TERMS & CONDITIONS OF SALE B2C
(T&C - Consumer)
Last update: June 14, 2023.
1.1. The site linked to the domain name "www.fullspeedahead.com" (hereinafter, the "Site"), owned by F.S.A. S.R.L. (VAT n. 03554300966), with registered office in 20123 – Milan (MI), Via Francesco Petrarca, no. 4, Italy (hereinafter, the “Company”), is dedicated to the presentation of the Company and the sale of high-quality components for road and mountain bikes (hereinafter, the “Product(s)”).
1.2. These terms and conditions of sale (hereinafter, “T&C - Consumer”) regulate the purchase of the Products which will be made through the Site’s e-commerce (hereinafter, the "Ecommerce") by qualified users as "consumers” under the following Article 1.4.
1.3. Any sale purchase by the Ecommerce is made by LUNAR SPORT S.R.L. (VAT n. 03030530129), with registered office in 21045 – Gazzada Schianno (VA), Via Miglio, n. 2, Italy (hereinafter the "Seller"), which handles the sale of the Products through the Ecommerce on behalf of the Company.
1.4. Purchases of Products through the Ecommerce will be considered as part of the Seller and the person over the age of 18 who expressly declare himself/herself to be consumers as defined by article 3, paragraph 1, letter a, of the Italian Legislative Decree 206/2005 and who intend to make the purchase for purposes not related to their commercial, handicraft, entrepreneurial or professional activity (hereinafter, the “Consumer”).
1.5. The Company is not part of these T&C - Consumer, 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.
1.6. 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.
1.7. Besides this T&C - Consumer, Site specific Terms & Conditions of Use of the Site (hereinafter, “T&C - Use”) are published on this Site, which regulate the terms and conditions under which the Company grants the users of the Site the right to browse the Site and us ethe services it offers.
1.8. Moreover, in this Site are published specific Terms & Conditions of sale for business-to-business (hereinafter, “T&C - Business") are published on this SIte, which are dedicated to the Company’s Product purchased by any means (telephone, FAX, internet, verbally, etc.) by professional consumers.
2. SITE REGISTRATION
2.2. Registration on the Site is free of charge. In order to register, the Consumer must complete the registration form, enter his first name, last name, email address, password and click on “SIGN UP” at the bottom of the form. Registration will be confirmed to the Consumer by email.
2.3. The registration details may only be used by the Consumer and may not be passed on third parties. The Consumer undertakes to keep them secret and to ensure that no one has access to them. He/she shall inform the Seller immediately of any suspicion of misuse and/or disclosure.
2.4. The Consumer guarantees that the personal information provided during the registration process on the Site is complete and true. The Consumer undertakes to indemnify the Seller against any obligation, to pay damages and/or penalties resulting from the Consumer’s breach of the rules governing the registration to the Website.
3. PRODUCT CHARACTERISTICS AND AVAILABILITY IN DIFFERENT GEOGRAPHIC AREAS
3.1. The Products are sold with the features described on the Ecommerce and in accordance with the T&C - Consumer published on the Site at the time of dispatch of the order by the Consumer, to the exclusion of any other condition or term.
3.2. The prices and Products sold on the Ecommerce and the features of the Ecommerce are subject to change without notice. Before sending the purchase order referred to in article 4 of these T&C - Consumer, the Consumer is encouraged to check the final price of the Product.
3.3. The Ecommerce may be accessed by users worldwide and the Site may contain references to Products that are not available for purchase in the user’s country of the Site.
3.4. Products available on the Ecommerce are only available to users who, in the section of the Site specifically dedicated, request delivery to one of the countries indicated on the Site.
4. METHODS OF PURCHASING PRODUCTS – FINALIZATION OF EACH AND EVRY PURCHASE CONTRACT
4.1. The presentation of Products on the Ecommerce, 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.
4.2. The purchase order sent by the Consumer to the Seller through the Ecommerce is of value to the contractual proposal and is governed by these T&C – Consumer in the version that will appear on the Site at the time of delivery of the order by the Consumer, which form an integral part of the order and that the Consumer, 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 T&C - Consumer, 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.
4.3. 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 T&C - Consumer, 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 T&C - Consumer 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”.
