The sale of Felo Moto Italy Srl vehicles by New Works Webtech srl (the "Vendor") according to the procedures set forth on the site shop.felomoto.eu is governed solely by the following conditions (the "Conditions"), valid at the time the contract is concluded. The General Conditions are available on the site shop.felomoto.eu from which they can be downloaded, saved and printed at any time. The following Conditions apply to sales of Felo Moto Italy Srl vehicles made in the European Union, through the methods provided on the shop.felomoto.eu website, to the final customer (the "Purchaser"). These Terms and Conditions do not affect the validity and effectiveness of the current legal provisions for the protection of consumers (Consumer Code - (Legislative Decree 206/2005 and its amendments), including the provisions of Title III, Chapter I, regarding distance contracts concluded with the consumer), where applicable. Consumer shall mean the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.1 - The presentation of the product on the site shop.felomoto.eu is for information purposes only and does not represent a binding offer by the Seller. The images and descriptions on the site shop.felomoto.eu reproduce the characteristics of the vehicles as faithfully as possible. The colours of the vehicles, however, may differ from the real ones due to the settings of the computer systems or computers used by the Purchaser to display them. The images of the vehicles on the site shop.felomoto.eu may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and within the tolerances of use. For the purposes of the contract for the purchase and sale of the vehicle, the description of the vehicle itself contained in the contractual documentation transmitted by the Purchaser shall be authentic.
1.2 - The Buyer can calculate the offer quote by carrying out the preliminary configuration of the vehicle himself on the site shop.felomoto.eu.
1.3 - Once the configuration of the vehicle has been carried out, the Buyer will propose the purchase of the chosen vehicle to the Seller by following the procedures indicated on the site shop.felomoto.eu and simultaneously providing his credit card details. Subsequently, the Seller shall immediately proceed to make the amount of €150.00 (one hundred and fifty/00) unavailable on the Purchaser's credit card, as indicated by the Purchaser. If the vehicle purchase contract is not concluded, in accordance with the procedures and timeframes set out in Article 2 below, the same amounts shall be returned to the Purchaser, in accordance with the provisions of Article 2.1 below. The Seller shall then send the purchase order ("Order") to the Purchaser. These contractual documents do not constitute a binding offer by the Seller nor do they constitute acceptance by the Seller of an offer made by the other party.
2.1 - By sending the duly signed Order to the Vendor, according to the methods provided on the website shop.felomoto.eu and in any case within and no later than 7 (seven) working days from receipt of the same by the Purchaser in the case of the purchase of a Vehicle, the Purchaser submits to the Vendor a binding order to purchase the configured vehicle. At the same time as sending the Order, the Buyer shall make payment of the deposit in the manner indicated in Article 3 below. Should the Buyer fail to return the duly signed Order to the Seller within and no later than the terms respectively indicated above, the Buyer's initial proposal shall be deemed ineffective and, therefore, the Seller will ensure that the amount made unavailable on the Buyer's credit card pursuant to art. 1.3 above, will be made available again within the technical time required by the circuit of the relevant credit card.
2.2 - Once the configuration carried out according to the methods described in the previous art. 1.2 has been confirmed, the Buyer will receive an automatic confirmation by email from the Seller that the Order has been received. This confirmation, as well as subsequent communications to update the status of the Order, sent by email to the address used to send the Order, do not constitute acceptance of the Order by the Seller.
2.3 - The purchase contract is considered concluded if, within three weeks from receipt of the Order duly signed by the Buyer, the Seller - having verified the correctness of the data provided by the Buyer in the Order and payment of the deposit - confirms in writing acceptance of the Order, or the vehicle is delivered. Acceptance is communicated to the Buyer by email. The Seller shall notify the Buyer of any non-acceptance of the Order within the aforementioned period.
2.4 - Acceptance of the Order by the Seller is subject to payment by the Buyer of the deposit referred to in Article 3 below.
2.5 - The Buyer undertakes not to assign any right deriving from this purchase contract, nor to sell or transfer the ownership of the vehicle in the four months following delivery of the vehicle. This time limitation on resale does not apply if the Buyer is a consumer. If the vehicle is sold in breach of the foregoing provisions and for commercial purposes or to a professional reseller, the Buyer shall be required to pay the Seller a penalty in the amount of 15% of the net purchase price.
