Terms of Use and General Conditions of Sale
This document regulates the use of the website www.fusina-racing.com and the purchase of products carried out remotely via the Internet. Before sending the order, the Customer is required to carefully read these General Conditions, made available to him on the same website to allow them to be read, memorized and archived.
Section I: Terms of use of the platform
Art. 1. Definitions
1. Unless otherwise provided, the following terms and expressions will have the following meanings:
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“SPEED srl”: SPEED srl, represented by the legal representative pro tempore, domiciled for the purpose in Via Mombarcaro, 10 10036- Turin (TO), Italy. PEC: speedsnc141220@pec.it@pec.it, Share Capital: €15,000, REA Number: TO - 1289605, Tax Code/VAT Number: 12418400011;
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“User” or “Customer”: the natural person of age and/or the legal person who registers on the web platform and/or concludes the Contract with SPEED srl. for the purchase of the Products and who declares to have full capacity to act and stipulate the Contract in compliance with these General Conditions, whose personal data are indicated in the Order Confirmation. SPEED srl. cannot under any circumstances be required to verify these requirements for Users;
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“Consumer”: any natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out;
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“Supplier”: the supplier of the Products and/or Materials and/or services offered for sale through the Platform and which can be purchased by Users and who provides the contents relating to the Products published on the website;
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“Product”: each product made available and offered for sale by SPEED srl via the e-commerce platform (the website in question), including, in particular, steering wheels for cars and simulators and related accessories, seats for historic and modern cars , other accessories for cars such as, by way of example and not limited to, seat belt covers, object holders for clothing items such as, by way of example and not limited to, T-Shirts, sweatshirts, sweaters, trousers, hats.
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“Parts”: SPEED srl. S.r.l.s and the User;
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“Website” or “Platform” or “E-Commerce Site” or “Online Shop” or “Online Shop”: the service provided through the website www-fusina-racing.com owned by SPEED srl, whose functions and characteristics may be subject to change at any time, even without notice;
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“Purchase Confirmation”: document sent by SPEED srl to the User via email which proves acceptance of the order and correct conclusion of the Product purchase procedure via the Platform;
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“General Conditions” or “Contract”: consists of these General Conditions, the Privacy Policy and the Purchase Confirmation, which collectively regulate the relationship between SPEED srl and the Users for the purchase of the Products and apply to all orders sent by the SPEED srl Customer via the Platform.
Art. 2. Pre-contractual information
1. The User undertakes to always carefully read the information documentation published before using the Platform and purchasing the Products and is invited to always verify the information and data communicated and to ensure that what is sent and/or communicated to SPEED srl complies with the Contract.
2. When registering on the Platform or purchasing Products via the Platform, the User is required to:
i) read and accept these General Conditions; (ii) read the Privacy Policy reported on the Platform. The aforementioned documentation may be saved by the User on an adequate durable medium and/or printed on paper.
3. The General Conditions will also be applicable to new Products that may be made available in the future via the Platform, unless otherwise provided and communicated at the time of the first supply of the new Product.
Art. 3. Rules for using the Platform
1. The User can access and navigate the Platform to view the Products on sale, and can register their personal account to purchase the Products through it. The User accepts and acknowledges that these functions cannot be used for illicit purposes or in violation of current legislation, including the blog, comments and reviews section. Therefore, by way of example and without limitation, the User: a) is prohibited from using the Platform to promote any type of initiative unrelated to the viewing and purchase of the purchased Products, such as protests, organization of petitions, creation of new sites or forums , etc.; b) it is forbidden to insert content that could be considered defamatory, abusive, obscene, offensive to the religious spirit, harmful to people's privacy, or otherwise illicit, in compliance with Italian law and international laws; c) it is forbidden to insert contents that are or could be considered as: (i) offensive to institutions or religion of any faith. Sarcastic, mocking, sacrilegious and denigrating comments must be avoided; (ii) expression of racism and apology for the inferiority or superiority of one race, people or culture compared to others; (iii) incitement to violence and the commission of crimes; (iv) pornographic material and links to sites prohibited for minors under 18 years of age; (v) forms of political, party or faction propaganda or containing ideas or statements clearly referring to political ideologies; (vi) contrary to mandatory rules relating to public order and morality; (vii) considered, in general, as “spam”; d) it is forbidden to report material taken from official information sites, newspapers, magazines.
