General Sales Conditions

These General Sales Conditions govern the contractual relationships between the Customers of the cycling.favero.com website and the Company

 

FAVERO ELECTRONICS Srl

 

VAT Number 04703130262 - Tax identification code 04703130262
Registered office: via Ruggero Lombardi, 64 - 31030 Arcade (Treviso) ITALY

 

hereinafter referred to as FAVERO.

 

The original version of the present contract is written in Italian. In case of conflict or interpretation issues arising from the translation in the languages available on the cycling.favero.com website, the Italian version shall prevail and will therefore be binding.

1. Definitions

 

In these General Sales Conditions, the following definitions shall apply:

 

  • SITE: The cycling.favero.com Internet website where the PRODUCTS are sold at retail by FAVERO.
  • CUSTOMER: the physical person who purchases the products sold through the SITE for purposes other than conducting commercial, professional, or corporate business that it may carry out. To be able to make a purchase through the SITE, the CUSTOMER must be over 18 (eighteen) years of age and have full legal capacity.
  • CONTRACT: the distance sales contract entered into between FAVERO and the CUSTOMER.
  • PRODUCTS: FAVERO’s products described directly on the SITE, and also including their general characteristics (for each product viewed, the CUSTOMER can open a specific table containing the product’s main information), that the CUSTOMER can buy following the on-line purchasing procedure described below.

2. Acceptance of the general sales conditions

 

The presentation of the PRODUCTS on the SITE is not binding for the seller FAVERO and only represents an invitation for the CUSTOMER to formulate a contractual purchase proposal.

 

The purchase order transmitted by the CUSTOMER to FAVERO through the SITE is considered a contractual proposal and is regulated by these Sales Conditions, which are an integral part of the order and that the CUSTOMER shall fully and without any reservation accept when transmitting the order to FAVERO.

 

Before sending the order for the purchase of the PRODUCTS, the CUSTOMER shall carefully read these Sales Conditions - particularly the section dedicated to the right of withdrawal (point 7) - print and save or reproduce a copy of the Sales Conditions for his/her personal use. Moreover, he/she shall find and correct any mistakes made while entering his/her personal data.

 

Following CUSTOMER’s purchase order, FAVERO shall send an order confirmation to the e-mail address provided by the CUSTOMER during registration to the SITE or, if not registered, when sending the order. Said e-mail order confirmation will contain the link to these Sales Conditions, the summary of the order placed and the characteristics of the product ordered.

 

The CUSTOMER’s purchase order will be accepted by FAVERO with the transmission to the CUSTOMER of another e-mail confirming the delivery of the product and indicating the estimated delivery date. The CUSTOMER may cancel the order until he/she receives this second e-mail, provided that the order has not been prepared for the delivery procedure.

 

Pursuant to art. 12 of Law Decree no.70/2003, FAVERO informs the CUSTOMER’s order, FAVERO’s order confirmation and the Sales Conditions applied are electronically saved on the server of the provider hosting the SITE as well as saved at FAVERO’s premises as printed copy or on electronic file in respect of criteria ensuring confidentiality and safety of the data collected. The CUSTOMER is entitled to receive a copy of such documents by sending a written request to the following e-mail address: favero@favero.com.

3. Online purchasing procedure

 

A CUSTOMER who wishes to proceed with a purchase must:

 

Select the desired PRODUCTS one at a time and place them in the virtual shopping basket;

 

  • After having selected the PRODUCTS, in order to buy the products placed in the basket, the CUSTOMER will be invited to register to the Site, providing the required data, or to login, if already registered (site registration is optional for the customer);
  • The CUSTOMER will view a summary of the order and will be able to modify its contents: then, the CUSTOMER, after having carefully checked the order, shall expressly approve these Sales Conditions by ticking the appropriate box;
  • Finally, after clicking the "Order" button, the CUSTOMER will be prompted to confirm his/her order, which will be definitively sent to FAVERO and will produce the effects described above (point 2);
  • The CUSTOMER shall be asked to choose the delivery and payment method among those available;
  • At the receipt of the order, FAVERO will automatically send an e-mail order confirmation which does not yet represent the acceptance of the purchase proposal but is only a confirmation that the order has been received and that the verification of product availability is being carried out;
  • The contract will be concluded when FAVERO will send a separate e-mail accepting the purchase proposal. This e-mail will contain the information on the product delivery and the expected delivery date.

 

The contract between the CUSTOMER and FAVERO is concluded through the above described procedure. The conclusion of the contract entails the CUSTOMER’s obligation to pay the price for the selected PRODUCTS.

