1.1. These general conditions of sale apply to the purchase of FSA brand products (hereinafter "Products") which will be made through the e-commerce site http://www.fullspeedahead.com/ (hereinafter referred to as " Site ") by qualified users as" Consumers "under the following Article 1.2. The Site, owned by FSA Srl., With Registered Office: Via Francesco Petrarca, 4 - 20123 Milano, Operational Headquarters : Via del Lavoro, 56 - 20874 Busnago (MB) – Italy V.A.T NR: IT 03554300966 - REA MI-2090480 (hereinafter referred to as "Owner") is managed by Lunar Sport srl - with legal headquarters in Corso Leonardo da Vinci, 7, V.A.T NR: IT 03030530129 - REA: VA-315003 (hereinafter "LUNAR").
1.2. LUNAR deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products through the Site will be considered as part of LUNAR, as the seller (hereinafter "Seller"), and the person who purchases one or more Products for purposes other than their business, commercial, craft or professional, as buyer (hereinafter referred to as the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties" below).
1.3. The Owner is not part of these general terms and conditions of sale, but holders of rights to the domain name of the Site, logos and trademarks, regarding the products presented on the Site, as well as the copyright on the content of the Site.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the email address firstname.lastname@example.org
1.5. Each purchase is governed by these general conditions of sale in the version that will appear on the Site at the time of delivery of the order by the Consumer.
1.6. The Site is dedicated to the retail sale to the final consumer and, after specific and individual request of the Owner, also to dealers and distributors.
1.7. At the same time the purchase order is submitted, the Consumer agrees that the confirmation of order information and these general sales conditions will be sent to him by e-mail at the address stated by him during the registration on the Site or during the purchasing process.
1.8. In order to make purchases through the Site, the Consumer must be at least 18 years old and have the capacity to act.
1.9. The Consumer is exclusively liable for any costs for the Internet connection to the Site, including telephone charges, according to the rates applied by the provider selected by the Consumer.
2. Product Characteristics and Availability in Different Geographic Areas
2.1. The Products are sold with the features described on the Site and according to the general terms of sale published on the Site at the time of dispatch of the order by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general sales conditions at any time, at its sole discretion, without any prior notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. The Prices and Products sold on the Site and the features of the Site are subject to change without notice. Before sending the purchase order under point 3, the Consumer is encouraged to check the final price of the sale.
2.5 The Site may access users worldwide and the Site may contain references to Products that are unavailable or are not available for purchase in the visitor's country of the Site.
2.6 Products available on the Site are only available to users who, in the section of the Site specifically dedicated, request delivery to one of the States indicated on the Site.
3. Methods of purchasing Products – Finalization of each and every purchase contract
3.1. The presentation of Products on the Site, which is not binding on the Seller, is a mere invitation addressed to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site is of value to the contractual proposal and is governed by these general terms and conditions of sale, which form an integral part of the order and that the Consignee, by sending the order to the Seller , is required to accept in full and without any reservation. By proceeding with the purchase of the Products, by sending a purchase order, the Consumer will be required to read carefully these general terms of sale and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in the entry of their data.
3.3. The purchase order of the Consumer is accepted by the Seller by sending to the Consumer, using the e-mail address that he or she has declared to the Seller at the time of registration to the Site or the transmission of the order if the Consumer is not registered with the Site , a confirmation e-mail of the order itself, which will provide the link to the text of these general sales conditions, the summary of the order made and the description of the ordered Product's characteristics. The order of the Consumer, the confirmation of the order by the Seller, and the general terms of sale applicable to the relationship between the Parties will be filed electronically by the Seller in their IT systems, and the Consumer may request a copy by sending an e-mail to the Sellers’ address at email@example.com
3.4. Each purchase agreement of Products shall be deemed terminated when the Consumer receives the order confirmation from the Seller by e-mail.
