General Terms and Conditions of Sale, in force from 28/01/2026.
INTRODUCTION
This notice is provided for the website https://evolutionmotorcycle.it/ (Site).
Seller details: Bikilia S.r.l. - STRADA STATALE 85 Venafrana 230, 86079 Venafro IS
Article 1 Scope of application
1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Where the Site allows it, entering your tax code (codice fiscale) when making a purchase means you are acting as a Consumer within the meaning of Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please note that a Consumer is a natural person acting for purposes unrelated to any business, commercial, professional or craft activity they may carry out. If, instead, the option to enter a VAT number (partita IVA) is provided, whether yours or that of a legal entity, this implies a purchase as a "Professional", within the meaning of Article 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person acting within the scope of their business, commercial, craft or professional activity, or an intermediary acting on their behalf. The implications of purchasing as a Consumer rather than as a Professional will be described later in this document.
1.3 The time periods stated are to be understood as working days, therefore excluding Saturdays, Sundays and national public holidays. The images and descriptions on the Site are to be understood as indicative only. Colours may differ from the actual colours due to the settings of the computer systems or devices you use to view them.
1.4 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms will take effect from the moment they are published on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of these General Terms and Conditions of Sale before making any purchase.
1.5 The General Terms and Conditions of Sale that apply are those in force on the date the purchase order is sent.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. Before entering into any commercial transaction with such parties, you must check their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring of websites accessible through such links. The Seller is therefore not responsible for the content of such websites, nor for any errors and/or omissions and/or breaches of law by them
1.7 You are required to read these General Terms and Conditions of Sale carefully, as well as all other information the Seller provides on the Site, including during the purchase process.
1.8 In no event shall the Seller be held liable to you or to third parties for any indirect, incidental, special or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or from the inability to use it. The Seller cannot guarantee or state: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete and up to date.
1.9 Unless otherwise agreed with the Seller, orders cannot be submitted by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 Any element of the Site is the property of the Seller or of third parties. Unless the Seller gives specific written consent, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or any part of the content of the Site.
Article 2 Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure set out on the Site itself, entering the details requested at each step. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect, or become aware, of any improper use or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information you provide is complete and truthful, and you undertake to keep the Seller indemnified and held harmless from any damage, compensation obligation and/or penalty arising from, or in any way connected with, a breach of this undertaking. You undertake to inform the Seller immediately if you suspect, or become aware, of any improper use or improper disclosure of your access credentials for the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any regulatory provision.
2.5 You do not need to accept these General Terms and Conditions of Sale in order to place orders on the Site. In any case, sending the purchase order constitutes acceptance of this document.
2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the party to whom the user addresses their order, in order to accept the offer and conclude the sales contract; (ii) the party that assumes, towards the user, the pre-contractual obligations arising from the offer; (iii) the party that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own trading name. Therefore, where the Seller's name is used on the Site and/or in communications with customers relating to the Site, or where the first person plural ("We") is used, the reference is to be understood as referring to the Seller as well as to the Site.
2.8 The Seller does not guarantee that the Site will be operating and available at all times. Updates to the CMS platform may occur, which could lead to a temporary suspension of the service. The Seller accepts no liability for any loss or damage the user may suffer as a result of this.
2.9 After purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller details; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional charges; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colours of the Products shown on the Site are indicative and may depend on the display resolution of the user's device. The Seller accepts no liability if the colour of the Product differs from what the user expected. Users are invited to contact the Seller if they have any doubts about the colour of one or more Products shown on the Site.
Art. 3 Product availability
3.1 The Products offered on the Site are available in limited quantities. It may therefore happen, including because several users may purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.
3.2 Availability information for the Products is shown on the Site. Product availability is continuously monitored and updated. However, since the Site may be visited by several users at the same time, several users may buy the same Product at the same moment. In such cases the Product may appear available for a short time when it is in fact sold out or not immediately available, and it may be necessary to wait for restocking.
3.3 You will be informed if the ordered Product is unavailable. In that case you will be entitled to terminate the purchase contract. However, please note that before you request termination of the contract, the Seller reserves the right to take the following measures:
- Where restocking is possible, a postponement of the delivery times offered by the Seller, indicating the new delivery date.
3.4 Where a refund is requested for amounts paid for Products that have subsequently proved unavailable, the Seller will make the refund within a maximum of 2 days.
3.5 If you exercise the right of termination, the contract is terminated. If the payment of the total amount due, consisting of the price of the Product, shipping costs, where applicable, and any other additional costs, as shown in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment methods" below.
Art. 4 Prices
4.1 On the Site, prices include IVA.
4.2 In addition, prices on the Site do not include the RAEE contribution, as the Products sold are not subject to that regime.