4.4. Each purchase agreement of Products shall be deemed terminated when the Consumer receives the order confirmation from the Seller by e-mail.
5. SELECTION AND PURCHASE OF PRODUCTS
5.1. Products presented on the Ecommerce 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.
5.2. This procedure involves the selection of Products of interest to the Consumer from the Ecommerce, choosing the size and/or colour and then clicking on “ADD TO CART”. To purchase the Products, the Consumer must click on the “CART” button, which will display a summary of the order, including price and shipping costs. In the event of acceptance, the Consumer may proceed by selecting the “PROCEED TO CHECKOUT” button. Before confirming the order, the Consumer will be asked to register on the Site by providing the required data or logging in if the Consumer is already registered, or otherwise by 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 his/her details (including, but not limited to, their name, surname, etc.), as well as the address to which the selected Products will be delivered, the billing address and a telephone number where he/she can be contacted for any communication 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 carried out, the contents of which can be modified; therefore, after careful reading, the Consumer will have to expressly accept these T&C – Consumer by clicking the relevant check box on the Site and, finally, by pressing the "INPUT ORDER" button, Consumer will have to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous article 4.2 of these T&C – Consumer. The Consumers will also be asked to select the delivery and payment methods, among those available. If the Consumer choose to pay immediately (at the time of purchase) by credit card, PayPal or bank transfer, he will be asked to provide the relevant details via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Consumer. In the case of payment by credit card, the amount of the purchase will only be charged when the order confirmation is sent by the Seller to the Consumer.
5.3. If, during the procedure of selecting Products on the Site referred to in article 5.2 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 Ecommerce, 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”.
6. REFUSE OF THE ORDER BY THE SELLER
6.1. The Seller reserves the right to refuse any order for any reason. The Seller also reserves the right to cancel any purchase (an order already accepted by the Ecommerce) in the presence of, among others, the following conditions, without being held liable for any damages and/or costs:
6.1.1. the Product is not unavailable/out of stock (any payments will be refunded). If only part of the Products indicated in the order are available, the Seller will contact the Consumer to ask him if he/she whishes to cancel the order or to receive only what is available, in which case the Consumer will only be charged for the Products he/she receives or will be refunded if payment has already been made;
6.1.2. the billing information provided by the Consumer are incorrect or unverifiable;
6.1.3. the Consumer does not provide sufficient guarantees of solvency;
6.1.4. at the time of the order, there are disputes of any kind pending between the Seller and the Consumer;
6.1.5. the order is reported by the security systems as an "unusual order" or an "order susceptible to fraud". In the event of suspicion of fraud, the Seller reserves the right to check the Consumer's bank details and/or identity before cancelling the order. By confirming the order, the Consumer undertakes to provide the Seller with the information and documents necessary for such verifications. In the absence of such documents and information, the Seller reserves the right to cancel the order, subject to anti-fraud verification;
6.1.6. payment by bank transfer is not received within 5 consecutive days after acceptance of the Consumer’s order;
6.1.7. the Seller has reason to believe that the order was placed by a child under the age of eighteen (18);
6.1.8. the Seller has reasonable grounds to believe that the order was placed by a reseller or other professional buyer and therefore in violation of the provisions of article 1.4 of these T&C;
6.1.9. the Product was incorrectly priced;
6.1.10. the Seller is unable to deliver the Products to the address provided by the Consumer.
6.2. 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:
6.2.1. 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;
6.2.2. 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 article 6.2.2 (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.
6.3. It is not possible to change an order once it has been issued. The Seller reserves the right to consider whether to accept any order cancellation request prior the delivery of the Products to the Consumer.
7. DELIVERY OF PRODUCTS AND ACCEPTANCE
7.1. The Ecommerce indicates the availability of the Products and their delivery times, however such information is purely indicative and non-binding for the Seller.
7.2. The Seller undertakes to do as much as it can in order to comply with the delivery times indicated in the Ecommerce and, in any case, to make delivery within a maximum of 30 (thirty) days from the day following in which the Consumer has issued the order.
7.3. The Seller reserves the right to postpone shipment if the order cannot be shipped in a single delivery. Orders issued separately will be shipped separately.
