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LIABILITY

1. To the extent permitted by the applicable law, if APG SRL fails to comply with these general conditions we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these general conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.

2. Despite having paid the utmost attention to the creation of the Website, any information, texts, documents, graphics, movies, music and any other services here included may contain mistakes or be incorrect or incomplete. To the extent permitted by applicable law, we are not liable for damages caused by viruses or by other technologically harmful material that may infect your computer equipment, computer programs or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or to any incorrectness or incompleteness of the Website. Although we use encrypted security software, the security of information and payment transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communication.

3.In the event you have suffered damages as a result of our activities related to your purchases of our products through the Website, to the extent of applicable law our liability will be limited to:

3.1. damage to APG SRL or ALE’ product or to other materials;

3.2. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under 3.1;

3.3. reasonable and demonstrable costs incurred by you to prevent or reduce the damages under 3.1.

To the extent permitted by law, the maximum reimbursement of the above mentioned damages (if applicable) will be the purchase price of the products concerned.

4. We shall not be liable for damages incurred by a third party resulting from the use of any of our products. We shall not be liable for damages incurred by you as a result of your improper use of any of the products.

5. Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Italian law or other applicable law.

6. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

7. Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you 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. Those works are protected by copyright laws around the world. All such rights are reserved.

2. You may print off one copy and may download extracts of any pages from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.

3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4. APG SRL’s status as the owner of content on the Website must always be aknowledged.

5. If you print off any part of the Website in breach of these general conditions, your right to use the Website will immediately cease and you must, at our option, return or destroy any copies of the materials you have made.

APPLICABLE LAW

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Italian law and/or other applicable law.

CONSUMERS’ DISPUTE RESOLUTION

Consumers residing in Europe should be aware that the European Commission has established an online platform providing an alternative way of resolving a dispute. The Online Dispute Resolution instrument can be used by European consumers to resolve their disputes out-of-court and which are arising from goods or service sales contracts performed online.

Therefore, if the user of our e-commerce is a European consumer, they can use such platform to resolve any disputes arising from the online contract that has come into existence with A.P.G. Srl. This platform is available at the following link: ec.europa.eu/consumers/odr/.

We are happy to answer any questions that you can send by e-mail to the e-mail address indicated in this document.

AVAILABILITY OF THE WEBSITE

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

USER’S ACCOUNT AND PASSWORD

If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our customer service at customer@apgcycling.com

LINKED SITES

The Website provides links to external Internet sites. We shall not be liable for the use of the content of Internet sites that link to this site or which are linked from it.

VARIATION OF GENERAL CONDITIONS

We may revise these general conditions from time to time. Every time you order products from us the general conditions in force at that time will apply to the contract between you and us. Whenever we reivise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the beginning of this document.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these general conditions.

2. You may only transfer your rights or your obligations under these general conditions to another person if we agree in writing.

3. Each of the paragraphs of these general conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

4. If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

5. We will not file a copy of the contract between us.

6. A.P.G. srl is not liable for any delays or mistakes in the implementation and fulfillment of the obligations set out in these Terms and Conditions, which are beyond its reasonable control.