4. Selection and purchase of Products
4.1. Products presented on the Site may only be purchased through the purchase procedure on the Site and are not deemed valid, nor are accepted attempts to purchase and/or make a reservation by e-mail, fax or other means other than the said purchase procedure. This procedure involves the selection of Products of interest to the Consumer, with their inclusion in the virtual shopping cart. Once the Products are selected, to purchase the Products in the shopping cart, the Consumer will be invited to register to the Site by providing the required data or logging in if the Consumer is already registered, or otherwiseby providing the necessary personal data to complete the order and allow for the completion of the contract. In order to enable the purchase, the Consumer will be required to confirm their details (including, but not limited to, their name, surname, etc.) as well as the address where the selected Products will be delivered, the billing address and a telephone number where they can be contacted for any communications regarding the purchase made, if they are different from the data provided at the time of registration. The Consumer will see a summary of the order to be executed, which will be able to modify the contents; therefore, the Consumer, upon careful reading, will have to expressly approve these general sales conditions through the relevant check box on the Site and finally by pressing the "Input Order" button, Consumer will be required to confirm his order, which will then be permanently sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. Consumers will also be asked to choose the shipping mode and payment method, among those available. If Consumer decides on the immediate payment method (with the purchase) by credit card, PayPal or instant bank transfer, he will be required to communicate the relevant data via secure connection. For accountancy and administrative purposes, the Seller reserves the right to verify the information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted by the Seller to the Consumer.
4.2. If, during the procedure of selecting Products on the Site referred to in Section 4.1 above, the Consumer acknowledges that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than the one normally applied, net of any discounts and/or promotions at this time, due to an obvious technical problem occurring on the Site, please do not complete your purchase order and report this technical error to the Customer Service division of the Seller, by sending an e-mail to the email address: firstname.lastname@example.org
4.3. In cases where the consumer has completed his purchase order and in the latter including a Product whose price is clearly lower than the one normally applied, net of any discounts and/or promotions at that time, due to of an obvious technical problem that occurred on the Site:
(a) if the same consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will not be effected by sending at the same time a notice in that regard via e-mail, address (ii) reimburse to the consumer payments made from the same in respect of the canceled order, including delivery costs, without undue delay and in any case not later than 14 days by canceling the order, using the same means of payment used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer of the Error in the Completion Process of the Order by e-mail, offering the same, alternatively, (i) to pay to the Seller, within the next 5 (five) days by means of one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order; or (ii) cancel ordering the order, following the instructions contained in the same notice and returning the Product to the Seller, at the expense of the latter, not later than 14 (fourteen) days, by sending it to LUNAR Via Gianfranco Miglio, 2 - 21045 - Gazzada Schianno (VA ), without any damage, complete with all its accessories and accessories (including labels and tags unaltered and attached to the product), accompanied by the instructions / notes / manuals attached, from the packaging original packaging and warranty certificate, accompanied by a properly completed return form, which will be enclosed with the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller shall refund to the Consumer payments made from the same in respect of the canceled order, including delivery costs, without undue payment delay, and in any case not later than 14 days after the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1. Generally, the Site indicates the availability of the Products and their delivery times, however, such information is to be considered as purely indicative and non-binding for the Seller.
5.2 The Seller undertakes to do as much as it can in order to comply with the delivery times indicated on the Site and, in each case, to effect delivery within a maximum of 30 (thirty) days from the day following that into which the Consumer has sent the order. In the event that the Seller fails to execute the order, due to the unavailability of the Product, the Seller will also provide written notice to the Consumer and will reimburse any sums already paid by the Consumer for payment of the Product under the following par. 5.3.
5.3. In the event of Seller failing to execute the order, due to the unavailability of the Product, Seller will also provide written notice to the Consumer and will repay any sums already paid by the Consumer for payment of the Product.
5.4. The shipment of Products ordered by the Consumer will be in the mode selected by the Consumer, among those available and indicated on the Site at the time of dispatch of the order. The Consumer undertakes to check without delay, and in any case not later than 3 (three) days after receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform Seller within this period of any defect of the products received or of their disparity with respect to the order made, in accordance with the procedure referred to in art. 9 of these general conditions of sale. If the packaging or envelope of the products ordered by the Consumer were to reach the destination obviously damaged, the Consumer is encouraged to refuse delivery by the carrier/shipper or to accept the delivery "with reservation".
5.5. After the term referred to in para. 5.4. without the Consumer having filed any objections to the carrier/shipper, the Products delivered will be considered definitively accepted by the Consumer.
6. Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the time that the Consumer sends the order. The prices of the Products indicated on the Site include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping charges that are counted prior to confirmation of the order transmitted by the Seller to the Consumer and that the same Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. Depending on the country in which the Products are to be delivered, the Site will, during the order-creation process, display the Shipping Costs that the Consumer agrees to pay in addition to the price of the Products ordered.
6.3. The Consumer will have to pay the Seller the total price, as reported in the order confirmed upon confirmation of the order sent by e-mail from the Seller to the Consumer.
6.4. If the Products are to be delivered to a country other than the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (where applicable) is net of any customs duties and any other charges sales tax that the Consumer undertakes to pay, if necessary, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the law of the country where the products will be delivered . The Consumer is advised to contact the competent authorities of their country of residence or destination of the products in order to obtain information on any duties or taxes applied in their country of residence or destination.
6.5. Any additional cost, burden, tax and/or imposed amount that a given country should apply to any Products ordered under these general sales conditions are exclusively borne by the Consumer.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or imposed amounts referred to in previous paragraphs. 6.4. and 6.5, when submitting an order to the Seller, shall not be the cause of termination of this contract and shall in no way be liable to the Seller for such charges.
7.1. The payment of the price of Products purchased through the Site must be made within the essential time of 14 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that Seller's execution of the contract will commence upon the crediting of the price of the Product(s) purchased on the Seller's bank account.
7.2. Payment can be made by credit card, bank transfer or PayPal under the following conditions. The Seller may allow additional payment methods, indicating them in the Payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site.
7.4. If the payment is made by bank transfer to the seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation.
7.5. The Seller will send the Consumer, electronically via e-mail to the address stated by the Consumer, the tax receipt for the purchase made if the Products purchased are intended to be delivered to Italy or attached in paper form to the Products purchased, in all other cases.
8. Seller's legal guarantee of conformity, reporting of lack of conformity, and warranty
8.1. According to and for the purposes of the European Directive 44/99 / EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products will be free of defects in design and material and will conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer . It is not possible to apply any warranty in case of use or washing of the Product that is not in conformity with the Product's own and the instructions / warnings provided by the Seller and/or the Owner (example: use in competition), or are included in the reference documentation or in the labeling.
8.2. The Consumer will have the burden of examining the Products as soon as possible and, by virtue of the termination of this warranty, to report any defects and non-conformities within and not more than 2 (two) months from the discovery, by sending it to the Customer Service division of the Seller, by e-mail, with indication of the defect and/or non-conformance found, as well as the relative documentation indicated on the same return form (at least 1 (one) photograph of the Product, confirmation of order sent by the Seller and the fiscal receipt).
8.3. Upon receipt of the relevant documentation, Seller will evaluate the defects and non-conformities complained of by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-compliance of the Product, will, at its own discretion discretion, decide whether to authorize the return of the Products by providing the Consumer with an e-mail reply to the address provided by the Consumer during the process of registering the Site. Authorization to return the Products shall in no way constitute a defect or non-recognition conformance, the existence of which must be established after the return. Products for which the Seller has authorized the refund must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days of the complaint of default or non-compliance to the following address: LUNAR Via Gianfranco Miglio, 2 - 21045 - Gazzada Schianno (VA ).
8.4. If Seller is required to repay the price paid to the Consumer, the refund will be made by bank transfer or, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product. It will be the Consumer's burden to communicate to the Seller, always by email to email@example.com the bank details to make the transfer in his favor and to ensure that the Seller is placed in the condition to be able to return the sum due.
9. Responsibility for damage from defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374 / EEC and Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, as a product distributor through the Site, is free from any liability, no exclusion and / or exclusion, indicating the name of the respective product manufacturer.
10. Right of withdrawal - Information
10.1 The Consumer shall be entitled to withdraw from any contract concluded pursuant to these general sales conditions, without any penalty, within 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of the purchase of several products delivered separately with one order, the last product was delivered.
10.2 In order to exercise the right of withdrawal, the Consumer shall inform LUNAR, prior to the expiry of the time limit referred to in point 10.1, of its decision by accessing the "My Returns" page from My Account or, if not registered, accessing to the dedicated page "RETURNS AND REFUNDS" and entering the order number and e-mail with which it was purchased. Alternatively, the Consumer may send an explicit statement to LUNAR via the contact form or email firstname.lastname@example.org of their decision to withdraw using the form of the recall form attached.