4.3 The Seller reserves the right to change Product prices at any time without notice, provided that the price charged to you will be the one shown on the Site when the order is placed, and that any changes (increases or decreases) made after the order has been sent will not be taken into account.
4.4 Product shipping costs are payable by you, unless otherwise agreed.
4.5 The Seller will ship the Products only after receiving confirmation that payment has been authorised or that the Total Amount Due has been credited. Ownership of the Products will pass to you at the time of shipment, meaning the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will pass to you when you, or a third party you designate other than the carrier, take physical possession of the Products.
4.6 The purchase contract is subject to a resolutive condition of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will accordingly be cancelled.
4.7 If there is an error in the price of a Product shown on the Site, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been placed. In this case the customer may accept the new price or terminate the purchase contract. The Seller may also cancel the purchase of the Product in these cases. The Seller may also cancel the sale if there is an error in the Product's availability.
Art. 5 Payment methods
5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.
5.2 On the Site you may pay by payment card. The charge will be made only after (i) the details of the payment card you used have been verified and (ii) the card issuer has authorised the charge. Pursuant to Directive 2015/2366/ (UE) on payment services in the internal market (PSD2), users are informed that they may be asked to complete the purchase by meeting the authentication requirements of the payment provider handling the online payment. The authentication requirements relate to the user's identity (to meet this requirement the user must be registered on the Site when making the purchase) and to simultaneous knowledge of the authentication code sent by the payment provider (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site. The confidential payment card data (card number, cardholder, expiry date, security code) is encrypted and sent directly to the payment processor without passing through the Seller's servers. The Seller therefore never has access to, and does not store, your payment card data used to pay for the Products, even if you choose to save such data on the Site. The payment cards accepted can be viewed in the footer of the Site and/or during the purchase process.
- Visa.
- MasterCard.
- American Express.
- ApplePay.
- Shopify Payments.
- Google Pay.
- Maestro.
- UnionPay.
5.3 On the Site, you can pay by bank transfer. The bank details are shown on the Site. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 On the Site, purchases cannot be made by cash on delivery, unless otherwise agreed with the Seller.
5.5 On the Site, you can complete your purchase by entering discount codes, coupons or vouchers. If the value of the discount code is lower than that of the order, the remaining amount can be paid using the payment methods available on the Site. Each discount code may be used for one purchase only. Discount vouchers can in no case be converted into cash.
5.6 Any payment methods other than those listed above are or will be described in this article.
On the Site, you can also make purchases using PayPal. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it, where you will make the payment following the procedure set out and governed by PayPal and under the terms and conditions agreed between you and PayPal. The data you enter on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with the Seller. The Seller is therefore unable to access, and does not in any way store, the details of the payment card linked to your PayPal account or the details of any other payment instrument connected to that account.
On the Site, you can also make purchases using financing at TAN and TAEG 0%, offered by Deutsche Bank in partnership with Scalapay. With Deutsche Bank you can finance the full amount of the item purchased. Financing may range from 10 to 20 months on amounts from 1.500€ to 15.000€. Approval takes a few hours, and the first instalment payment will be charged after 30 days. The terms of use of this service are governed directly by Deutsche Bank. Further information is available at www.dbeasy.it.
On the Site, you can also make purchases using Klarna's instalment payment option. The first payment is charged when the order is dispatched and/or when the purchase contract is concluded, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Klarna). If you choose Klarna as your payment method, you will be redirected to the website www.klarna.com, where you will follow the procedure set out and governed by Klarna and under the terms and conditions agreed between you and Klarna. The data you enter on the Klarna website will be processed directly by Klarna and will not be transmitted to or shared with the Seller.
On the Site, you can buy using the "PayPal Later" payment tool. This allows you to pay for the Service in 3 instalments, interest-free. The terms of use of this service are governed directly by PayPal. Further information is available at www.paypal.com.
On the Site, you can also make purchases using instalment payment provided by HeyLight. This service is provided by Compass Banca S.p.A., a sole-shareholder company subject to the management and coordination of Mediobanca S.p.A., P.I. Gruppo IVA Mediobanca. HeyLight offers payment in 20 monthly, interest-free instalments, for purchases from 400 € to 5000 €. Payment is charged to a current account or to a credit or debit card (prepaid cards are not accepted). With HeyLight, you buy what you want and pay little by little, interest-free, and the first instalment is due after 30 days. The request for instalment payment is subject to the outcome of checks by Compass Banca S.p.A. Further information is available at https://heylight.com/
On the Site, you can also make purchases using instalment payment provided by Agos. This is a classic credit loan ranging from 6 to 48 months on amounts from 200€ to 10.000€, with a Tan of 9.97%. The first instalment payment is due after 30 days. The terms of use of this service are governed directly by Agos. Further information is available at the website www.agos.it.