 

FAVERO reserves the right to refuse orders received, also due to requested products being out of stock. In such case, FAVERO undertakes to promptly inform the CUSTOMER.

4. Product Prices

 

All the selling prices of the PRODUCTS are expressed in euros. The delivery cost and any other additional expense is not included in the purchase price but shall be separately indicated and calculated. When a purchase order is completed, or in any case, before completing the purchasing procedure, the CUSTOMER, pursuant to point 2 above, will be able to check such costs and expenses.

 

Please note that the PRODUCTS sold are not subject to any import tax or customs duties if they are sold and delivered to Italy or other countries of the European Union.

 

In case of delivery to Countries outside of the European Union, the PRODUCTS may be subject to import taxes and/or customs duties depending on the type of product and Country of destination: therefore, clearance costs of the goods cannot be calculated in advance. For more information, the CUSTOMER should refer to the customs office of his/her own Country. In any case, any costs relating to import taxes and/or customs duties shall be totally borne by the CUSTOMER.

 

If the CUSTOMER decides to refuse the package at arrival or is not repeatedly available for delivery, the package will be immediately returned to FAVERO.

 

In case of being an Extra EU CUSTOMER, once FAVERO will have received the goods, it will reimburse the CUSTOMER the PRODUCT price less any return shipping costs and additional customs fees that FAVERO might have paid.

5. Payments methods

 

Only payment types specified in the quote will be accepted. Only the following payment methods are accepted:

 

  • Advance bank transfer payment: The payment is considered effective only after the amount has been transferred to FAVERO's bank account. The CUSTOMER must include the Order Number and the name of the person appearing on the invoice. The goods will be dispatched only after the amount has been credited to FAVERO’s reference bank. The money transfer generally requires from 1 to 5 days.
  • Credit card payment: FAVERO accepts International MasterCard and Visa credit cards. At no time is FAVERO able to acquire information regarding the CUSTOMER's credit card, since it is transmitted via a secured connection directly to the bank that is managing the transaction. FAVERO thus declines any responsibility arising from illegitimate or fraudulent credit card use by third-parties. Payment via credit card is only allowed if the name and the address of the recipient of the goods correspond to those of the cardholder. FAVERO reserves the right to ask for a copy of the documents proving the ownership of the card used. When a transaction is made on-line, the bank involved only authorizes payment of the purchase amount. The amount will be effectively charged to the CUSTOMER's credit card only once goods have been dispatched. If the order fails to be fulfilled, whether due to FAVERO's failed acceptance or to the CUSTOMER's cancellation, FAVERO will immediately proceed with the request to release the secured amount.
  • PayPal payment: It allows paying through one’s own credit card / pre-paid card or one’s own PayPal account, at the conditions applied by PayPal.

6. Delivery of goods

 

FAVERO shall arrange to send the goods to the address specified by the CUSTOMER in the order, by shipping them via trusted international couriers.

 

Upon receipt of the goods, the CUSTOMER shall check that:

 

  • The number of packages corresponds to the number shown on the shipping document;
  • The packages are closed, undamaged and have not been tampered with or damaged externally.

 

Failure to immediately report the non-conformity to the courier, with respect to points 1 and 2 above, before signing for the acceptance of the goods, shall bar the CUSTOMER from raising any future objections.

 

In case of complaint upon delivery, the CUSTOMER shall indicate the damage encountered and clearly state that his/her acceptance is subject to inspection of the goods.

 

Any problems relating to the integrity, completeness or conformity of the products must be reported to FAVERO within 8 (eight) days from the delivery date, by sending an electronic communication to the e-mail address favero@favero.com.

 

Should the CUSTOMER fail to collect the goods, consequently returned to the sender, the order will be cancelled and the CUSTOMER will be charged for the transport costs, deducted from the amount previously paid.

 

The delivery time of the goods will be precisely indicated in the e-mail indicating the acceptance of the purchase proposal. The delivery dates are approximate but FAVERO will always do its best to respect them. In any case, PRODUCTS will be delivered no later than 15 days from the date indicated in the purchase proposal acceptance e-mail.

7. Right of withdrawl

 

If the PRODUCTS are sold within the European Union, pursuant to Directive 2011/83/UE on consumers’ rights, the CUSTOMER has the right to withdraw from the CONTRACT, without any penalty and without giving any reason. Such customers may request reimbursement of the amount paid after returning the good.



