions, procedures, costs and time limits relating to the right of withdrawal can be found in the complete information on withdrawal, order cancellation and returns.

The product must be returned:

• intact;
• not used beyond what is necessary to establish its nature and characteristics;
• complete with tags, original packaging, accessories, manuals and any complimentary items.

The consumer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The absence of packaging, original packaging or tags shall not automatically result in a reduction or refusal of the refund. Any diminished value shall be assessed on a case-by-case basis according to the actual loss in value suffered by the product.

The seller reserves the right to deduct from the refund an amount proportionate to the loss in value suffered by the returned goods.

Exclusions from the Right of Withdrawal

The right of withdrawal is excluded in the following cases:

• supply of made-to-measure or personalised products;
• supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been opened, used, worn or had their original seal removed after delivery;
• products which, by their nature, have been altered, contaminated or are no longer suitable for sale as new as a result of use by the customer.

By way of example and without limitation, the right of withdrawal may be excluded for intimate products, accessories in direct contact with the body or other items for which hygienic integrity can no longer be guaranteed after opening or use.

The seller reserves the right to inspect the condition of the returned product. If the goods have been used beyond what is necessary to establish their nature, characteristics and functioning, the refund shall be reduced in proportion to the actual diminished value of the product, without prejudice to cases where the right of withdrawal is excluded by law and to non-compliant or abusive returns.

Refund

In the event of valid exercise of the statutory right of withdrawal, the seller shall refund all payments received from the consumer.

Lunar Sport S.r.l. shall issue the refund without undue delay and in any event within 14 days from notification of the withdrawal. Lunar Sport S.r.l. may withhold the refund until the returned products have been received or until the customer provides evidence that they have been shipped, whichever occurs first.

The conditions, procedures, costs and time limits relating to refunds can be found in the complete information on withdrawal, order cancellation and returns.

8. Non-Compliant or Abusive Returns

Within the framework of the statutory right of withdrawal, the seller reserves the right to reduce the amount of the refund in proportion to the actual diminished value of the product in the following cases:

• product damaged by the customer;
• missing components or accessories and, with reference to the original packaging, only where its absence or damage has resulted in an actual reduction in the value of the product;
• improper use of the goods;
• return of a product different from the one purchased;
• alteration or tampering with the product;
• clear signs of use incompatible with normal inspection of the goods.

The seller may refuse the return or refund where:

• the returned product is different from the one purchased;
• the parcel does not contain the product purchased;
• the product has been replaced, counterfeited or fraudulently returned;
• one of the statutory exclusions from the right of withdrawal applies;
• the request relates exclusively to the commercial return period from the fifteenth to the sixtieth day and the conditions of the relevant commercial return policy have not been met.

If the customer returns a product different from the one purchased, fraudulently substitutes the product, or where a statutory exclusion applies, the seller may claim compensation for damages and report any fraudulent conduct to the competent authorities.

9. Statutory Guarantee of Conformity

Products sold to consumers are covered by the statutory guarantee of conformity provided for under Articles 128 et seq. of the Italian Consumer Code.

Lunar Sport S.r.l., in its capacity as seller, is liable for any lack of conformity existing at the time of delivery which becomes apparent within two years from delivery of the product.

In the event of a possible lack of conformity, the customer must contact Customer Service, which will provide the necessary instructions for assessing and handling the claim.

If the lack of conformity is confirmed, the remedies provided for by applicable law shall apply, primarily repair or replacement and, in the cases provided for by law, a price reduction or termination of the contract.

The guarantee does not cover damage resulting from:

• improper use;
• negligence;
• impacts;
• falls;
• normal wear and tear;
• unauthorised interventions.

10. Limitation of Liability

To the extent permitted by law and except in cases of wilful misconduct or gross negligence, the seller shall not be liable for damage resulting from events not attributable to the seller relating to:

• website interruptions;
• technical malfunctions;
• loss of data;
• delivery delays;
• temporary unavailability of products;
• indirect or consequential damages.

In any event, the seller's liability shall not exceed the amount actually paid by the customer for the purchased product.

11. Force Majeure

The seller shall not be liable for failure to perform or delays caused by force majeure, meaning events beyond the seller's reasonable control, which could not reasonably have been foreseen at the time the contract was concluded and which could not be avoided or overcome by taking reasonable measures. Events of force majeure may include, where they actually meet these requirements:

• power outages;
• cyberattacks;
• software malfunctions;
• interruptions to payment systems;
• strikes;
• pandemics;
• natural events;
• measures taken by public authorities.

12. Applicable Law and Jurisdiction

These Terms and Conditions are governed by Italian law.

For consumers, the court of the consumer's place of residence or domicile shall have jurisdiction in accordance with applicable law.