2.6 - In accordance with Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, the Seller informs the Buyer that: the contract of sale is concluded when the Buyer receives the confirmation from the Seller in accordance with Article 2.3;
2.7 - Each Purchaser is permitted to register at shop.felomoto.eu. The same Buyer is prohibited from making multiple registrations using the same e-mail address. Should the Vendor find that the same Buyer has made multiple registrations on the site shop.felomoto.eu using the same e-mail address, the Vendor reserves the right to proceed, immediately and without prior notice, to block the relative account.
2.8 - The sale and purchase contract will be filed in the Seller's database for the time necessary for its execution and, in any case, within the terms of the law. The Buyer may access the contract itself and/or the data relating to it through his personal account.
2.9 - La lingua a disposizione degli utenti per la conclusione del contratto è l'italiano.
3.1 - All the prices indicated are expressed in EURO and include VAT.
3.2 - At the same time as accepting and sending the Order, the Seller will proceed with the withdrawal of the amount of Euro 150.00 (one hundred and fifty/00), as set forth in Article 1.3 above, according to the terms provided by the credit card company. Said amount shall be charged as a deposit, which - in the event the sale is completed - shall be charged as a down payment on the total price due for the purchase of the vehicle.
3.3 - Delivery of the vehicle shall take place only after the balance of the price has been paid, which shall be made at the Buyer's discretion by credit card or by bank transfer, according to the methods indicated on the site shop.felomoto.eu.
3.4 - The Seller is not authorised to change the sales price agreed in the purchase contract except for changes to the VAT rate and other applicable taxes.
4.1 - If the Purchaser is a consumer pursuant to the Consumer Code (Legislative Decree. 206/2005 - or its amendments), he/she shall have the right to withdraw, without any penalty and without specifying the reasons, from the date of the order and within 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the goods or, in the case of multiple goods ordered by the Purchaser in a single order and delivered separately, from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last good.
4.2 - The right of withdrawal is exercised by sending, within the term specified in paragraph 4.1 above, a written communication, in compliance with the model available on the site, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech
Viale Lombardia, 29, 22032 Albese con Cassano (CO)
Mail: customercare@shop.felomoto.eu
Fax: 031.525648
4.3 - Timely sending of the notice of withdrawal shall be sufficient for compliance with the withdrawal period.
4.4 - Timely sending of the withdrawal notice or dispatch of the vehicle shall be sufficient for compliance with the withdrawal period.
4.5 - If delivery of the vehicle has taken place, the Purchaser is obliged to return it to the Seller without delay and in any case within 14 days from the date of exercising the withdrawal. The following shall apply:
a) The Buyer shall return the vehicle to the Seller on his own responsibility, bearing the direct costs of the return. The return shall take place at the following address:
Terravision Electric S.p.A.
Viale degli Artigiani, 13,
20832 Desio MB
The Buyer acknowledges that the direct costs of the return cannot currently be calculated, depending on the location of the vehicle to be returned. Should the Buyer decide to return the vehicle by courier, the Buyer undertakes to use a courier with equipment, facilities and means suitable for transporting the vehicle. Should the Buyer wish to use, at his own cost and under his own responsibility, a courier trusted by the Seller, he may send an email to the Seller requesting an estimate, which is in any case non-binding. Unless the Buyer decides to make use of the Seller's trusted courier, the Buyer shall agree in advance with the Seller on the day of actual delivery of the vehicle;
b) the Purchaser also undertakes to return, within the same term of 14 days from the date of withdrawal, all documentation (including administrative and technical documentation) relating to the vehicle, as well as to cooperate actively with the Seller so that the transfer of ownership of the vehicle to the Seller (or to another party indicated by the same) can take place, delivering all the necessary documents duly signed.
The handover shall only be deemed to have taken place correctly on condition that the Buyer complies with all the commitments set out in this Article 4.5, letters a) and b).
4.6 - At the time of return, the vehicle will be inspected to check its condition; a special report will be drawn up, which will include the number of kilometres travelled and a description of any damage to the vehicle, with specific indication of the sums needed to repair the damage or in any case restore the vehicle (parts and labour). The substantial intactness of the vehicle is an essential condition for the exercise of the right of withdrawal, considering that it is in any case sufficient for the goods to be returned in a normal state of preservation, in that they have been kept and possibly used with normal diligence. Any sums that may be necessary to repair damage to the motorbike or otherwise restore the vehicle shall be borne by the Purchaser and shall be deducted from the sums to be returned to him pursuant to Article 4.7. The Purchaser shall only be liable for any decrease in the value of the vehicle resulting from any handling of the same other than that necessary to establish the nature, characteristics and functioning of the goods. In this regard, the Seller shall have the right to withhold from the sum to be returned following withdrawal, by way of fair compensation, €5 for each kilometre travelled by the vehicle in excess of a total of 10 km travelled from the time of delivery of the vehicle to that of its return. It is in any case understood that, unless otherwise specified by the Seller, the right of withdrawal cannot be exercised if the Purchaser has travelled more than 25 km.
