General terms and sales conditions
The sale of Fantic products by New Works Webtech srl (the "Merchant") according to the methods provided for on the https://shop.fantic.com website is governed solely by the following conditions (the "Conditions"), valid at the moment of concluding the contract. The General Conditions are available on the website https://shop.fantic.com where they can be downloaded, saved and printed at any time. The following Conditions apply to the sale of Fantic products made through the procedures provided for on the https://shop.fantic.com site, to the final customer (the "Consumer").
The present Conditions do not prejudice the validity and effectiveness of the legal provisions in force to protect the consumer (Consumer Code - (Legislative Decree 206/2005 and its amendments), including the provisions of Title III, Chapter I, concerning long-distance contracts concluded with the consumer), where applicable. A consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1. Presentation of products and prices
1.1 - The presentation of products on the https://shop.fantic.com website is for information purposes only and does not represent a binding offer by the Seller. The images and descriptions on the website https://shop.fantic.com reproduce the characteristics of the products as faithfully as possible. However, the colours may differ from the real ones due to the settings of the devices used by the consumer. The images of the products on the website https://shop.fantic.com may differ in size or in relation to any products. These images must therefore be understood as indicative and within the tolerances of use. For the purposes of the sales contract, the description contained in the order confirmation sent to the Consumer shall prevail.
1.2 - The customer can check the price of the products at https://shop.fantic.com.
2. Conclusion of the Contract / Assignment of rights and obligations
2.1 - Once the purchase procedure on the website https:// shop.fantic.com has been completed, the Consumer will receive an automatic confirmation from the Seller, via email, that the Order has been received. This confirmation, as well as subsequent communications updating the Order status, sent by email to the address used to send the Order, do not constitute acceptance of the Order by the Seller.
2.2 - The Purchase Agreement is concluded only when the Seller – after verifying the correctness of the data provided by the Consumer in the Order - confirms in writing the acceptance of the Order, or the goods are delivered.
2.3 - If the purchaser is a consumer, he has the right to revoke an Order placed which has not yet been accepted by the Seller.
2.4 - In accordance with Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, the Seller informs the Consumer that: the contract of sale is concluded when he/she receives confirmation from the Seller pursuant to Article 2.2;
2.5 - The sales contract will be kept in the Seller's database for the time necessary to execute it and, in any case, within the terms of the law. The Purchaser may access the contract and/or the data relating thereto through his personal account.
2.6 - The language available to users for the conclusion of the contract is Italian.
3. Price and payment
3.1 - All prices are quoted in EURO and include VAT and, unless explicitly stated otherwise, they do not include shipping costs. For non-EU countries, prices are exclusive of VAT. Local taxes and customs duties are to be paid by the Purchaser.
3.2 - Delivery of the purchased products will happen only after the balance of the price has been paid, which will be made at the Purchaser's discretion by credit card or by bank transfer, in accordance with the methods indicated on the website https://shop.fantic.com.
3.3 - The Seller is not authorised to change the sales price agreed in the purchase contract except for changes in the rate of VAT and other applicable taxes.
4. Consumer right of withdrawal
4.1 - If the Purchaser is a consumer within the meaning of the Consumer Code (d.lgs. 206/2005 - or its amendments), he will be entitled to withdraw from the contract without penalty and without specifying the reasons, within 14 days from the day on which the Consumer or a third party, other than the carrier and who has been designated by the Consumer, acquires physical possession of the goods. The same happens in the case of multiple goods ordered by the Consumer in a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and the person designated by the consumer, acquires physical possession of the last good.
4.2 - The right of withdrawal is exercised by sending, within the period referred to in paragraph 4.1 above, a written communication, in accordance with the model available on the website, by registered letter, telegram, fax or e-mail to the following address:
New Works Webtech srl
Via Oltrecolle 129 22100 Como (CO)
4.3 - Timely sending of the notice of withdrawal shall be sufficient for compliance with the withdrawal period.
4.4 - After the receipt, the consumer shall return the Products to the Seller without delay within 14 days from the date of exercise of withdrawal. The following actions have to be applied:
The Consumer must return the Products to the Seller at his own responsibility, bearing the direct costs of the return. The return address is indicated by the Seller when communicating the return authorisation code to the Consumer.
The Consumer acknowledges that the direct costs of returning the Products cannot be calculated at this time, as they depend on the location of the Products to be returned, but may in any case be significant. If the Consumer decides to return the Products by courier, he undertakes to use a courier with equipment, facilities and means suitable for transporting the Products to be returned. Should the Consumer 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 to request an offer, which is in any case not binding. Unless the Consumer decides to use the Seller's trusted courier, the Consumer must agree in advance with the Seller on the day of actual delivery of the products.
The Consumer is obliged to keep the original packaging for the duration of the two-year warranty period; therefore, in order to protect the product from any damage during shipment, it is requested that the same packaging will be used when returning the product. If the packaging is no longer available, the Consumer can purchase the box directly from Fantic.