2. Violation of the preceding provisions entails the non-approval or removal of the contents sent and/or published through the Platform, except for any more serious provision, constituting, by express will of the Parties, breach of contract.
Art. 4. Use License
1. SPEED srl grants the User a limited, non-exclusive, non-sublicensable and non-transferable license to use the Platform for the purchase of Products, in compliance with these General Conditions. However, it is prohibited to disassemble, copy and/or reproduce the site in whole or in part and any content thereof owned by SPEED srl or used by it to provide this service. In any case, SPEED srl remains the owner of all and broader rights on the Platform and on the services available through the Platform.
2. All techniques, algorithms and procedures contained in the Platform are confidential information owned by SPEED srl or its licensors, suppliers and assignees, and cannot be used by the User for purposes other than those indicated in these General Conditions, on its website.
3. In particular, the license thus granted does not include any right of resale or commercial use of the Platform and/or its contents and attributes to the User exclusively the rights of use expressly conferred to the same pursuant to these General Conditions.
Art. 5. Registration
1. The User can register for free in the reserved area of the Platform and create their own personal account by filling out the appropriate form, indicating an email address to log in and a "password" and also providing the necessary information requested in the form.
2. If the User forgets or loses the access password, he or she can recover it directly from the Platform, following the procedure indicated therein; the User will receive instructions for setting the new password on the email address he entered during registration.
3. The User may request cancellation of the account at any time by sending a specific request via e-mail to SPEED srl. to info@fusina-racing.com, with indication of the request in the subject of the communication. Deletion of the account will not be possible as long as there are orders that have not yet been completely processed; in the event of a request received during this period, SPEED srl will cancel the account when the purchase procedure is completely concluded.
4. The User is responsible for the truthfulness of the information and personal data provided upon registration and during the purchase phase. The User must immediately inform SPEED srl of any change in the information and personal data provided upon registration or directly, where possible, update them via their personal page on the Platform, so that such information and personal data are constantly current, accurate, complete and truthful. In the event that they are provided, or SPEED srl has a well-founded suspicion that false, inaccurate or incomplete information or personal data have been provided, SPEED srl will have the right to prevent the use of the Platform by the User and/or remove the User's personal account, or more simply to request explanations from the User in good faith.
Art. 6. Security
1. The User is solely responsible for the conservation and appropriate use of the username and password used to register on the Platform and to access his/her personal account and must take all necessary measures to ensure that the same are used properly and are kept secret and not disclosed to unauthorized persons. The User is responsible for all activities carried out through his/her account and is liable for damages resulting from the improper use of his/her access data to the Platform by third parties, undertaking as of now to indemnify and hold SPEED srl harmless from any request, including for compensation for damages, proposed and/or determined, directly or indirectly, by the aforementioned use or abuse by anyone.
2. The User must immediately inform SPEED srl if there are reasons to believe that the e-mail address or password are, or are likely to have been, known by a person not authorized to use them and/or used in an unauthorized way .
3. SPEED srl reserves the right to suspend the User's credentials for accessing their account, if it believes that there is or is likely to be a security problem or unauthorized use of the same.
Art. 7. Suspension of services
1. In addition to what is expressly provided for in these General Conditions, SPEED srl reserves the right to suspend the provision of the sales and purchase services provided through the Platform due to security problems and/or necessary maintenance interventions, subject to prior communication given without formalities to the 'User (via e-mail or by notice published on the Platform), without this constituting non-compliance, undertaking, however, to contain the aforementioned suspension in the shortest possible period of time to allow the resolution of the problems encountered and/or the carrying out the necessary maintenance interventions.
2. SPEED srl reserves the right to modify or deactivate access to the available services, with or without prior communication to Users, by way of example and not limited to, if (i) it is requested by the competent Authorities, (ii) changes are introduced of the current legislation that affects the Services provided, (iii) technological innovations are introduced that make changes to the provision of the Services necessary, as well as (iv) irregularities occur relating to the information and/or documents communicated by the Users, in violation of these Conditions general.
