Conditions of sale

Paragraph 1: Important notice

Important Notice

Once the SpeedFun speed unlocking device has been installed, the electric bicycle, exceeding the 25 kmH limit, is compared to a moped and as such, if it circulates in public places, requires the homologation-registration by the Civil Motorization; subject to the payment of the road tax and insurance coverage, must have the plate, can not circulate on the bike paths and the driver has the obligation of driving with license and must use the helmet. In addition, the driving of a motorized bicycle equivalent to a moped that does not comply with the aforementioned provisions involves the administrative seizure of the vehicle and pecuniary penalties that vary depending on the offense. The manufacturer of the speed release system declines any responsibility for any damage caused to the pedal assisted bicycles on which the device is mounted as well as to direct or indirect damage to people or things. Remember that the modification to the bicycle invalidates the manufacturer’s warranty.

EBIKE SOFTWARE COMPATIBLE WITH SPEEDUP DEVICES
The operation of the SpeedFun devices is guaranteed for the software versions of the ebikes released up to the date of purchase of the device itself.
If the ebike is subsequently updated with software for which the SpeedFun device has not been tested, it may fail to work and SpeedFun does not respond with the guarantee. Before updating your engine it is necessary to check the compatibility with your SpeedFun device.

ABOUT ANTI-TUNING DEFENSES:
SpeedFun – Phase B snc disclaims any responsibility for any anomalies or engine blocks caused by the anti-tuning defenses that the engine manufacturers could activate.

 

Paragraph 2: Introduction and general information

Generality

The “SpeedFun – Phase B snc of Garbo Federico & C.” intends to apply the concept of electronic commerce by adopting for the moment only the system and the payment method for the Consumer Customer of the Advance Bank Transfer and payments with credit cards and with PayPal. The “SpeedFun – Phase B snc of Garbo Federico & C.” also underlines the concept of consumer protection introduced with the Legislative Decree 50/1992, D.L 22/5 n. 185/1999 on sale outside commercial premises. In fact, contracts stipulated with IT or telematic tools apply the provisions set forth in Legislative Decree 50/1992 and Legislative Decree 22/5 n. 185/1999 concerning contracts negotiated away from business premises and subsequent norms established by Legislative Decree n. 70 of 9 April 2003 and of Legislative Decree n. 206 of 6 September 2005 “Consumer Code” which harmonises and reorganises the regulations concerning the purchasing and consumption processes in order to ensure greater protection for consumers.

The following conditions are valid from December 1st 2010.

Invoices

Invoices are issued to VAT holders only and exclusively if explicitly requested at the time of the order through the specific “Request commercial invoice” box and related fields duly completed.

Timing

The pieces available in stock on the date of acceptance of the order can be made available or shipped within a minimum of 5 working days from the acceptance itself.

For the parts of the catalog not available in stock at the date of acceptance of the order, the manufacturing time will be communicated as an indication after acceptance of the order.

Delivery times are communicated for information only and can not give rise to any penalty for delay, damages for damages, withholding or cancellation of orders in progress, regardless of the causes, the entity and the consequences of the delay .

SpeedFun – Phase B snc of Garbo Federico & C will be exempted from its obligation to deliver if there are cases of force majeure such as, but not limited to, war, riots, fires, strikes, natural disasters, inability to obtain supplies.

Delivery

The products are sold by the SpeedFun – Phase B snc headquarters of Garbo Federico & C traveling at the risk and peril of the recipient.

Unless otherwise agreed, transportation will be made at the customer’s expense by the carrier chosen by Garbo Federico & C’s SpeedFun – Phase B snc or by the customer when ordering.

In case of loss or damage during transport, it will be up to the customer to formulate his observations and reservations to the carrier by registered letter with return receipt or by out-of-court document within three days from the receipt of the products.

SpeedFun – Phase B snc of Garbo Federico & C reserves the right to make partial deliveries upon communication to the customer.

Receipt and Right of Withdrawal

Without prejudice to the provisions against the carrier, claims relating to apparent defects or non-conformity of the delivered product, to the product ordered or to the delivery note, must be formulated in writing within 14 (fourteen) days from the arrival of the products. the decadence.

It will be up to the purchaser to provide justifications proving the effective presence of defects or anomalies found. The buyer will have to facilitate the seller in ascertaining such defects or in remedying them. The buyer will refrain from intervening in person or authorizing the intervention of third parties.

In relation to the guarantee, the only obligation that incumbent on the seller will be to provide free replacement / repair of the product / repair of the defective part.

Any product for which it intends to make use of the warranty must be previously submitted to the seller’s after-sales service, whose approval is essential to proceed with the free replacement / repair of the product / repair of the defective part. If the aforementioned guarantee is not applicable, any transport costs will be borne by the purchaser.