4.7 - In the event that the withdrawal is validly exercised, the Seller is obliged to refund the sums paid by the Buyer, including those paid as a deposit and including any delivery costs, within the term of 14 fourteen days from the date of redelivery pursuant to art. 4.5. The Seller shall carry out such reimbursement by credit card and/or bank transfer, unless the Buyer has expressly agreed otherwise and provided that the Buyer does not incur any costs as a consequence of the reimbursement. The Buyer acknowledges that any sums necessary to repair damage to the motorbike or otherwise restore the vehicle shall be deducted from the refund.
4.8 - Without prejudice to the foregoing paragraph, the Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
4.9 - The Buyer acknowledges that the Seller may withhold reimbursement until:
(i) redelivery in accordance with Article 4.5 has taken place; or
(ii) the Buyer has demonstrated that it has returned the vehicle and fulfilled its obligations under Article 4.5(b), whichever comes first.
4.10 - In the event of withdrawal, the accessory contracts connected to the purchase of the vehicle shall also be automatically terminated, at no cost to the Purchaser.
4.11 - Without prejudice to the provisions of the preceding paragraph, the Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
Dopo la conferma dell’ordine da parte del venditore, il cliente potrà seguire lo stato dell’ordine direttamente dal suo spazio personale all’interno del sito.
5.1 - Dates and deadlines for delivery shall always be set in writing. The terms for delivery run from the conclusion of the purchase agreement.
5.2 - Without prejudice to the provisions of clause 5.6 relating to force majeure, the Buyer may request immediate delivery of the vehicle once 90 days have elapsed since the date or deadline for delivery, as indicated in the contract concluded between the Seller and the Buyer, and without prejudice to the provisions of clause 5.3 below. Upon receipt of such notice, the Seller shall be deemed to be in default. Without prejudice to Article 1229 of the Italian Civil Code, the Buyer's right to compensation for damages for the Seller's default is limited to a maximum of 5% of the agreed purchase price.
5.3 - After the expiry of the term referred to in Article 5.2, the Buyer is in any case obliged to allow the Seller a reasonable period of time to make delivery, before acting for termination. If the Buyer, in lieu of performance, acts for termination and damages, the latter shall be limited to a maximum of 15 per cent of the purchase price in the event of slight negligence. If the Buyer is a company or corporation or a professional person concluding the purchase agreement in the course of its business or self-employment, it shall not be entitled to claim compensation for damages caused by the Seller in cases of slight negligence. If, when the Seller is already in arrears with delivery, delivery becomes impossible due to unforeseeable circumstances, compensation for damages shall be limited as set out above. The Seller shall not be liable if the damage would have occurred anyway in the event of timely delivery.
5.4 - The limitations of liability provided for in this Article do not apply in case of damage to life, limb or health.
5.5 - If the Seller fails to comply with binding delivery terms, dates or periods, it shall be deemed in default if such terms, dates or periods have expired. In such a case, the Buyer may assert the rights referred to in paragraphs 5.2, 5.3 and 5.4.
5.6 - In the event of force majeure or other events affecting the business activities of the Seller or its suppliers and such as to prevent the Seller from providing - temporarily and through no fault of its own - timely delivery of the products purchased, the terms and dates referred to in this Article paragraphs 5.2 to 5.5 shall be suspended for the duration of such events. If such events result in an interruption of more than four months, the Purchaser shall have the right to withdraw from this purchase agreement. This clause does not affect other cases of withdrawal.
5.7 - Provided they are reasonable for the Buyer and taking into account the Seller's interests, any changes in construction or model, changes in colour or changes in the delivery block made by the manufacturer within the delivery period shall not give rise to withdrawal or termination, nor shall they constitute a breach of the purchase agreement.
6.1 - The Buyer is obliged to communicate his availability for collection of the vehicle ordered within 7 days of the communication by the Seller informing him that the vehicle is ready for dispatch.
6.2 - If the Buyer fails to collect the vehicle within said term, the Seller may exercise the rights recognised to him by law. The Seller shall have the right to obtain compensation for damages, to the extent of 15% of the gross sale price. Compensation may be determined to a greater or lesser extent depending on whether the Seller proves that it has suffered greater damage or whether the Buyer proves that the Seller has suffered less damage or no damage at all.