Art. 8. Exemption from liability for contents inserted by the User
Except as provided in these General Conditions, SPEED srl has no obligation to monitor any content published by Users, as required by Legislative Decree no. 70/2003. SPEED srl reserves the right to remove any content generated by the User if it becomes aware or otherwise becomes aware of the pursuit of an illicit purpose and/or the violation of one or more prohibitions indicated in the preceding articles, and/or an express request to this effect is made by a judicial or administrative body and/or by a third party who considers himself harmed by the contents published by the User. In such cases, SPEED srl will communicate the aforementioned measures to the User in any way and will have the right to suspend or cancel the User's account even without notice, without prejudice to any other action of recourse against the person responsible for the violations.
Section II: Contract Conditions
Art. 9. Object of the Contract
1. These General Conditions govern the purchase by the Customer of Products made available within a dedicated virtual space via an electronic catalog published by SPEED srl on the Platform. The catalog is constantly updated and the availability of each Product may vary without notice.
2. SPEED srl reserves the right to also make the purchase of Products available as a "guest" User without the need to previously create a personal account. Where present, this option will remain available to the User even if he has already created an account, but proceeds to purchase Products without first logging in.
3. Access to the personal area and/or the possibility of making purchases by the User presupposes the availability of suitable hardware and software devices. The lack of the aforementioned requirements or other elements beyond the control of SPEED srl may determine the impossibility of purchasing the Products via the Platform, without any liability and/or default being attributed to SPEED srl.
Art. 10. Description of the service
1. SPEED srl provides Users with an electronic commerce platform for the purchase and sale of Products via the Platform.
2. The photographic material and product descriptions are created in such a way as to best describe the product and/or services on sale on the Platform; any reports in this regard can be forwarded to info@fusina-racing.com
3. The Products and/or Services can be placed in the cart with the quantities, sizes, colors and optional details preferred by the User, compatibly with the presence of the same in stock.
4. The Products will be packaged in the smallest number of packages possible and shipped as soon as possible, approximately and in the absence of causes of force majeure, within 5 working days of the order. In the event of longer order processing times, SPEED srl will notify the customer via email and, if the customer's telephone number has been saved on the Platform, via telephone. SPEED srl relieves itself of the responsibility for reading or correct functioning of the Customer's e-mail box, which is solely responsible for correctly receiving communications including cases in which the emails from the Platform end up in the "Spam" folder of the mail received from the Customer. User
5. The Products are shipped via Express Courier and delivery times in ideal conditions vary from approximately 1 to 3 working days in Italy, from 2 to 5 working days in Europe and from 5 to 30 working days in the rest of the world. SPEED srl is not responsible for causes of force majeure such as war conflicts, strikes, demonstrations, environmental disasters and others that contribute to extending times beyond expected.
Art. 11. Description and representation of the Products
The visual representation of the Products on the Platform normally corresponds to the photographic image of the products themselves and/or their packaging. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
Art. 12. Availability of Products
1. The Customer can only purchase the Products present in the catalog published on the Platform and in the quantities indicated therein. The prices and availability of the Products, as reported on the Platform, are subject to change at any time and without notice.
2. The Products available for shipping are highlighted on the Platform. The Customer acknowledges that, due to the possible simultaneous access by multiple users and the time between loading the IT resource and adding it to the cart, the actual availability of the individual Products could vary significantly during the same day compared to the indications reported on the Platform. When the order proposal is sent by the Customer, the Platform's IT system verifies the actual availability of the Products purchased and warns him of the possible unavailability of one or more Products before the Customer makes the payment.
3. SPEED srl undertakes to fulfill its obligations in a short time and in any case in the ways and within the terms set out in these General Conditions; if the delivery times of the ordered Product are delayed compared to those indicated on the Platform before the order, SPEED srl undertakes to promptly notify the Customer via an email to the address indicated by the Customer during the purchase of the Products . If it is not possible, for any reason, to proceed with the delivery of the purchased Products, SPEED srl reserves the right to communicate to the Customer the cancellation of the order.
4. The Customer acknowledges and accepts that sometimes one or more Products purchased may be finished even following receipt of the Order Confirmation and payment by the Customer; in this case, the order will be canceled with reference to the unavailable Products and the related cost will be refunded by SPEED srl using the same payment method used by the User, as soon as possible.
Art. 13. Conclusion of the Contract via the Platform
1. Through the Platform, the User can purchase the Products offered for sale by SPEED srl. The Products are listed and described in the relevant information sheet made available through the Platform, together with the costs, delivery costs and payment methods .