 

Paragraph 3: Conditions of sale (extended version)

1) OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION

“On-line” contract of sale means the distance contract, ie the legal transaction concerning movable goods and / or services stipulated between a supplier and a consumer, a customer within the framework of a distance selling system organized by supplier who, for this contract, only uses the remote communication technology called “internet”. All contracts, therefore, will be concluded directly through access by the consumer customer to the corresponding website, following the procedures indicated, we will conclude the contract for the purchase of the asset. By consumer is meant the natural person who purchases goods and services for purposes not directly attributable to the professional activity carried out.

2) AVAILABILITY OF THE PRODUCTS

The SpeedFun – Phase B snc computer system of Garbo Federico & C is designed to guarantee the evasion of written orders and avoid unnecessary waiting times for the customer; in fact, it indicates the physical availability of the product. Should an order exceed the existing quantity in the warehouse, the management of the company will make known to the purchaser whether or not the product is available in the future.

The arrival of the remaining quantities can be reported to the consumer who requests it via e-mail and / or through a personal communication of the Management. The consumer does not acquire any priority on such good and as soon as available he will be informed of the availability in order to perfect the purchase of the product that will be available to all customers. In case of temporary unavailability of the goods, the supplier must immediately inform the consumer before or during the execution of the contract and, if necessary, provide for the reimbursement of the sums already paid for the payment of the supply pursuant to art. 54 of Legislative Decree 206/2005. Except for the consent of the consumer to be expressed before or at the time of conclusion of the contract, the supplier can not perform by supplying a supply other than that agreed, even if of an equivalent or higher value.

3) OBLIGATIONS OF THE BUYER

The consumer undertakes, once the purchase procedure is completed, to provide for the printing and preservation of the present general conditions, which, moreover, will have already viewed, as well as the specifications of the product object of the purchase.

3.1. These terms and conditions may be updated or modified at any time by the SpeedFun – Phase B snc of Garbo Federico & C, which will notify you by posting a notice on the site. The consumer undertakes and obliges, whenever a change in these general conditions occurs, to provide for their printing and storage.

3.2 It is forbidden for the purchaser to enter false, and / or invented, and / or fictitious data, in the order process necessary to activate the process for the execution of the present contract and the related additional communications; personal data and e-mails must be exclusively their real personal data and not of third parties, or fancy ones.

3.3 The Customer indemnifies the SpeedFun – Phase B snc of Garbo Federico & C from any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer, since the Customer is solely responsible for the correct insertion.

4) AUTHORIZATIONS

By filling out the order, in the purchase procedure, necessary to activate the process for the execution of this contract and the related additional communications, the Client authorizes SpeedFun – Phase B snc of Garbo Federico & C snc to communicate personal and common personal data (as defined under Article 4 of Legislative Decree 196/2003) to couriers and / or shippers of trust for the delivery of goods purchased in order to allow the procedures necessary for their delivery.

5) SALES PRICES AND PURCHASING METHODS

All the selling prices of the products displayed and indicated on the website for which they constitute an offer to public pursuant to art. 1336 c.c., are VAT included, viewable in the summary list of the “Cart”. The customer will be charged a shipping fee, clearly displayed before confirming the order and shipping will be by express courier or postal service.

The purchase contract is perfected through the exact compilation and consent to the purchase manifested through the adhesion given “on-line” or with the signing of the order present on the site. There is no minimum purchase order constraint. The customer can pay for the goods ordered through the payment services indicated online at the time of purchase. For greater protection of the Customer, the Administration office of SpeedFun – Phase B snc of Garbo Federico & C will be able to carry out checks on the details of the order holder at the time of invoicing.

5.1 RESPONSIBILITY

SpeedFun – Phase B snc of Garbo Federico & C. assumes no responsibility for the disservices due to force majeure and / or fortuitous events such as accidents, thefts and / or robberies in charge of delivery, fires, explosions, strikes and / or shut down, earthquakes, floods and other similar events that prevent, in whole or in part, to execute in time and in the manner agreed upon in the contract. The SpeedFun – Phase B snc of Garbo Federico & C will not be liable to any party regarding the damages, losses and costs incurred as a result of the non-execution of the contract for the above mentioned causes, having the consumer entitled only to the return of the price paid. Likewise, SpeedFun – Phase B snc of Garbo Federico & C is not responsible for any fraudulent or illegal use that may be made by third parties upon payment of the purchased products.

