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These terms and conditions are valid exclusively between the company FM Auto e servizi S.r.l., with registered office in Via Cima 12, 2 - 36060 Romano d' Ezzelino VI - Italy VAT No. 03646370241, hereinafter referred to as ''FM Auto e servizi S.r.l." and any person making purchases online on the fmautoeservizi.com website hereafter referred to as "CUSTOMER". These terms may be subject to changes and the date of publication of the same on the website is equivalent to the date of entry into force. These conditions govern the purchases made on the website www.fmautoeservizi.com.
ARTICLE 1 – Object of the contract
With the present general conditions of sale, FM Auto e servizi S.r.l. sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.fmautoeservizi.com. The contract is concluded exclusively through Internet, the access of the CUSTOMER to the address www.fmautoeservizi.com and the creation of a purchase order according to the procedure provided by the website itself. The customer agrees to review, before proceeding with the confirmation of his order, these general terms and conditions of sale. In the e-mail confirming the order, the CUSTOMER will also receive a link to download and store a copy of these general terms and conditions of sale.
ARTICLE 2 – Pre-contractual information for the consumer
Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the products that are illustrated in the individual product data sheets at the time of the CUSTOMER’ choice. Before the conclusion of the purchase contract and before the validation of the order with payment obligation the CUSTOMER is informed about:
- total price of products including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline within which FM Auto e servizi S.r.l. undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal.
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales service and commercial guarantees provided by FM Auto and Servizi Srl. The CUSTOMER can at any time and before the conclusion of the contract take note of the information related to FM Auto and Servizi Srl, the geographical address, the telephone and fax numbers, e-mail address, information that is reported, also below: FM Auto e servizi S.r.l., with registered office in Via Cima 12, 2 - 36060 Romano d'Ezzelino VI - Italy P.IVA 03646370241 tel. 0424 30793 firstname.lastname@example.org .
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the transmission by FM Auto e servizi S.r.l. to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to communicate promptly to FM Auto e servizi S.r.l. any corrections. FM Auto e servizi S.r.l. undertakes to describe and present the items sold on the website in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the website and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.fmautoeservizi.com do not constitute a contractual element, as they are only representative. FM Auto e servizi S.r.l. undertakes to deliver the goods within 5 days of the dispatch, by FM Auto e servizi S.r.l. to the CUSTOMER, of the order confirmation’ e-mail.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the website of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed. Even after sending the order confirmation’ e-mail sent by FM Auto e servizi S.r.l., there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be immediately notified via e-mail. If the CUSTOMER requests cancellation of the order, resolving the contract, FM Auto and S.r.l. will refund the amount paid within 14 days from the day FM Auto e servizi S.r.l. was aware of the client's decision to terminate the contract.
ARTICLE 5 – Terms of payment
Each payment by the CUSTOMER can only be made using the credit cards indicated on the website www.fmautoeservizi.com, by bank transfer or by using the Paypal payment method. In case of payment by credit card, the actual debit charge of the order amount will occur only when the order is complete and ready for shipment. In case of payment with Paypal, the actual debit charge will be made when FM Auto e servizi S.r.l. will send the order confirmation’ e-mail.
ARTICLE 6 – Prices
All sales prices of the products indicated on the website www.fmautoeservizi.com are in Euro excluding VAT. Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made. The CUSTOMER accepts that FM Auto e servizi S.r.l. might change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of order creation and indicated in the confirmation’ e-mail sent by FM Auto e servizi S.r.l. to the CUSTOMER. In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not envisaged by FM Auto e Servizi Srl, of the selling price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be reimbursed within 14 days from cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. The CUSTOMER who intends to exercise the right of withdrawal must communicate it to FM Auto and S.r.l. by explicit declaration, which can be sent by registered mail with return receipt. The CUSTOMER can exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the model withdrawal form, the text of which is shown below:
(fill in and return this form only if you wish to cancel the contract)
Via Cima 12, 2 - 36060 Romano d'Ezzelino VI - Italy P.IVA 03646370241, e-mail: email@example.com
Herewith I / we (*) notify / notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*) - Ordered (*) / received (*) - Name of / of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is sent in paper copy) - Date
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is obliged to return the goods within 14 days from the day he communicated to FM Auto e servizi S.r.l. their intention to withdraw from the contract.