7.4. 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.
7.5. The Products ordered by the Consumer will be deliver by the method chosen by the Consumer from those available and indicated on the Site at the time the order is sent.
7.6. Delivery shall be deemed to be completed when the Product(s) is placed at the disposal of the Consumer at the delivery address indicated in the order form.
7.7. 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.
7.8. 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 contains all and only the Product(s) purchased, and to inform the Seller within this period of any defect of the products received or their discrepancy with the order made, in accordance to the procedure referred to in article 10. 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".
7.9. After the term referred to in article 7.8 without the Consumer having filed any objections to the carrier/shipper, the Products delivered will be considered definitively accepted by the Consumer.
8. PRICES, SHIPPING COSTS, TAXES AND FEES
8.1. The price of the Products is that indicated on the Ecommerce at the time the order is sent by the Consumer.
8.2. The prices of the Products indicated in the Ecommerce include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping charges, which are calculated prior to the confirmation of the order sent by the Seller to the Consumer and which the same Consumer agrees to pay to the Seller in addition to the price indicated on the Ecommerce.
8.3. Depending on the country in which the Products are to be delivered, the Ecommerce will indicate, during the order-creation process, the shipping costs that the Consumer agrees to pay in addition to the price of the Products ordered.
8.4. The Consumer must pay the total price the Seller, as reported in the order confirmation, which is sent to the Consumer by email by the Seller.
8.5. If the Products are to be delivered to a country other than the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (where applicable), is exclusive 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 are to be delivered. The Consumer is advised to contact the competent authorities of the country of residence or destination of the Products in order to obtain information on any applicable fees or taxes.
8.6. Any additional cost, burden, tax and/or imposed amount that a given country may apply to Products ordered under these general sales conditions shall be borne exclusively by the Consumer.
8.7. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or imposed amounts referred to in previous articles 8.5 and 8.6, 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.
9.1. The payment of the price of the Products purchased through the Ecommerce must be made within the essential period 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 con shall begin when the price of the Product(s) credited on the Seller's bank account.
9.2. Payment may be made using only the following means of payment and any other indicated in the Ecommerce:
9.2.1. Credit card, debit or prepaid card. With Visa, Visa Electron, Mastercard, American Express and JCB cards the Consume can buy online and pay comfortably from home. Once the Consumer confirm his/her purchase and have entered his/her billing and shipping information, he/she will be directed to a secure site to enter credit card details in maximum security. Once the payment has been completed, the Consumer will be transferred to the confirmation page of his/her order.
9.2.2. PayPal. With PayPal the Consumer can safely pay for his/her purchases at no extra cost and without sharing data. The PayPal account works as a virtual portfolio to link credit cards, debts, prepaid cards and bank accounts. Once connected to the PayPal account, bank accounts and cards can be used for purchases without the need to enter different numbers and coordinates each time. Automatic encryption systems help maintain high security standards and every transaction is monitored 24 hours a day by PayPal to prevent fraud, phishing emails, identity thefts, and other unpleasant situations. To find out more about PayPal, visit the official website: www.paypal.com.
9.2.3. Bank transfer. Once the Consumer have confirmed his/her purchase and have entered the billing and shipping information, the Consumer will receive a confirmation email in which he/she will see the bank details to make the transfer. Any transfer or bank charges will be charged to the Consumer. The order will be shipped only after receipt of the Consumer payment into the bank account of the Seller, which may take up to 5 business days.
9.2.4. Cash On Delivery (COD) – ONLY FOR ITALY. By choosing COD, the Consumer can pay the courier directly for your purchase, at the time of delivery. The package containing your order will be delivered only after the balance of the total amount is paid to the courier. Choosing COD as a payment type entails an additional charge of € 5.00. We remind the Consumer that the balance to the courier may only be made in cash (no checks will be accepted) and is only available for shipments in Italy.
9.3. The Seller will send the Consumer, by e-mail to the address indicated by the Consumer, the tax receipt for the purchase made, if the Products purchased are to be delivered in Italy, or in paper form attached to the Products purchased, in all other cases.
