Liability

2. Although the utmost care has been taken in creating the Website, the information, texts, documents, graphic elements, videos, music, and any other services contained herein may include errors or otherwise be inaccurate or incomplete. To the extent permitted by applicable law, our Company assumes no responsibility for any damage caused by viruses or other harmful material that may infect the user’s computer, software, or other proprietary materials as a result of the user’s use of the Website or downloading any content available on it or on any website linked to it, or caused by any errors or omissions on the Website. Despite the use of security and encryption technologies, the security of data and payments transmitted via the Internet or by email cannot be guaranteed. Our Company shall not be liable in any way for damages suffered as a result of the use of electronic communication devices.

3. If the user suffers damages as a result of the activities of our Company in connection with the purchase of products through the Website, to the extent permitted by applicable law, the liability of our Company shall be limited to:

3.1. damage to APG SRL or ALÉ products or other materials;

3.2. reasonable and demonstrable costs incurred by the user to identify the cause and amount of the damages referred to in point a);

3.3. reasonable and demonstrable costs incurred by the user to prevent or reduce the damages referred to in point a).

To the extent permitted by applicable law, the maximum compensation for the aforementioned damages shall be (if applicable) the purchase price of the products concerned.

4. Our Company shall not be liable for any damages suffered by third parties as a result of the use of our products. Our Company assumes no responsibility for damages suffered by the user as a result of improper use of our products.

5. Nothing in these general terms excludes or limits the liability of our Company for death or personal injury resulting from negligence or fraud or fraudulent misrepresentation by our Company, or for any other liability that cannot be excluded or limited under Italian law and/or other applicable law.

6. To the extent permitted by applicable law, our Company excludes all conditions, warranties, representations, or other terms that may apply to the Website or its content, whether implied or express.

7. Please note that our Company provides the Website for domestic and private use only. The user agrees not to use the Website for any commercial or business purposes, and our Company shall have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

INTELLECTUAL PROPERTY RIGHTS

  1. APG SRL owns all intellectual property rights in the Website and in the material published on it. These works are protected by copyright laws worldwide. All rights are reserved.
  2. The user may print one copy and may download extracts of any page(s) from the Website only as strictly necessary to place an order with our Company or to use the Website as a shopping resource.
  3. The user may not modify the paper or digital copies of any materials printed or downloaded in any way, and may not use any illustrations, photographs, videos, audio sequences, or any graphics separately from the accompanying text.
  4. The status of A.P.G. as the owner of the Website content must always be acknowledged.
  5. If the user prints, copies, or downloads any part of the Website in breach of these General Terms, the user’s right to use the Website will cease immediately and the user must, at our Company’s option, return or destroy any copies of the materials made.

GOVERNING LAW

These general terms and all disputes arising in connection with them, including disputes relating to their validity or the use of the Website or any purchase made on the Website, shall be governed by Italian law and/or other applicable law.

ONLINE DISPUTE RESOLUTION FOR CONSUMERS

Consumers residing in Europe should be aware that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool may be used by European consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Accordingly, if the user of our e-commerce is a European consumer, they may use this platform to resolve any dispute arising from the online contract entered into with A.P.G. Srl. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

Our Company is available to respond to any inquiries submitted via email to the email address published in this document.

WEBSITE AVAILABILITY

Our Company does not guarantee that the Website, or any content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. Our Company may suspend, withdraw, discontinue, or change all or any part of the Website without notice. Our Company shall not be liable to the user if the Website is unavailable at any time or for any period.

USER ACCOUNT AND PASSWORD

If the user chooses to register on the Website, they must treat their username and password as confidential and must not disclose them to any third party. Our Company has the right to disable any user identification code or password, whether chosen by the user or assigned by our Company, at any time, if in our reasonable opinion the user has failed to comply with these terms of use. If the user knows or suspects that a third party knows their identification code or password, the user must promptly notify Customer Service at the email address customer@apgcycling.com.

LINKED WEBSITES

The Website contains links to external websites. Our Company is not responsible for the use or content of websites that link to this Website or that are accessible from this Website via links.

CHANGES TO THE GENERAL TERMS

Our Company may revise these general terms from time to time. Each time the user orders products from our Company, the terms in force at that time shall apply. Our Company will inform users of any changes to these general terms and will indicate that the terms have been updated by stating the corresponding date at the beginning of this page.

OTHER IMPORTANT TERMS

  1. Our Company may transfer its contractual rights and obligations to another entity, but such transfer will not affect the user’s rights or our obligations under these general terms.
  2. The user may transfer their rights and obligations under these general terms to another party only with the prior written consent of our Company.
  3. Each of the clauses of these general terms operates separately. If any court or competent authority determines that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
  4. If our Company does not insist on strict performance of any of the user’s obligations under these general terms or does not exercise any of its rights against the user, or delays in doing so, this shall not be construed as a waiver of those rights nor shall it mean that the user does not have to comply with those obligations. Any waiver by our Company of a breach by the user must be in writing and shall not be construed as a waiver of any subsequent breach.
  5. Our Company does not retain a copy of the contract with the user.
  6. A.P.G. disclaims any liability for delays or errors in the performance of, or compliance with, the obligations set out in these Terms and Conditions that are beyond its reasonable control.