The goods must be returned to FM Auto e servizi S.r.l. LTD Via Cima 12, 2 - 36060 Romano d'Ezzelino - VI - Italy. The direct costs of returning the products are for the care and charge of the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, accessories, etc.), not installed and undamaged and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, FM Auto e Servizi S.r.l. will refund the amount of the products object of the withdrawal within a maximum period of 14 days with the exception of shipping costs. As foreseen, it may suspend the reimbursement until receipt of the goods or until the demonstration. FM Auto e servizi S.r.l. will make the reimbursement using the same payment method chosen by the CUSTOMER at the time of purchase. In case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he will have to provide FM Auto e Servizi S.r.l., by accessing the contact section, the bank details: IBAN, SWIFT and BIC needed to make the re-payment, by FM Auto e servizi S.r.l.
ARTICLE 8 – Warranty
We guarantee our products against manufacturing defects for one year from the date of invoice, but in any case our liability is limited to the replacement of parts we manufactured or marketed, provided they have not been changed, tampered with used improperly. In case of unavailability of the same parts for replacement, the warranty will be limited to the return of the full price paid by the customer for the purchase. No liability is accepted for any consequence and / or damage deriving from the goods supplied, including, but not limited to: labour costs for dismantling and / or assembly, selection costs, costs for any purchase of complementary parts and costs for production downtimes and replacement cars. The characteristics, performances, weights and measures indicated in the catalogues are intended to be approximate and may change without notice. For materials not manufactured by us, the warranty is granted with all the limitations that may be imposed by our suppliers. For the purposes of the warranty, the goods whose replacement is requested must be returned, in the absence of a return the warranty cannot be applied. Finally, all modifications and tampering with the engine or electronics and any discrepancy in the originality of the vehicle, on which a spare part supplied by us or part of it is mounted, will void our warranty. Moreover, where required, and in any case where shown on the sales invoice, it is mandatory and essential for the activation of the warranty the commissioning or adaptation of the spare parts supplied by us with original diagnosis attested by fiscal document (receipt or invoice) and in any case within the following days from the date of the supply itself.
ARTICLE 9 – Delivery methods
The products will be delivered by express courier not later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation’ e-mail sent by FM Auto e servizi S.r.l.. For every order placed on the website www.fmautoeservizi.com, FM Auto e servizi S.r.l. issues an invoice for the goods shipped. The invoice will be sent by email following payment. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same. The goods always travel at hazard and risk of the customer, our liability is excluded even in case of sale free domicile. It is the duty of the client to verify the conditions of the packages before acceptance, making the necessary reservations to whom it may concern in the event of weight differences or observed breakdowns. Any insurance is the responsibility of the client and must be requested explicitly in the order. In case of failure of the customer to indicate the method of delivery, we will act on our initiative in the best interests of the customer, but without any responsibility for the rates and the chosen transport route.
ARTICLE 10 – Responsibility
FM Auto e servizi S.r.l. assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.
ARTICLE 11 – Access to the website
The CUSTOMER has the right to access the website for consultation and purchase. No other use, in particular commercial, of the website or its contents is permitted. The integrity of the elements of this website, whether audio or visual, and the relative technology used remain the property of FM Auto e servizi S.r.l. and are protected by the intellectual property right.
ARTICLE 12 – Cookies
The website www.fmautoeservizi.com uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the website (pages consulted, date and time of the consultation, etc.) and that allow FM Auto e servizi S.r.l. to offer a personalized service to its customers. FM Auto e servizi S.r.l. informs the Customer of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 13 – Governing Law and Jurisdiction
Italian law and jurisdiction of the Court of Vicenza will govern any dispute.
PLEASE NOTE. THE ABOVE CONDITIONS ARE INTENDED TO BE INTEGRALLY AND UNCONDITIONALLY ACCEPTED WITH THE ISSUE OF THE ORDER, WRITTEN OR VERBAL, WITH THE EXCEPTION OF SPECIFICALLY WRITTEN DEROGATIONS. YOU ACCEPT SPECIFICALLY TO ANY EFFECT OF LAW THE CONDITIONS RELATING TO THE JURISDICTION, THE TERMS IN THE PART WHERE IT IS EXCLUDED THE POWER OF BUYER TO SEEK COMPENSATION FOR DAMAGES AND EXCLUDING THE RESPONSIBILITY OF F.M. AUTO E SERVIZI SRL, AS WELL AS THE DURATION AND CONDITIONS OF WARRANTY AND THE LIMITATIONS PROVIDED (COMPLAINTS AND RETURNS - WARRANTY
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