The Consumer also undertakes to return, within the same term of 14 days from the date of exercise of withdrawal, all documentation (including administrative and technical documentation) relating to the Products, The return shall be deemed to have taken place correctly only on condition that the Consumer complies with all the undertakings set out in this Article 4.4, letters a) and b).
4.5 - At the time of return, the products will be subject to special checks to verify the condition; a special report will be drawn up, which will include the number of kilometres ridden. The return will be accepted only if the maximum number of kilometres recorded is no more than 1 km. The report will also contain a description of any damage, with a specific indication of the sums needed to repair the damage or in any case restore the Products to the state in which they were delivered (parts and labour). The substantial integrity of the Products is an essential condition for the exercise of the right of withdrawal, taking into account that it is in any case sufficient that the goods are returned in a normal state of preservation, as they have been kept and possibly used with normal diligence. In order for the right of withdrawal to be validly exercised, the product must be intact (without any signs of use, abrasion, etc.) and complete with any accessories, packaging, tags and attachments. Failing this, and in the case of more than one Km, the Consumer may be refused a refund by the Seller. Any sum required to repair the damage or otherwise restore the Products will be charged to the Consumer and will be deducted from the sum returned to him under Article 4.7. The Consumer shall only be liable for any diminution in the value of the goods resulting from the use of the goods in the wrong manner to establish the nature, characteristics and functioning of the goods.
4.6 - In the event that the withdrawal is validated, the Seller is obliged to refund the sum paid by the Purchaser, within 14 fourteen days from the date of redelivery pursuant to art. 4.4. The Seller shall carry out the refund by credit card and/or bank transfer, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any costs as a consequence of the refund. The Consumer knows that any sum required to repair the damage or to restore the product will be deducted.
4.7 - Without prejudice to the preceding paragraph, the Seller is not obliged to reimburse additional costs if the Consumer has expressly chosen a different type of delivery than the least expensive type of delivery offered by the Seller.
4.8 – The Consumer acknowledges that the Seller may withhold the refund until the return pursuant to Article 4.4.
4.9 - In the event of withdrawal, any accessory contracts connected to the purchase of the Products will also be automatically terminated.
4.10 - In accordance with Article 59, paragraph 1, letter c) of the Consumer Code (Legislative Decree 206/2005), the right of withdrawal is excluded, inter alia, when the purchase contract concerns a customised good based on specific needs or specific tastes of the Consumer.
5.1 - The dates and terms for delivery indicated on the site https://shop.fantic.com are to be considered as indicative. The date of shipment of the Products purchased will be communicated to the Consumer by email. The delivery terms start from the conclusion of the purchase contract.
5.2 – All the products indicated as "available" will be shipped within a maximum of 4 working days from receipt of payment of the total price of the order. If the payment is not made within the seventh day from the delivery of the Order, the Seller reserves the right to terminate the contract due to non-fulfilment by the Customer, who is then free to sell the Products to other customers.
5.3 – If the Seller should be unable to deliver the Products indicated as "available" due to suppliers' impediments or sudden exhaustion of stocks, the Seller reserves the right to extend the delivery terms up to 4 weeks, informing the customer immediately. In the event that the Seller is unable to deliver the Products, he will notify the consumer and the parties will be entitled to withdraw from the sales contract. The Seller shall be obliged to refund the sums paid by the consumer.
6. Statutory guarantee and conventional guarantee - Defective
Fantic Motor S.p.A., located in via Tarantelli n° 7, 31030 Dosson di Casier-TV (hereinafter referred to as Fantic), although it is not a final seller with respect to the consumer, intends to support the responsibilities of the final seller with its own guarantee called Fantic Conventional Guarantee, provided through its own authorised technical assistance network.
Fantic, although not a final seller, intends to support the responsibilities of the final seller with its own guarantee called the Fantic Conventional Guarantee, provided through its own authorised technical assistance network under below conditions.
This warranty is in addition to and does not affect the rights of the consumer as provided for in Legislative Decree 206/2005 in compliance with Directive 1999/44/EC.
- Fantic guarantees the quality, absence of defects and regular activity of its products, undertaking to eliminate all original design or manufacturing defects.
- This conventional warranty covers all the products included in Fantic's official price lists sold in the European Union and in the USA.
Commencement and Duration:
The warranty starts from the date of purchase.
- The duration of the warranty is 24 months.
- Spare parts are guaranteed for 24 months, starting from the date of Fantic's invoice to the first purchaser.
- The battery pack is guaranteed for 24 months. Batteries are designed to retain at least 60% of their rated capacity at the end of the warranty period.
Replacement of parts under warranty extends the warranty period of the replaced part.
Warranty repairs will not extend or renew the warranty period for the entire product.
- Parts replaced under warranty will remain the property of Fantic.
- Fantic reserves the right to supply under warranty components which are different from the defective ones but which have the same functional characteristics
- The customer must be in possession of proof of purchase: invoice or receipt showing the date of purchase and vehicle identification data (serial number).