On the Site, you can also make purchases using instalment payment provided by Scalapay, with 3 instalments, which allows immediate availability of the product and payment in 3 instalments of the same amount, from a minimum of 5€ up to a maximum of 2000€. The service has no additional costs if the amounts are paid by the due date. For all terms and conditions, please refer to the website www.scalapay.com.
5.7 In accordance with Legislative Decree No. 26 of 7 March 2023, the prices published on the Site have not been personalised on the basis of automated decision-making. The prices shown on the Site are therefore not influenced by the consumer's previous purchasing behaviour.
5.8 When a price is reduced, for technical reasons the Site is unable to show the lowest price applied to consumers generally in the 30 days prior to the price reduction being applied. For more information on price change policies, you are invited to contact the Seller using the details given in the Preamble.
5.9 If, for any reason, the Seller makes any kind of refund in your favour for the purchase of one or more Products, the Seller will refund using the same payment method used by you. Any delays in the refund may depend on the bank, the type of credit card or the payment solution used.
Art. 6 Delivery of Products
6.1 Delivery of the Products is available in: Europe. The User may always contact the Seller for more information about delivery of the Products, for example to find out whether delivery may also be available in countries other than those indicated on the Site.
6.2 The delivery obligation is fulfilled by transferring to you physical availability or, in any case, control of the Product.
6.3 Delivery time for the Products from the order being sent: after 5/6 working days.
6.4 The term stated in Art. 6.3 is to be understood as indicative and not binding. The Seller therefore reserves the right to deliver the Products within 30 days of the order being sent. It is for you to check the condition of the Product delivered. Provided that the risk of loss or damage to the Product, for causes not attributable to the Seller, passes when you, or a third party designated by you and other than the carrier, physically take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the closing materials, and invites you, in your own interest, to note any anomalies on the carrier's transport document, accepting the parcel under reservation. Should the package show clear signs of tampering or alteration, it is advisable to notify the Seller promptly.
6.5 With regard to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product from a "collection point" other than the address you provided during the purchase process. You are nevertheless invited to check the Site regularly to see whether this delivery option is made available on the Site at a later date.
Art. 7 Right of Withdrawal
7.1 The User is invited to read this article carefully, as it governs the right of withdrawal and its exclusions.
7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without having to give a reason. If you purchased as a Trader, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.
- On subsequent purchases you are invited to review this article to check for any exclusions to the right of withdrawal that may apply, for example upon an express waiver of that right, if you choose to buy the product by instalment payment with dedicated finance.
7.3 Where you are a Consumer (and provided no exceptions to this effect set out in this article apply), you have the right to withdraw from the purchase contract for the Product without having to give any reason and without incurring costs other than those set out in this article, within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- for an order relating to a single Product, from the day on which you, or a third party other than the carrier and designated by you, take physical possession of the Products;
- for a Multiple Order with separate deliveries, from the day on which you, or a third party other than the carrier and designated by you, take physical possession of the last Product; or
- for an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you, or a third party other than the carrier and designated by you, take physical possession of the last lot or piece.
The Customer, although a consumer, unconditionally waives the right of withdrawal in the case of an online order of made-to-measure products, or where they choose to pay by instalments or through dedicated financing, thereby knowingly declaring that they waive their right of withdrawal. The waiver declaration will be suitably highlighted to the Customer during the final stage of the purchase, in the "payment methods" section, when they select one of the payment methods that gives rise to their waiver declaration on the right of withdrawal.
7.4 To exercise the right of withdrawal, you must inform the Seller, before the Withdrawal Period expires, of your decision to withdraw. For this purpose, you may write to the Seller at the contact details indicated in the Preamble, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the Withdrawal Period expires.
7.5 Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is responsibility for their transport. Where the right of withdrawal is exercised, the Product must be delivered to the Seller's premises, or to the other address notified by the Seller.
7.6 Where the right of withdrawal applies, the Seller will refund the Total Amount Due, including delivery costs where applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. Where the Products were shipped using a carrier chosen by the Consumer and at the Consumer's expense, the Seller may withhold the refund until the Products are received or until the Consumer has provided proof of having returned the Products, whichever is earlier.
7.7 The Consumer is solely responsible for any decrease in the value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal care and returned intact, complete in every part, in perfect working order, with all accessories and instruction leaflets, with identification tags, labels and single-use seal, where present, still attached to the Product and intact and not tampered with, and in perfect condition for the use for which it is intended and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product as a whole. It therefore cannot be exercised in relation to parts and/or accessories of the Product.
7.8 If the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund an amount equal to that decrease in value. The Seller will notify you of this circumstance and of the resulting reduced refund amount, providing, if the refund has already been paid, the bank details for payment of the amount due from you because of the decrease in value of the Product. If the right of withdrawal has not been exercised in accordance with the applicable regulations, it will not lead to termination of the contract and, consequently, will not give rise to any right to a refund.