6) RIGHT OF WITHDRAWAL AND REPLACEMENT

The consumer pursuant to art. 65 of the “Consumer Code” who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract or request the replacement, or refund, of the goods without any penalty, except for shipping costs , and without specifying the reason, within the term of 14 (fourteen) working days starting for the goods from the day of their receipt. Please note that:

If a refund is requested, the customer will be entitled to a refund of the amount paid to SpeedFun – Phase B snc di Garbo Federico & C. net of delivery and re-shipping costs;
For the purposes of the expiry of the term, the goods are considered returned when they are delivered to our premises. site. The goods travel at the buyer’s risk;
In case the goods have been shipped from non-EU countries, any costs which include but are not limited to: customs duties, VAT, freight, etc. are the sole responsibility of the sender (buyer). SpeedFun – Phase B snc di Garbo Federico & C. reserves the right not to collect packages that require the payment of such expenses;
Upon arrival at the headquarters, the substantial integrity of the returned goods, which is an essential condition for exercising the right of withdrawal, will be verified by a SpeedFun specialized technician. In any case, it is sufficient that the goods are returned in a normal state of conservation and possibly used with the use of normal diligence;
In the event that the customer has received defective, damaged or incorrect products, the only costs payable by the consumer for exercising the right of withdrawal, or for requesting the exchange of the aforementioned goods, are the costs of returning the goods to the sender. All items must be received in the same conditions of receipt, provided with the original packaging and any manuals, without any lack. It is understood that the risks and the cost of transport for returning the items are fully borne by the Customer;
The refund will be issued within 30 working days. from receipt of the goods and using the same payment method used by the buyer when ordering, with the exception of “cash on delivery” orders. In the latter particular case, the customer will be asked to provide valid bank details to which the refund transfer will be made. The sums are understood to be reimbursed at the time the order is sent to the service used (bank, Stripe, PayPal, etc.). The effective re-credit to the buyer’s payment method may require times that do not depend on SpeedFun – Phase B snc di Garbo Federico & C.
The method for exercising the right of withdrawal is represented by:
– a written communication by registered mail with acknowledgment of receipt sent to the following address:
SpeedFun – Phase B snc di Garbo Federico & C
Via Leonardo da Vinci, 13
35020 Casalserugo (PD)
Italy
– a digital communication to the addresses indicated on the “contact” page of the site

Each request will be evaluated individually by SpeedFun – Phase B snc di Garbo Federico & C. and any shipments without our explicit authorization will not be withdrawn.

In the absence of the above requirements, the Supplier will not be able to grant the Customer the right of withdrawal;

7) CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE

The SpeedFun – Phase B snc of Garbo Federico & C has the right to terminate the contract by giving simple communication to the customer with appropriate and justified reasons; in this case the customer will be entitled exclusively to the refund of any sum already paid. The obligations assumed by the client pursuant to art. 3 (Obligations of the Purchaser), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 5, have an essential nature, so that by express agreement, the breach by the Customer, of only one of these obligations will determine the termination of the right of the contract ex art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of SpeedFun – Phase B snc of Garbo Federico & C to act in court for compensation for further damages.

8) JURISDICTION AND JURISDICTION

Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated “on line” through the SpeedFun – Phase B snc of Garbo Federico & C website is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided for therein, with the provisions of the Consumer Code. For any dispute between the parties regarding the present contract the Court of Padua will be competent if the consumer is located in the territory of the Italian State; for all other customers it is agreed that any dispute will be the exclusive competence of the Court of Padua.

9) PRIVACY

Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of the present contract and the related necessary communications. These data are processed both with the aid of electronic tools and in paper form and are processed and consulted only by internal individuals specifically appointed with a written document. The information is not disclosed to third parties or disseminated. The interested party may exercise the rights referred to in Article 7 of Legislative Decree 196/2003, namely: to request confirmation of the existence of the personal data at the SpeedFun – Phase B snc office of Garbo Federico & C; to know their origin, the logic and the purposes of their treatment; to obtain updating, correction and integration; to request cancellation, transformation into anonymous form or blocking in case of unlawful processing; to oppose their processing for legitimate reasons or in the case of use of data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication. The obtainment of the cancellation of personal data is subject to sending a written communication, sent by fax or mail to the company headquarters. The data controller is SpeedFun – Phase B snc of Garbo Federico & C with registered office in Casalserugo, via Leonardo Da Vinci 13, represented by Mr. Garbo as the person in charge of the treatment.

Right of withdrawal

As indicated in the “Conditions of Sale” under “receipt” and then at point 6 (six) of these “Conditions of Sale” it is possible to request the return of the goods purchased by sending a specific form by fax or e-mail.

 

Paragraph 4: Forms

Any forms will be sent to the customer by SpeedFun – Phase B snc di Garbo Federico & C. based on the request made.