2. Each order sent by the User implies acceptance of these General Conditions and the Privacy Policy, which can always be viewed, saved and printed before payment, and constitutes an offer to purchase the Products. Orders are subject to the express acceptance of SPEED srl, after verification of the data entered by the User, has the right to accept or not, at its own discretion, the purchase proposal received, without the User being able to make claims or rights of arising, for any reason, in the event of non-acceptance of the proposal itself.
3. The purchase is considered correctly concluded with the receipt of payment by SPEED srl.
4. SPEED srl reserves the right to cancel and refund order requests for products whose price has been entered incorrectly on the Platform, this includes a possible error on shipping costs. In this case, SPEED srl will contact the user via email and/or telephone (if registered by the User on the Platform) to communicate the cancellation of the order, which is at the sole discretion of SPEED srl.
Art. 14. Prices and delivery costs
1. The Customer will pay SPEED srl the price displayed on the order summary page (check-out). All prices of the Products are indicated on the Platform and are inclusive of VAT only. In the event that a Product is discounted, the discount percentage, the original or ordinary price and the final price are indicated. If different prices are shown for a Product in different sections of the Platform, the price of the Product must be understood as the one visible on the detail page of the Product itself.
2. The cost of delivery and management of the service is not included in the price of the Products unless expressly indicated. The cost for each delivery method is clearly indicated during the order completion procedure. The amount of delivery costs may vary depending on the destination indicated by the Customer and is indicated on the order summary page shown to the Customer before sending the order itself.
3. To issue the tax invoice it is necessary to send a request indicating all the Customer's personal and tax information and refer to the correct order number. The email must be sent from the same mailbox that placed the order.
Art. 15. Payments
1. Payment by the User is a necessary condition for the delivery of the Products, therefore it must be made prior to the execution of the relevant service by SPEED srl. The User is required to select, when sending the order via the Platform, the chosen payment method among those made available on the Platform.
Art. 16. Payment through third party payment circuits
1. Payment may be made by the User directly online using the services offered by the payment channels (including, by way of example only, MasterCard, VISA and Maestro credit cards, Paypal, Bank Transfer) made available on the Platform, to to which terms and conditions of use are expressly referred to. The relevant information provided by the User will be transmitted and managed by the respective suppliers of these payment instruments ("Intermediaries"), via a secure connection directly to the website of the Intermediary managing the transaction. To protect the User's security, no data relating to the credit card is transcribed on the documents relating to the Purchase Confirmation and/or stored on the Platform and/or by SPEED srl, to which only the outcome of the relevant transaction is communicated .
2. Each payment confirmation will be delivered in electronic format via e-mail to the address associated with the User's account directly by the Intermediary.
Art. 17. Vouchers and discount vouchers
1. Where made available by SPEED srl, the User is required, before using and redeeming a discount voucher on the Platform, to always check the specific terms of use and validity, as communicated with reference to each SPEED srl voucher (for example , minimum purchase value, expiration of the voucher, Product categories for which it can be applied).
2. Unless otherwise indicated by SPEED srl, only one discount voucher can be used for each order. The relevant codes must be entered by the User in the Platform or section provided on the order check-out page, following the instructions on the Platform or on the voucher itself. It is in no way possible to take advantage of the discount after the order has been completed and the relative value cannot be refunded.
3. It always remains understood that vouchers or discount coupons are never marketable, nor convertible into money.
Art. 18. Purchase confirmation
In the event of a correctly executed payment, SPEED srl will send the User an e-mail containing confirmation of payment received and an indication of the Products purchased. The Products will be shipped to the User only in the event of actual receipt of the expected sums by SPEED srl. The user acknowledges and accepts that in the case of payment by bank transfer, SPEED srl may take a few days to receive and have confirmation of payment for reasons related to the management of payments by banking institutions and not dependent on his will .
Art. 19. Invoicing documents
1. For each Purchase Contract completed through the Platform, SPEED srl will issue an invoice or receipt relating to the Products purchased by the Customer. The invoice/receipt will be sent via email to the Customer and/or in the manner required by current legislation on electronic invoicing.
2. The information provided by the Customer at the time of the order will be used for the possible issuing of the invoice. The Customer assumes all responsibility for the correctness of the aforementioned information. No changes to the invoice will be possible after it has been issued.