- It is not possible to use Fantic Conventional Guarantee if more than 36 months have passed since the date of invoicing of the product by Fantic to the first purchaser. It will be the responsibility of the final purchaser to check with his seller whether the product is eligible for Fantic's conventional warranty.
- The guarantee and respective conditions may be transferred to any subsequent purchasers. The warranty period is in any case calculated from the date of the first purchase. It will be the responsibility of the final purchaser to acquire proof of the first purchase from the previous owner.
The conventional warranty is void under the following conditions:
- Misuse of the product not in accordance with the instructions or use not in accordance with the purposes for which the product was designed.
- Use in races or competitions or for commercial purposes (e.g. rental).
- Tampering with or incorrect adjustments or repairs carried out on the product by personnel not authorised by Fantic.
- Use of spare parts or accessories which are not original or not recommended by Fantic.
- Failure to carry out regular maintenance (where applicable) by a Fantic Service Centre.
During the warranty period, the Customer must report the conformity defect within 2 (two) months from the date on which the defect was detected.
The action is time-barred if, after this period, the right is not exercised.
In order to have access to the warranty, the user must be able to show the Authorised Service Centre the fiscal documentation proving the purchasing date.
For purchases made through the e-commerce/online system, it is necessary to have the original packaging of the scooter in order to make use of the right of withdrawal under warranty and assistance services (both under warranty and under payment). If the customer is not in possession of the original packaging, he/she can proceed by choosing one of the following methods:
- Use any packaging (in this case, any transport damage is entirely the client's responsibility);
- Buying the original packaging from Fantic.
All defects and/or damage to the product due to the following causes are excluded from this guarantee:
- Normal wear and tear from use (electric and mechanical brake, wheels, etc...).
- Rust, oxidation and degradation.
- Use of liquids containing impurities/detritus which can damage the components.
- Forced or prolonged stop.
- Routine maintenance operations
Warranty cover outside Europe
When travelling outside of Europe, it is the customer's responsibility to show the Fantic warranty booklet given with the product together with relevant service and maintenance records showing entitlement to warranty cover.
If the customer is unable to do so, the retailer should consult Fantic.
In exceptional circumstances, the customer may be required to pay for warranty repairs. In such cases, the customer should retain the invoice for the repair, and if possible, any parts replaced, so that when the customer returns home, the local dealer can arrange for reimbursement of the amount due.
The Court of Treviso shall have jurisdiction over any legal action.
The pendency of legal action does not exempt the customer from payment obligations.
7.1 - It is the Seller's responsibility to fraudulently reticence about the existence of a defect, acceptance of the quality guarantee or non-performance attributable to the Seller, as well as any other right recognised by the Consumer Code and the Civil Code.
7.2 - The personal liability of the Seller's legal representative, agents, external collaborators, consultants and employees is excluded for damage caused by slight negligence.
7.3 - The limits to liability provided for in this article do not apply in the event of death, injury to physical integrity or health within the meaning of Article 114 et seq. of the Consumer Code.
8. Applicable law and contractual language
8.1 - 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).
8.2 - The language of the contract shall be Italian.
9. Out-of-court settlement of disputes. Jurisdiction
9.1 - Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Seller informs the Customer who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that, in the event that he/she has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute in this way, the Seller will provide information on the dispute. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code). The Seller also informs the Customer, who has the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an on-line dispute resolution procedure for the dispute in which he is involved. This is without prejudice, in any case, to the right of the consumer user to bring an action before the ordinary judge with jurisdiction over the dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. Furthermore, the Purchaser residing in a member state of the European Union other than Italy may, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, have access 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 Euro 2,000.00, excluding interest, fees and expenses. The text of the regulations can be found at www.eur-lex.europa.eu.
9.2 - 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 registered office. The foregoing provision also applies if the Consumer 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 judgement.
9.3 - If the Customer is a consumer pursuant to and for the purposes of the Consumer Code, for any dispute concerning the interpretation, execution, termination and/or resolution of the contract, the judge of the place where the Consumer resides or has his domicile shall have exclusive jurisdiction, if located in Italian territory.
10.1 - The Consumer may submit any complaints to:
New Works Webtech srl
Via Oltrecolle 129 22100 COMO (CO)
Fax: +39 031525648
11.1 - - The Consumer expressly acknowledges having received communication from the Seller, pursuant to and for the purposes of Article 49 of the Consumer Code, concerning:
- the main characteristics of the goods purchased;
- the identity of the professional, the geographical address where he is established and his telephone number
- the total price of the goods purchased including taxes, the additional costs of shipping, delivery or, where such costs cannot reasonably be calculated in advance, an indication that such costs may be charged to the consumer.
- the method of payment, delivery and performance, the date by which the Seller undertakes to deliver the goods and the Seller's handling of complaints
- the existence of the legal guarantee of conformity for the goods, the existence and the conditions of the after-sales service and commercial guarantees
- the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54(1) of the Consumer Code, as well as the standard withdrawal form
- the possibility of using an out-of-court complaint and redress mechanism to which the trader is subject and the conditions for having access to it