Exercising the Right of Withdrawal

The withdrawal period expires after 14 (fourteen) days from the day the CUSTOMER acquires physical possession of the PRODUCTS purchased online.

To exercise the right of withdrawal, the CUSTOMER must inform FAVERO about the decision to withdraw from the CONTRACT by sending an explicit declaration. This can be done by using the “Withdrawal Form” which can be downloaded by clicking on the following link “
Download Withdrawal Form”, attaching the required documents and sending them to the following e-mail address: favero@favero.com.

In any case, FAVERO will confirm receipt of CUSTOMER’s withdrawal communication without delay by sending a specific e-mail.

 


Effects of withdrawal - Return of the PRODUCTS

The CUSTOMER shall return the PRODUCTS to FAVERO (FAVERO ELECTRONICS Srl, via Ruggero Lombardi, 64 - 31030 Arcade (Treviso) ITALY), without undue delay and in any event not later than 14 (fourteen) days from the day on which the CUSTOMER communicates his/her decision to withdraw from the CONTRACT. The term is met if the PRODUCTS are sent back before the period of 14 (fourteen) days has expired.

Please note that the direct costs sustained for returning the PRODUCTS are fully borne by the CUSTOMER.
Extra EU CUSTOMERS shall also sustain any additional fees to return the package.


 

Effects of withdrawal - Reimbursement of the purchase amount

In case of withdrawal from the CONTRACT, FAVERO shall reimburse the CUSTOMER the purchase price of the returned PRODUCTS, without undue delay and in any event not later than 14 (fourteen) days from the day on which FAVERO is informed about the CUSTOMER’s decision to withdraw from the CONTRACT.

Such reimbursement will be settled by bank transfer. The bank data shall be provided by the CUSTOMER in the above-mentioned withdrawal communication. In any event, the CUSTOMER shall not incur in any fees as a result of such reimbursement.
Please note that FAVERO may withhold the reimbursement until the returned PRODUCTS are received.
FAVERO shall reimburse Extra EU CUSTOMERS the PRODUCT price less any return shipping costs and additional customs fees that FAVERO might have paid.


To claim reimbursement of the total amount paid, the PRODUCTS must be returned whole (not used or damaged by the CUSTOMER) and in their original packaging (any identification labels must be attached to the PRODUCTS as they are an integral part of the items). In any event, the CUSTOMER is liable for any diminished value of the PRODUCTS if the goods are handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. Please note that to establish the PRODUCTS’ nature, characteristics and functioning, the CUSTOMER must handle and inspect them with due care and in the same way he/she would be allowed in a shop.


 

Exclusion of the right of withdrawal

However, note that the right of withdrawal may be excluded for certain PRODUCTS, such as software or other electronic goods. By consciously using these PRODUCTS, the CUSTOMER loses the right of withdrawal. Such right shall also be lost in the case of PRODUCTS made to the CUSTOMER’s specifications or evidently personalized to satisfy the CUSTOMER’s request. When the right of withdrawal is expressly excluded, and therefore the CUSTOMER will not be able to withdraw from the contractual obligations of the online purchase or require the reimbursement of the amount paid for the purchase, FAVERO shall clearly include such exclusion in the information on the main characteristics of the PRODUCTS.

8. Guarantee

 

FAVERO guarantees that its PRODUCTS are compliant with the technical standards in force in the European Union. However, it is the CUSTOMER’s responsibility to inform FAVERO of any discrepancies with the applicable laws of his/her Country which may be relevant to the content of the CONTRACT and/or the conformity of the PRODUCT.

FAVERO is responsible for any conformity defect encountered within 24 (twenty-four) months starting from the delivery date of the PRODUCT for which such non-conformity has been declared.

Using the guarantee

The CUSTOMER shall promptly inform FAVERO about any conformity defect of the PRODUCTS - in any case, within 2 (two) months from the discovery of the defect - by sending a specific written notification to the e-mail address support@favero.com together with the guarantee form duly completed (the form can be downloaded by clicking on “Download Guarantee Module ”). In such communication, the CUSTOMER shall also indicate the name and the telephone number of the person to contact in case clarifications are needed; enclose a copy of the purchase documents (invoice) if the PRODUCT is covered by the guarantee; indicate the precise address for the delivery of the repaired product or the delivery of the component to be replaced.

In case of a conformity defect of the product, FAVERO will repair the purchased PRODUCT (if possible) or replace the product’s defective component or replace the PRODUCT free of charge. The CUSTOMER shall follow the specific instructions provided by FAVERO so as to offer full assistance.