10. SELLER'S LEGAL GUARANTEE OF CONFORMITY – REPORTING OF LACK OF CONFORMITY – WARRANTY
10.1. According to and for the purposes of the European Directive 44/99 / EC and Italian Legislative Decree no. 206/2005, 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.
10.2. The Consumer will have the burden of examining the Products as soon as possible and 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).
10.3. 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, 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 SPORT S.R.L., 21045 – Gazzada Schianno (VA), Via Gianfranco Miglio, no. 2.
10.4. 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.
11. RESPONSIBILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS
11.1. Regarding any damage caused by defects in the Products, the provisions of European Directive 85/374 / EEC and Italian Legislative Decree no. 206/2005. 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.
12. RIGHT OF WITHDRAWAL – INFORMATION
12.1. 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.
12.2. In order to exercise the right of withdrawal, the Consumer must inform the Seller of his decision before the expiry of the period referred to in article 12.1Errore. L'origine riferimento non è stata trovata. of these T&C - Consumer by accessing the "MY RETURNS" page of the "MY ACCOUNT" section or, if not registered, by accessing the specific "RETURNS AND REFUNDS" page, indicating the order number and the e-mail address used to make the purchase. Alternatively, the Consumer may send an explicit statement to the Seller via the contact form or e-mail “firstname.lastname@example.org” of their decision to withdraw using the form of the recall form attached.
12.3. Following the provisions of article 12.2 above, the Consumer will receive an e-mail confirming the withdrawal, including the return form to be included in the package and instructions for returning the Product(s), to be sent no later than the next 14 (fourteen) days to:
12.4. Company name: LUNAR SPORT S.R.L.
12.5. Registered office address: 21045 – Gazzada Schianno (VA), Via Miglio, n. 2, Italy
12.6. If the Consumer has received the Product, he/she shall return it to the Seller without undue delay and, in any case, within 14 (fourteen) 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 (fourteen) day period. The risks and direct costs of returning the goods will be borne by the Consumer. If the Consumer 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.
12.7. If the Consumer withdraw, he/she will be reimbursed the payments 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 (fourteen) 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 Products or until the Consumer has demonstrated that he has returned the goods, if any.
12.8. 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 Products. Therefore, if the returned Products 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.
13. LIMITATION OF RESPONABILITY
13.1. The Seller shall not be liable for any interruption in the service due to force majeure that prevents the execution of the order within the time specified in the Sales Contract (including, but not limited to, natural disasters or events, acts of terrorism, pandemics, strikes, network malfunctions and/or blackouts, wars, popular uprisings and/or restrictions on the viability of couriers and airlines).
13.2. The Seller shall not be liable to the Consumer, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.
13.3. Furthermore, the Seller shall not be liable for any damage, loss and cost incurred by the Consumer as a result of the non-performance of the contract of sale for reasons not attributable to the Seller.
13.4. Under no circumstances shall the Consumer be held liable for delays or errors in payment if he/she can prove that he/she has made the payment within the time and in the manner specified by the Seller. However, the Seller shall not be liable for delays in the receipt of payments due to payment systems operated by third parties and shall therefore be entitled to delay the order confirmation until actual confirmation of the receipt of payment.
14. OBBLIGATIONS OF THE CONSUMER
14.1. The Consumer undertakes to pay the price of the purchased Product(s) in the time and manner specified in the contracts concluded pursuant to these T&C - Consumer.
14.2. The Consumer undertakes to print out and keep these T&C - Consumer once the online purchase procedure has been completed.
14.3. The Consumer undertakes to inform the Seller immediately of any change of address. Failure by the Consumer to inform the Seller of any such change of address shall remain entirely at the expense and risk of the Consumer. Until such time as a change of address is notified, the Consumer shall be deemed to be residing at the address provided by the Consumer when issuing the order and the Consumer shall remain responsible for the Product(s) ordered.
14.4. Furthermore, the information contained in these T&C - Consumer has already been read and accepted by the Consumer, as this step is made mandatory prior to confirmation of the order.
15. ESSENTIAL TERMS AND EXPRESS TERMINATION CLAUSE
15.1. The Parties agree that the terms of payment of the price of the Product purchased by the Consumer pursuant to article 9 of these T&C - Consumer are essential terms under Article 1457 of the Italian Civil Code.