Art. 20. Shipping and delivery times of the Products
1. SPEED srl will normally process the order, on weekdays, by the following working day, except weekends and holidays. By processing the order, SPEED srl entrusts the Products to the trusted courier or forwarder for sending to the address indicated by the Customer, summarized in the Order Confirmation. National deliveries take place via land transport, for the Products available at SPEED srl's warehouses, approximately within 1 - 5 working days following the processing of the order by SPEED srl (excluding weekends and holidays). For international shipments, under normal conditions, we expect delivery times from the courier of between 5 and 30 working days, depending on the destination of the packages ordered.
2. In the event that a problem occurs with the courier during transport and the package does not arrive at its destination within the indicative deadline referred to in paragraph 1, the Customer can promptly report it to SPEED srl, which will attempt to resolve the issue within a reasonable period of time. SPEED srl invites the Customer not to contact it before the aforementioned indicative deadline has passed, as they would not have the necessary data to be able to profitably take action with the appointed courier.
3. The processing and delivery terms referred to in paragraph 1 are only indicative and not guaranteed, by virtue of the many variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current legislation, SPEED srl. undertakes to deliver the Products to the Customer within thirty days from the date of conclusion of the Contract. No responsibility, for any reason, can be charged by the Customer to SPEED srl if the Products are not delivered according to the indicative deadline referred to in paragraph 1.
4. Delivery times refer to the Products available at the time of the purchase order. No responsibility can be attributed to SPEED srl for delays in the delivery of the goods due to fortuitous circumstances or force majeure, as well as in the event of strikes, atmospheric events, special holidays, measures taken by public authorities, including international ones, warehouse inventories, transfers of headquarters, modifications to information systems and other extraordinary events; they are likely to cause orders to take longer than the indicative ones, even in the order of several days.
Art. 21. Delivery of the Products
1. All deliveries of the Products will be at the risk of SPEED srl until the moment in which the Customer or a third party designated by him physically enters into their possession. SPEED srl carries out deliveries on Italian territory and in the foreign countries expressly indicated in the Platform, except for limitations beyond its control. Deliveries of Products outside these territories are not guaranteed, but for further information you can contact assistance using the methods indicated in the art. 34 of these General Conditions, by contacting us via email or via the “Contact us” form.
2. In order to deliver the ordered Products, the presence of the Customer or his representative is necessary in the place indicated by the Customer, who will therefore accept the package on his behalf. Courier delivery times are usually between 8.30am and 8pm. In case of absence of the Customer (or his representative), the courier will leave a notice with the information relating to the second delivery attempt and/or the collection of the package in storage by the Customer.
Art. 22. Verification operations upon delivery of the Products
1. Upon delivery of the Products by the forwarder appointed by SPEED srl, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact , not damaged or otherwise altered, even in the closing materials, checking with particular care the possible presence of signs indicating breakage of the goods sent.
2. Under penalty of forfeiture, any damage to the packaging and/or products and/or the mismatch in the number of packages and/or indications must be immediately reported by the Customer, who must declare, in writing, to the person in charge of delivery of the Products, that they are accepted "subject to inspection" or by reporting that they are "damaged": otherwise, no complaint can be accepted. The Customer also undertakes to promptly report, and in any case no later than 48 hours from the date of delivery, to SPEED srl (by e-mail or registered letter with acknowledgment of receipt to the address referred to in art. 1 of these General Conditions) any and all problems relating to the integrity, correspondence and/or completeness of the Products received, under penalty of forfeiture. However, the Customer has the right to report his complaint to the courier responsible for delivering the Products, to which terms and conditions are expressly referred.
Art. 23. Force majeure and third party events
1. SPEED srl is not liable for cases of force majeure, unavailability of means of transport, third party actions, unforeseeable or unavoidable events which cause a delay in deliveries and/or in the supply of the Products purchased by the Customer and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery.
2. In the cases referred to in the previous paragraph, SPEED srl has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Contract, canceling the order. In such cases, SPEED srl undertakes to provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer, who has, in this case, the right to a refund of any price already paid, excluding any further claim, to any title, towards SPEED srl. In this sense, the Customer explicitly renounces any claim, even by way of mere reimbursement and/or compensation, against SPEED srl.