If repair or replacement are not possible as excessively expensive, or FAVERO does not provide for repair or replacement in due time, the CUSTOMER may choose to ask for an adequate price reduction or contract cancellation, with the consequent reimbursement for the amount paid for the defective product and the shipment costs. In such case, the CUSTOMER shall send his/her request to FAVERO, who shall then agree to proceed with it or give the reasons impeding the cancellation within 7 (seven) working days from receipt.

 

In the same communication, if FAVERO accepted the CUSTOMER’s request, FAVERO shall indicate the offered price reduction or the instructions for returning the defective product. In the above cases, to credit the amounts previously paid to FAVERO, FAVERO shall transfer the amount using the bank data provided by the CUSTOMER.

Please note that in case of guarantees applied to CUSTOMERS resident or domiciled outside the European Union, the delivery costs and any custom duties are not included in FAVERO's guarantee.

 

Guarantee exclusions

The guarantee does not include:

  • Parts subject to normal wear-and-tear, such as batteries, connection cords and cables, connectors, moving mechanical parts and exterior surfaces;
  • Any software updates, maintenance, periodic checks;
  • Damages resulting from carelessness, negligence, any use or installation that does not conform with the instructions provided, and any unauthorized tampering or modifications;
  • Damages due to external events: accidents, infiltration of liquids, fire, voltage surges due to lightning or other sources, etc.

Besides the above exclusions from the guarantee, for the sole Assioma, bePRO products and related accessories, the additional guarantee exclusions detailed on the following link “Download Guarantee Details”  apply. The customer is invited to carefully read the guarantee exclusions.

9. Instructions

 

All PRODUCTS sold by FAVERO are provided with instructions for their installation and use. The CUSTOMER shall follow and correctly apply the instructions provided. On the contrary, FAVERO shall not be responsible for any damage or inconvenience suffered by the CUSTOMER.

10. Liability exclusion clause

 

FAVERO shall not be responsible for any delay or breach of the General Sales Conditions if the delay or failure depend on unexpected events or force majeure. This clause does not affect the consumer’s rights as deriving from the law and in particular the right to receive the purchased goods within an adequate term or being reimbursed in case of failed delivery due to unexpected events or force majeure.

11. Liability for damage due to defective products

 

In case of damages caused by defective PRODUCTS, the regulations provided for in European Directive 85/374/EEC and Italian Law Decree no. 206/2005 (Consumer’s Code) and following amendments shall be applied.

12. Applicable law and competent court of jurisdiction

 

The present General Sales Conditions are regulated and interpreted in compliance with the Italian Laws and specifically Law Decree no. 206 of 6 September 2005, cd. Consumer's Code and following amendments, specifically relating to the regulations on distance contracts and Law Decree no. 70 of 9 April 2003 on electronic commerce. Any consumer’s right under the binding regulations in force in the country of domicile or residence of the consumers shall be complied with.

 

In case of dispute deriving from the CONTRACT between FAVERO and the CUSTOMER, FAVERO guarantees its willingness to settle the dispute by friendly negotiation. If the dispute cannot be settled by friendly negotiation, the exclusive jurisdiction shall be that of the judicial offices of the Court of Treviso, except in the event that such conjecture is not applicable due to binding regulations in force in the country of domicile or residence of the consumer.

13. Communications and complaints

 

Any written communication or complaint addressed to FAVERO shall be considered only if sent by post to FAVERO ELECTRONICS Srl, via Ruggero Lombardi, 64 - 31030 Arcade (Treviso) ITALY; or by e-mail to favero@favero.com.

Consumers residing in Europe have to be aware of the fact that the European Commission has established an online platform providing an instrument of alternative dispute resolution. Such an instrument can be used by EU-based consumers to reach an out-of-court settlement about disputes pertaining and/or deriving from online sales contracts for goods and services. As a consequence, if you are an EU consumer, you can use such platform for the resolution of any dispute arising from the online contract you stipulated with FAVERO. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.

14. Validity of the causes

 

Should a clause or part of a clause of these General Sales Conditions be considered invalid because in contrast or contrary to a rule of law, all the other clauses of this agreement or parts thereof remain fully valid and effective.

 

The conditions contained in this document may be changed by FAVERO with no prior notice and shall be valid from the date they are published on the cycling.favero.com Internet site.

15. Epr registration numbers

 

FAVERO's EPR registration numbers:

 

  • Batteries - FR027692_06YCY5
  • Electrical and Electronic Equipment - FR028578_05SLAB