15.2. Breaches of the following obligations shall be considered serious by the Parties:
15.2.1. breach by the Consumer of the Consumer's obligations set forth in article 14 of these T&C - Consumer;
15.2.2. breach by the Consumer of the payment terms set forth in article 9.2 of these T&C - Consumer;
15.2.3. breach by the Seller of the warranties of the obligations set forth in article 12 of these T&C - Consumer.
15.3. In the event of one or more of the serious breaches referred to in article 15.2 above, the Party concerned shall be entitled to terminate the Sales Contract in accordance with article 1456 of the Italian Civil Code. The termination shall take effect by law 15 (fifteen) days after receipt of the registered letter with acknowledgement of receipt detailing the breach and in the event that the breaching Party fails to fulfil its obligation within the same period.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. The Consumer acknowledges that the name and trademark "FSA" and “FULL SPEAD AHEAD” (and any graphic variant thereof), as well as any other distinctive sign used as proprietary on the Website, as well as the software underlying the Website, the design of the pages and their elements, and the texts are subject to the exclusive rights of the Company or related companies ("Intellectual Property").
16.2. The Consumer acknowledges the validity of the Intellectual Property and undertakes not to contest it and acknowledges that he/she has no right to all or part of the Intellectual Property.
16.3. The Consumer is prohibited from using the trademarks referred to in article 16.1 of these T&C – Consumer in the user’s or third party business name, company name or trademark(s), even in combination with other names, terms and/or words. The user is also prohibited from registering or attempting to register all or part of the Intellectual Property.
16.4. For more information on the Intellectual Property of the Company, please refer to the T&C - Use [in hypertext link that refers to it].
17.1. In order to proceed with the registration, some information about the Consumer is required by the Site in order to proceed with the order and, therefore, the conclusion of the Sales Contract. The Consumer acknowledges that the personal data provided will be processed by the Seller, as data processor, in accordance with and in compliance with the European Regulation No. 2016/679 (hereinafter, the “GDPR”), in order to carry out each purchase made through the Ecommerce and, with his consent, any additional activities as indicated in the relevant privacy notice provided to the Consumer through the Site at the time of registration.
17.2. The Consumer declares and warrants that the data provided to the Seller during the registration and purchase process are correct and true.
17.3. 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" page accessible after authentication.
18.1. 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 cannot 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.
19. STORAGE OF SALES CONTRACTS
19.1. Pursuant to Article 12 of Legislative Decree No. 70/2003, the Seller informs the Consumer that any order and order confirmation sent is stored in digital and/or paper form on the server and/or at the Seller's premises and hosting service, in accordance with criteria of confidentiality and security.
19.2. Consumers may request access to and consultation of their Sales Contract by writing to “email@example.com”.
20. COMMUNICATION AND COMPLAINTS
20.1. 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, exercise of 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”.
21. APPLICABLE LAW AND PLACE OF JURISDICTION
21.1. Any Sales Contract concluded between the Seller and the Consumer under these T&C shall be governed by and interpreted in accordance with Italian law. In any case, the rights that may be attributed to Consumers are waived by the binding provisions of the law of his/her State.
21.2. Any dispute between the Seller and the Consumer shall be subject to the exclusive jurisdiction of the Court of Varese, unless such a provision is inapplicable due to legally binding rules in force in the Consumer's country of residence.
22.1. The Parties may not surrender or otherwise transfer to third parties any of their rights and obligations arising out of these T&C - Consumer, without the prior written consent of the other party.
23. FINAL CLAUSES
23.1. These T&C - Consumer replace any previous agreements, understandings, negotiations, whether written or oral, between the Parties.
23.2. If one or more provisions of these T&C - Consumer are deemed invalid or declared invalid by law, the other provisions shall remain in full force and effect.
23.3. The Seller reserves the right to suspend or terminate sales through the Ecommerce. The Seller shall in no way be liable to the User or any third party for such suspension or termination.
23.4. The Consumer declares that he or she has not been led to comply with this contract by previous oral statements.
23.5. 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. The user is requested to take note of the published version and the date of the update.