Art. 24. Feedback
Following the correct conclusion of the purchase and sale relationship, Users may be invited, via e-mail, to issue an evaluation relating to the Product purchased and the professionalism of the Supplier.
Section III: Common Provisions
Art. 25. Guarantee
SPEED srl guarantees compliance with current national and European legislation regarding the packaging, wrapping and shipping of clothing and car accessories, which includes a 2-year warranty to cover manufacturing defects. In case of defects of conformity, the Customer must immediately contact SPEED srl at the contact details indicated in the art. 34, which follows specifically indicating the defects found and documenting them with relative photographic material within 26 months of receipt of the goods, divided into 24 months for the identification of the defect and 2 months for the communication of the same. SPEED srl will be required, at its discretion, to repair or replace the item if it is verified that the defect is not caused by incompetence on the part of the Customer or damage, given that in these cases the legal protection of the Guarantee does not apply . In the case of products returned to the Customer within the warranty terms, the warranty of the replacement products will start on natural expiry based on the first purchase (24 months). While the products returned under warranty and returned to the Customer by SPEED srl after the natural expiration of the original warranty, will be covered by the new legal protection of a 24-month warranty.
Art. 26. Exclusion of the right of withdrawal
Users have the right to return the products for change of mind or withdrawal within 14 days from the delivery date without providing any reason to SPEED srl, which will compensate the customer within 14 days from the notice of withdrawal, subject to confirmation of return by the Customer. SPEED srl, if the above conditions occur, will reimburse the Customer for the costs incurred by it for the Order that the Customer intends to return, including standard delivery costs, for which any "Premium" shipping services will not be refunded . Shipping costs from the Customer to SPEED srl are borne by the Customer, free returns will not be made in this sense. SPEED srl will issue a refund of all costs upon receipt of the goods, within 14 days of receiving the return and reserves the right not to issue the return if the products, accessories or packaging are damaged. In this case the Customer may decide to receive the same goods again, bearing the shipping costs.
Art. 27. Limitation of liability
1. SPEED srl declines all responsibility for cases of delays, malfunctions and interruptions in access to the Platform and in the provision of the related services which are caused by force majeure, tampering, interventions or incorrect use of the same carried out by the User or third parties not authorized by SPEED srl and also assumes no responsibility for damages, claims or losses, direct or indirect, arising to the User due to disservices or malfunctions connected to the use of the telephone network and/or the Internet, which prevent, in any way, the correct usability of the Platform, as these impediments are beyond the control of SPEED srl.
2. In the event that the User purchases the Products for commercial, business or resale purposes, SPEED srl cannot be held responsible in any way for any loss of profit or business, interruption of business or loss of commercial opportunities to the extent permitted by applicable law.
3. In any case, SPEED srl is only liable for damages or breaches resulting from willful misconduct or gross negligence; no liability can be assumed on the part of the same for slight negligence.
4. The User assumes all possible responsibility regarding the correctness, truthfulness, completeness, ownership and legitimacy relating to any good and/or service and/or material and/or information and/or document transmitted and/or communicated through the Platform to SPEED srl for its use and, in relation to them, undertakes to indemnify and hold SPEED srl harmless from any claim and/or action, expense, damage and/or burden, even if advanced by third parties.
Art. 28. Causes of termination
The Contract may be terminated by SPEED srl due to the supervening impossibility of performance if the latter is not attributable to SPEED srl itself, is total and continues for a period of time exceeding 5 (five) days or in the event that SPEED srl find anomalies in the information and data communicated by the User such as not to allow it to fulfill its service, as well as in the event of serious non-compliance and/or serious violation by the User of the clauses of these General Conditions and/or of any of the obligations on the User arising from this Contract, without prejudice to any greater damage suffered.
Art. 29. Assignment of the Contract
The User may not under any circumstances transfer this Contract or the rights and/or obligations deriving from it to third parties.
Art. 30. Intellectual property rights
All trademarks, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions regarding intellectual property and industrial property reproduced on the Platform remain the exclusive property of SPEED srl and/or its licensors, without the User having any rights over them from access to the Platform and/or from the purchase of the Products. Any use, total and/or partial, of the trademarks and intellectual works referred to in the previous point is prohibited without the prior written authorization of SPEED srl, in favor of which, exclusively and in principle, they are reserved. In particular, the FUSINA ® brand and its logo are registered trademarks and subject to copyright at an international level
Art. 31. Processing of personal data
1. SPEED srl undertakes to comply with current national and European legislation regarding the protection of personal data. The information on the processing of personal data is made available at this link www.FUSINA-com/privacy-policy and can be viewed and stored at any time before the conclusion of the Contract.