10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive a confirmation e-mail confirming the withdrawal, including the return form to be included in the parcel, and instructions for returning the product, to be transmitted no later than the next 14 days to:
Via Gianfranco Miglio, 2
21045 - Gazzada Schianno (VA)
10.4 If the Consumer has received the Product, he/she shall return it to LUNAR without undue delay and, in any case, within 14 days of the date on which the withdrawal was notified. The term is respected if you return the goods before the expiration of the 14-day period. The risks and direct costs of returning the goods will be borne by the Consumer. If you withdraw through the site, before the confirmation of your withdrawal request, you will be charged the cost of returning the goods if you want to use the return service offered by the site.
10.5 If you withdraw, you will be reimbursed the payments you made, including delivery costs, except for the additional costs arising from the choice of a delivery type other than the less expensive standard delivery standard offered, without undue delay and, in any case, not later than 14 days after the withdrawal. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the consumer requests reimbursement on a different means of payment, in which case the Consumer will incur any additional costs arising from the different means of payment. Refunds may be suspended until receipt of the goods or until the consumer has demonstrated that he has returned the goods, if any.
10.6 The Consumer is responsible for the diminution of the value of the goods resulting from a manipulation other than the one necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , which are not accompanied by the enclosed instructions/notes/manuals, original packaging and packaging, and the Warranty Certificate, if applicable, the Consumer will respond to the asset's decrease in the value of the asset and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, the Consumer is encouraged not to manipulate the good beyond what is strictly necessary to establish the nature, characteristics and operation of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and it also protects it during transport by writing or labeling.
11. Intellectual property rights
11.1. The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, naming, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of the Owner FSA Srl and/or of its attorneys, without the right of access to the Site and/or the purchase of the Products to the Consumer.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
12. Consumer information and protection of privacy
12.1. In order to be able to proceed with the registration, some information about the Consumer is required through the Site to forward the order and therefore to the conclusion of this contract. The Consumer acknowledges that the personal data provided will be processed by the Seller as the holder of the processing, in accordance with and in compliance with the Italian law Legislative Decree no. 196/2003 and s.m.i. - Privacy Code, to execute each purchase made through the Site and, with its consent, any additional activities as indicated in the relevant privacy notice provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and warrants that the data provided to the Seller during the registration and purchase process are correct and true.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the relevant section of the "My Account" site accessible after authentication.
13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation, and misuse by third parties due to technical features and limitations on the protection of electronic communications over the Internet, the Seller can not guarantee that the information or data displayed by the consumer on the Site, even after Consumer has authenticated (login), is not accessible or visibly displayed by unauthorized third parties.
14. Force majeure
14.1. The Seller shall not be liable in the event of a total or partial failure to fulfill its obligations under any contract concluded under these general sales conditions if such default is caused by unforeseeable events and/or natural events outside its reasonable including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular upheavals, lack of electricity, public and/or private workers' strike, strike and/or restrictions on the viability of couriers and airliners.
15. Applicable law and place of jurisdiction
15.1. Any sales contract concluded between the Seller and the Consumers under these general conditions of sale shall be governed and interpreted in accordance with Italian law. In any case, the rights that may be attributed to Consumers will be waived by legally binding provisions in the law of their State.
15.2. Any dispute between Seller and Consumer shall be the sole responsibility of the Court of Varese except where such a provision is not applicable due to legally binding rules in force in the country of residence of the Consumer.
The Parties may not surrender or otherwise transfer to third parties any of their rights and obligations arising out of these general terms of sale, without the prior written consent of the other party.
17. Validity of clauses
17.1. The headings of the terms used herein are to be considered as purely indicative and have no effect on the discovery of the content and interpretation of this contract.
17.2. These general terms of sale do not affect the rights granted by Italian law to the Consumer.
17.3. In the event that a clause or part of a clause of these general conditions is to be deemed invalid because it is contrary to a law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.
18. Conclusive provisions
The Consumer declares that he or she has not been led to comply with this contract by previous oral statements.