7.1 - The Buyer acquires ownership of the vehicle when he fulfils all the obligations arising from the purchase contract, including payment of the balance of the purchase price.
7.2 - As long as the Seller retains ownership of the vehicle, he shall be entitled to retain all documents relating to the registration of the vehicle.
7.3 - If the Purchaser does not fulfil his payment obligations punctually, the Seller shall have the right to withdraw from the purchase contract, retaining the deposit, or terminate the purchase contract according to the provisions of the law, requesting compensation for damages.
7.4 - As long as he has not acquired ownership of the vehicle, the Purchaser may neither sell nor transfer ownership of the vehicle nor assign any right of use thereof to third parties.
8.1 - The guarantee for vehicle defects, unless otherwise agreed, is prescribed in accordance with the law. Unless otherwise provided by law in the case of a sale to the Buyer, if a defect is discovered within 6 months of delivery, it is presumed to have existed at the time of delivery of the vehicle, unless the type of defect is such as to exclude this presumption. Limited to the Purchaser's right to demand remedy of the defect, this presumption shall also apply if the defect occurs for the first time in the second year following delivery.
8.2 - The Purchaser shall have no right if the defect or damage is attributable to the common use of the vehicle or to the fact that:
8.3 - The procedure for removing defects is as follows:
8.4 - The right to request the repair of defects is not affected by the change of ownership of the vehicle.
8.5 - This Article 8 does not apply to cases of civil liability also for defective products.
9.1 - If the Seller - according to provisions of the law or of this contract - is liable for damage caused by slight negligence, the Seller's obligation to compensate is limited as follows. The Vendor shall only be liable if the damage results from the impairment of one of the essential interests of the parties to the non-performance of one of the main performances. The liability of the Seller in this case shall be limited to the foreseeable damage at the time of the conclusion of the contract in accordance with Article 1223 of the Civil Code. If the specific damage is covered by the Buyer's insurance (with the exception of cover with fixed sums), the Seller shall only be liable for related damages, e.g. for increased premiums or interest rates until the damage is settled by the insurance.
9.2 - The Seller's liability due to fraudulent reticence about the existence of a defect, acceptance of the quality guarantee or non-performance attributable to the Seller remains unaffected, as does any other right recognised by the Consumer Code and the Civil Code.
9.3 - Any liability due to delay in delivery is exclusively governed by Article 5.
9.4 - The personal liability of the Seller's legal representative, agents, external collaborators, consultants and employees is excluded for damage caused by slight negligence.
9.5 - The limits of liability provided for in this Article do not apply in the event of death, injury to bodily integrity or health.
10.1 - This contract is governed by Italian law and, inter alia, by Title III, Chapter I, Section II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions).
10.2 - The language of the contract shall be Italian.
11.1 - Pursuant to Article 141-sexies, subsection 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Seller informs the Purchaser who qualifies as a consumer pursuant to Article 3, subsection 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has nevertheless not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code). The Seller also informs the Buyer who qualifies as a consumer under article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online resolution of consumer disputes has been set up (so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved. This is without prejudice, in any event, to the consumer user's right to bring an action before the ordinary courts having jurisdiction over the dispute arising from these General Terms, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to initiate an out-of-court settlement of disputes relating to consumer relations by having recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The Purchaser who resides in a member state of the European Union other than Italy, may also have access, for any dispute relating to the application, execution and interpretation of these Terms of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
11.2 - All disputes relating to relations with professionals, including those relating to cheques, shall be referred to the judge of the place where the Seller has its domicile. The foregoing provision also applies if the Purchaser is not domiciled in Italy, if he/she has transferred his/her domicile outside Italy after the conclusion of the contract or if his/her domicile is unknown at the time of the initiation of the proceedings.
11.3 - If the Purchaser is a consumer pursuant to and for the purposes of the Consumer Code, the court of the place where the Purchaser resides or is domiciled, if located in Italian territory, shall have exclusive jurisdiction for any dispute concerning the interpretation, execution, termination and/or cancellation of the contract.
12.1 - The Purchaser may submit any complaints to:
New Works Webtech srl
Viale Lombardia, 29, 22032 Albese con Cassano (CO)
Mail: customercare@shop.felomoto.eu
Fax: +39 031525648
Pec: webtech@postacertificata.eu
13.1 - The Buyer expressly acknowledges having received information from New Works Webtech srl, pursuant to and for the purposes of Article 49 of the Consumer Code, concerning
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