2. SPEED srl undertakes to operate with diligence and professionalism to guarantee the security of Users' personal data. To this end, privacy policy informs the User that the data stored through the Platform may be subject to periodic back-ups (where applicable). The aforementioned back-ups will be used exclusively for disaster recovery purposes at Platform level and it will not be possible to access portions of them.
Art. 32. Electronic operating register
The User acknowledges and accepts that the use of the Platform requires the existence and constant updating of an Electronic Operation Log (so-called "Log"), which has an absolute confidentiality nature; its contents may be shown exclusively upon order or request of the competent authorities.
Art. 33. Hypertext links to external sites
The User acknowledges that SPEED srl does not exercise any control over the sites external to the Platform (for example, sites relating to social networks) towards which it could be directed through any links present on the Platform, and that, therefore, SPEED srl will not be able in no case be held responsible for the contents present on such sites and/or their failure to function.
Art. 34. Complaints and assistance
1. SPEED srl provides the User with a telephone assistance service available from Monday to Friday from 10.00 to 13.00 and from 15.00 to 18.00, except for any company closures notified in advance, also via the Platform, which can be contacted at the number: (+39) 0124 502415, through which the User can request assistance for the use of the Platform and for the purchase of the Products, as well as submit any complaints. To request assistance, the User can also use the contact form on the Platform accessible at the following link www.fusina-racing.com/contatti
2. For any anomalies found on the Products, the User may contact support at the addresses indicated above, specifying the defects found and presenting the relevant photographic documentation.
Art. 35. Contractual modifications
1. SPEED srl may modify, at any time and without notice, the content of these General Conditions and any changes made will take effect from the date of publication on the Platform, as declared in the heading of the General Conditions themselves.
2. In the event of modifications, unless otherwise provided by SPEED srl, the General Conditions in force at the time of stipulation of the Contract remain unaffected for Contracts already concluded.
Art. 36. Applicable law, alternative dispute resolution and competent court
1. The relationships arising from the Contract are governed by Italian law. For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Turin (TO) will have exclusive jurisdiction.
2. SPEED srl informs the Consumer User, pursuant to art. 141-sexies, third paragraph, Consumer Code, that if it is not possible to resolve a dispute between the same and SPEED srl following a complaint presented directly by the User, SPEED srl will inform him about the Alternative Dispute Resolution bodies ( ADR) competent to resolve such disputes out of court, specifying whether or not it intends to make use of the aforementioned bodies to resolve the dispute itself.
3. SPEED srl informs the Consumer User that, pursuant to Regulation (EU) no. 524/2013, a European ODR platform was established (so-called ODR platform), to facilitate the out-of-court resolution of disputes arising between consumers and professionals, concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the European Union. This ODR platform, which the User can use to resolve any disputes arising with SPEED srl, can be consulted via the internet address http://ec.europa.eu/consumers/odr/.
4. Regardless of the outcome of the out-of-court settlement procedure of any dispute established, the right of the Consumer User to appeal to the Judicial Authority of his place of residence or domicile remains in any case.
5. Disputes with Users residing outside Italian territory fall under the jurisdiction of the Court of Turin (TO), as the judge of the place where the Contract is executed.
By purchasing on this website, I accept the General Contract Conditions
Approval pursuant to articles. 1341 and 1342 c.c.: 3. Rules for using the Platform, 5. Registration, 6. Security, 7. Suspension of services, 8. Exemption from liability for content inserted by the User on the Platform, 10. Description of the service, 11. Description and representation of the Products , 16. Payment through third-party payment circuits, 20. Shipping and delivery times of the Products, 22. Verification operations upon delivery of the Products, 23. Force majeure and third-party events, 25. Warranty, 27. Limitation of liability, 28. Causes for termination, 29. Assignment of the Contract, 33. Hyperlinks to external sites, 35. Contractual modifications, 36. Applicable law, alternative dispute resolution and competent court.