7.9 This article covers a very important matter relating to return shipping costs in the event of withdrawal. In light of the above, the Seller considers it appropriate to point out that the costs of returning the Product will be borne by you and under your responsibility.
Products must be returned to the address indicated in the "Seller's Details" section in the Preamble or to the address communicated from time to time by the Seller.
For the general conditions on the returns policy, please see the page Terms and Conditions – Evolution Motorcycle
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity they may carry on.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from delivery. The action to enforce defects not fraudulently concealed by the Seller is in any case time-barred after twenty-six months from delivery of the goods. For refurbished/used products you accept that the legal guarantee of conformity under the Consumer Code shall be 12 months. Your consent is given by accepting these General Terms and Conditions of Sale. This provision applies only if you purchased as a Consumer.
8.3 Unless proven otherwise, a lack of conformity that becomes apparent within twelve months from delivery of the Product is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month following delivery of the Product, it will instead be for the Consumer to prove that the lack of conformity existed at the time of delivery.
8.4 In case of lack of conformity of the goods, the Consumer is entitled to have conformity restored, to receive a proportionate reduction in the price, or to terminate the contract on the basis of the conditions set out in art. 135-bis et seq. of the Consumer Code.
8.5 The Seller is not liable for damage of any kind arising from use of the Product that is improper and/or not in accordance with the instructions provided by the manufacturer, or for damage arising from fortuitous event or force majeure.
8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case the statutory warranty is governed by arts. 1490 et seq. of the Civil Code; in particular, the time limit for reporting any defects is 8 days from discovery and the action becomes time-barred after 1 year from delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional guarantee over and above the Legal Guarantee of Conformity that the Seller may provide on the Products. Products sold on the Site may, depending on their nature, be covered by a commercial guarantee issued by the manufacturer (Commercial Guarantee). You may enforce that guarantee only against the manufacturer. The duration, scope, including territorial scope, conditions and methods of use, types of damage/defects covered and any limitations of the Commercial Guarantee depend on each manufacturer. The Commercial Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Contracts of purchase concluded through the Site are governed by what is set out in these General Terms and Conditions of Sale and, for matters not provided for, by the Italian Consumer Code.
10.2 Please note that, in the case of a Consumer user, for any dispute relating to the application, performance and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction. In the case of a professional user, for any dispute relating to the application, performance and interpretation of this document, the court where the Seller is based, as provided for in the Preamble, has jurisdiction instead.
10.3 The Seller informs the user who holds Consumer status that, if they have submitted a complaint directly to the Seller and, as a result, it has nevertheless not been possible to resolve the dispute, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these Terms and Conditions of Sale (ADR bodies), specifying whether it intends to use such bodies to resolve the dispute itself.
10.4 The Seller also informs the user who holds Consumer status that a European online dispute resolution platform for consumer disputes has been established (the so-called ODR platform). The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user can view the list of ADR bodies, find the link to each of their websites and start an online dispute resolution procedure in which they are involved.
10.5 Nothing in these Terms and Conditions of Sale affects the right of the Consumer user to bring the dispute before the competent ordinary court, whatever the outcome of the out-of-court dispute settlement procedure relating to consumer relations under the procedures set out in Part V, Title II-bis of the Consumer Code.
The user who resides in a Member State of the European Union other than Italy may also, for any dispute relating to the application, performance and interpretation of these Terms and Conditions of Sale, use the European small claims procedure established by Regulation (CE) No 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interest, rights and costs, does not exceed Euro 5.000,00. The text of the Regulation is available on the website http://www.eur-lex.europa.eu.
Art. 11 Customer service
11.1 You may request information, send communications, request assistance or submit complaints by contacting the Seller at the details given in the Preamble, or by using the contact form possibly available on the Site.
11.2 The Seller responds within an indicative time of 1 days.
Art. 12 Reviews
12.1 Pursuant to what is provided in Legislative Decree No. 26 of 7 March 2023, the Site allows users to publish reviews. The Seller guarantees that published reviews come from consumers who have actually purchased or used the Product. This is because the user receives an email after purchase on the Site containing a request to publish their review on the Site. Therefore, as the email is only received after purchase, it is reasonable to consider that the related review reflects a genuine purchase experience on the Site by the user. Some of the reviews published on the Site may have been solicited, for example through the sending of a discount voucher. In such a case, this circumstance is duly indicated on the solicited review. In addition, reviews arising from sponsorships or a relationship with a professional (e.g. an influencer) may be published; this circumstance is also duly disclosed on the relevant review.
12.2 The tool used to publish reviews is TrustedShops, from the company Trusted Shops AG. . For more information about this tool, please see www.business.trustedshops.com.
Art. 13 Miscellaneous
13.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time remain unaffected.