These General Conditions of Sale govern the sale of the items marketed by FABRIK SRL as part of a remote sales system through an e-commerce site. All product purchase contracts, concluded through the www.Focarinibikes.com website, following the procedures indicated therein will be governed by these General Conditions, which form an integral and substantial part thereof. Any changes to these General Conditions of Sale will be effective at the time they are published on the website and will only apply to sales concluded later. The reference legislation is the Legislative Decree 6/9/2005 No.206 (Consumer Code) which provides precise duties for the seller and the same number of specific rights for the customer.
The buyer, accepting these terms and conditions, also declares, under his own responsibility, to be of age.
All orders are subject to acceptance by FABRIK SRL, with registered office via Antonio Meucci 9, Fermignano [PU] and operational headquarters in via Antonio Meucci 9, Fermignano [PU] – VAT number: 02570340410. Purchase orders concluded on the www.Focarinibikes.com website must be completed in their entirety and must contain the elements necessary for the exact identification of the products ordered and the place of delivery. The response to this purchase proposal by FABRIK SRL, sent by e-mail to the address specified by the customer, is only confirmation of receipt of the proposed purchase. The proposed purchase is to only be considered accepted, and the sales contract with the Customer to be concluded, when we send an e-mail to the Customer containing the invoice or the time when the goods are sent.
The customer can purchase the products from the electronic catalogue on the website www.Focarinibikes.com and in the quantities available in stock. If an order should exceed the quantity that there is in the warehouse, the purchase will only be accepted for the products available or with the availability time-frame.
In this case, the customer will be informed and may withdraw the order, modify it or order a replacement product.
The customer must immediately inform FABRIK SRL in writing of any errors or omissions of any kind in the payment conditions and prices contained in the order acceptance document.
B) PRICES AND SHIPPING COSTS
The sales prices of the displayed products are indicated on the www.Focarinibikes.com website at the time of the proposed purchase and exclude Italian VAT.
Any customisation requested by the customer will be assessed by Fabrik SRL from time to time for price, timing and feasibility, and agreed with the customer by e-mail.
The shipping costs are charged to the customer and vary depending on the place of delivery and will be communicated at the time of acceptance of the order.
For deliveries outside of Italy, any additional costs due to taxes or duties provided for by the regulations in force in the State of destination will be charged to the customer.
C) INVOICING AND PAYMENTS
All prices displayed on the website exclude Italian VAT. An invoice will be issued for each purchase with an Italian VAT rate (if applicable) separated. In order to provide a regular invoice, it is necessary to indicate the personal data or the company name to which it will be sent on the order form (with VAT number and tax code).
Payment can be made with:
Bank transfer (If within 7 days of sending the order, the bank transfer or receipt is not received, the order will be cancelled automatically).
D) SHIPPING AND DELIVERY
Fabrik SRL will deliver the selected and ordered products to Customers, to the confirmed address specified on the order. If the recipient is absent at the time of delivery, the carrier will put the package(s) in own warehouse , then a new date with be established for delivery . The delivery will be carried out by the carriers at road level.
Upon delivery of the goods, it is recommended to check their correspondence and integrity. Any damage or missing packages must be reported immediately by stipulation on the transport document, giving contextual communication by e-mail.
Fabrik SRL cannot be considered responsible for the consequences caused by any delay in delivery or damage to the goods during transport by the courier. Fabrik SRL will only provide for the replacement of damaged parts if the package is damaged and the recipient accepts the package with a stipulation.
We recommend that you leave us a telephone number at which we can reach you for the sole purpose of possible contact by the courier in the event of delivery problems.
Fabrik SRL bikes are fully assembled and regulated by qualified technicians at our company. Some specific components are included unassembled in the box for safety reasons. Therefore, the consumer must assemble these parts as soon as they receive the bike. If necessary, our Customer Service department is available for assistance with the assembly of these parts.
Unless otherwise agreed with the Customer, we choose the shipping methods and the transport company, at our discretion, in compliance with the needs of the Customer and as indicated on our Web Shop.
E) RIGHT OF WITHDRAWAL
If the customer uses the right of withdrawal, as required by Legislative Decree. No. 206 of 6/9/2005 (Consumer Code) regarding one or more of the products purchased, they have the right to make them within 14 days from the date of receipt upon written communication to Fabrik SRL at: email@example.com
In this case, the customer shall be reimbursed the full value of the returned products, as long as they are returned in perfect condition, without any signs of use and complete with the original packaging. The shipping costs for returning the products are charged to the customer. The refund of the value of the return is made, after checking the integrity and conformity of the returned products, within 14 days of receipt of the goods.
The right of withdrawal is not applicable in the supply of goods made to measure or clearly customized on the specific request of the customer.
Fabrik SRL guarantees its products against manufacturing defects for a period of 24 months excluding
the battery which has a 12-month warranty period, which has full coverage for the first six months and the warranty covers 50% of the repair or replacement costs for the subsequent six-month period. The e-bike warranty starts from the date of activation that the customer must make on Fabrik SRL website within ten days of receipt of the vehicle, for other items starting from the date of receipt of the goods.
Fabrik SRL reserves the right to assess whether to repair or replace the defective part. In the event of replacing a defective component with a new one, the warranty of the latter will always end when the initial warranty expires. The warranty offered by Fabrik SRL does not cover components subject to wear and tear as a result of normal use and operation. The conventional warranty lapses in the event of:
non-activation of the warranty in the ways and according to the terms described;
loss or lack of purchase invoice;
failure to observe the maintenance and recommendations described in the “user manual” and in the “battery use and maintenance” manual;
improper or negligent use;
repair or disassembly without Fabrik SRL prior authorization;
assembly of non-original spare parts and accessories;
Furthermore, it does not cover damage and breakdowns resulting from accidents, overloads, and is not applicable to vehicles used in any kind of sporting competitions;
The warranty is international and, if the machine is sold, it is transferred to the new owner. The conventional warranty covers labour costs and transportation costs.
It should be noted that the aforementioned general terms and conditions of the contractual warranty offered by Fabrik SRL are without prejudice to the mandatory rights granted to the natural person, defined as “consumer”, by the European Directive 1999/44/EC. The conventional warranty offered by Fabrik SRL is added and does not replace the warranty provided for by this directive.
G) APPLICABLE LAW
The contracts stipulated online by the customer on the www.focarinibikes.com website are governed by Italian law. Although not expressly provided for herein, the applicable laws are applicable to the relationships and circumstances provided for in the contract stipulated online by the customer with Fabrik SRL. All the clauses that form part of the GENERAL SALE CONDITIONS must be explicitly accepted by the customer, otherwise it will be impossible to complete the order. To this end, they are re-proposed at the end of the order and are subject to the activation of an acceptance check by the customer.