Selle Royal Spa
Via Vittorio Emanuele 119
36050 Pozzoleone (VI)
Italy

VAT number: 01577350240
Chamber of Commerce of Vicenza

Owner contact email: shop@brooksengland.com

Information about Brooks England

Brooks England is an e-commerce dedicated to the world of cycling. On the website, the customer can buy saddles, backpacks, bags, helmets, bicycle accessories and spare parts from the most innovative and distinct brands in the field.

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing Brooks England. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Brooks England as outlined in the present document. “Brooks England” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use Brooks England, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Registration, content on Brooks England and prohibited use of Brooks England

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Brooks England or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

• User has violated this Agreement; and/or
• User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
• the use of Brooks England by the User may result in violation of law or regulations; and/or
• in case of an investigation by legal action or governmental involvement; and/or
• the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content available on Brooks England

The content available on Brooks England is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Brooks England, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Brooks England, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Brooks England, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on Brooks England or any portion of it;
• circumvent any technology used by Brooks England or its licensors to protect content accessible via it;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Brooks England;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Brooks England or its content;
• rent, lease or sublicense Brooks England;
• defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
• disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
• misappropriate any account in use by another User;
• register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Brooks England in any way;
• use Brooks England in any other improper manner that violates the Terms.

Terms and conditions of sale

Purchase

Purchasing process

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.

The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.

Sale Prices

The stated prices include VAT. Fi’zi:k reserves the right to make price changes at any time, without affecting the confirmed orders.

Customer is responsible for shipping costs and any related tax or duty, safe differently agreed with the Vendor; more details about the shipping costs and applied rates can be found here.

Methods of payment

Brooks England uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

Any declined payment costs shall be borne by the User.

Offers and discounts

The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time. The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Brooks England. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.

Transfer of data

To all Customers resident or in any case domiciled in the United Kingdom

All goods shipped in UK will be invoiced by the UK company Pannier Ltd. at 19 Highfield Road, Edgbaston, Birmingham, B15 3BH, England, United Kingdom, controlled by the Italian company Selle Royal Group S.p.A.

Pannier Ltd. will process in a proper manner the Personal Data of the Customers, as above described, in compliance with Regulation (EU) no. 2016/679 on the protection of personal data, in order to provide billing service and collection service of the related amounts.

Owner and data controller:

Selle Royal Group S.p.A.

Via Vittorio Emanuele 119

36050 Pozzoleone (Vicenza)

Italy

VAT No. 01577350240

E-mail: privacy@selleroyal.com

No refund policy

Refunds are not granted under any circumstances, but eligible Users can send a request to exercise the right of withdrawal as described in the relevant section of this document.

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services via Brooks England the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.

To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.

The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the right of withdrawal

Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.

The right of withdrawal is excluded in all cases relating to:

• Goods made to specifications or clearly personalized;
• Goods which are liable to deteriorate or expire rapidly;
• Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.

If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Guarantee

The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.

To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:

• If repair and replacement are impossible or prohibitively expensive;
• If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
• Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.

The User is obliged to return the defective products.

Indemnification and limitation of liability

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Limitations of liability

Brooks England and all functions accessible through Brooks England are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Brooks England and functions accessible through Brooks England are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Brooks England. Therefore, the Owner shall not be liable for:

• any losses that are not a direct consequence of the breach of the Agreement by the Owner;
• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of Brooks England due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
• incorrect or unsuitable use of Brooks England by Users or third parties.

Miscellaneous

Service interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Brooks England.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Brooks England and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of Brooks England which is hereby considered to be part of these Terms.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Brooks England are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Brooks England are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Brooks England.

Users who continue to use Brooks England after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Brooks England must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Dispute resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.