Art. 1 – Scope of application

1.1
These General Conditions of Sale govern the sales contracts of products (hereinafter referred to as “Products”) of the selling company FPS Italia di Palella Salvatore. (hereinafter referred to as FPS Italia or Seller) to the client company (hereinafter referred to as Client).

1.2
Exceptions or modifications to these General Conditions of Sale will be valid only if specifically agreed in writing between FPS Italia and the Customer.

Art. 2 – Methods of concluding individual contracts

2.1
The Customer sends the Seller orders for the requested products in written form, by e-mail or fax, verbally by telephone or through the FPS Italia e-commerce website made available to the Customer. The orders must contain the indications of the products, the relative prices, the payment conditions, the shipping and/or delivery methods and times, with specific indication in the case of using its own carrier, or one indicated by the Seller. For the purposes of drawing up the order, the Customer can retrieve the descriptions of the products offered for sale by FPS Italia, as well as the relative identification codes and current prices, on the price list available on the FPS Italia website. The shipping methods and payment conditions requested by the Customer must belong to the category of those specifically provided for in these General Conditions of Sale. For these purposes, all illustrative images and text descriptions published on the FPS Italia website must be considered indicative and cannot give rise to complaints or claims in the event of non-substantial differences; equally indicative must be considered the sales prices and the delivery methods and terms, which may be subject to verification and modification at the time of Order Confirmation.

2.2
Sending the order does not constitute any source of obligation for FPS Italia, which has the unquestionable right not to accept it, and the contract is perfected only when the written acceptance of the Seller reaches the Customer with the document called "Order Confirmation".

Art. 3 – Prices

3.1
The prices applicable to each sale are those indicated in the relevant order, as accepted by FPS Italia pursuant to the previous art. 2.2 and are updated with the price list in force at the time the order is processed. Prices are inclusive of VAT and shipping.

Art. 4 – Delivery and shipping

4.1
Delivery, unless specifically requested in the order, takes place following shipment by the carrier appointed by FPS Italia, with the Customer being charged for transport and insurance costs ('free carriage with charge' method).

4.2
Delivery terms run from the date of acceptance and are to be considered indicative only.

4.3
In all cases of force majeure, strikes, epidemics, wars, fires, floods, interruptions or delays in transport, objective impossibility of supplying materials on the market, legal measures that prevent, limit or delay the production and/or importation of the Products or components thereof, FPS Italia has the right to vary the delivery terms, without this entailing for the Customer any right to cancel the order and/or compensation for damages, even indirect.

4.4
The delivery terms contained in each order may be subject to extensions for periods not exceeding 45 (forty-five) days without the Customer being able to raise any objections in this regard, it being understood however that if such term has elapsed without result, the Customer will have the right to withdraw from the order by written communication to FPS Italia without the right to any compensation for damages and/or indemnity.

4.5
No liability may be ascribed to FPS Italia, which will not be liable under any title whatsoever, in the event of delays in delivery, or defects and/or damage to the Products which occur after their delivery to the Carrier, whether the latter has been directly appointed by the Customer or has been identified by FPS Italia itself.

Article 5 - Complaints

5.1
Upon receipt of the Products, the Customer must immediately verify their condition, the quantity received and the technical conformity with what was ordered.

5.2
All complaints relating to the conformity of the products to the order, also in relation to their quantity and/or external appearance must be, under penalty of forfeiture, formulated in writing and communicated, also by fax or e-mail via certified mail, to the registered office of FPS Italia within and no later than 8 (eight) days of receipt. It is expressly understood that, otherwise, such complaints cannot be taken into consideration in any way, not even in relation to any shortages, the results of the transport document or the immediate invoice being valid between the parties. Any hidden defects and/or faults of the products must be reported in writing, under penalty of forfeiture, within and no later than 8 (eight) days of discovery.

5.3
It is not possible to cancel an order of FPS Italia accessories that states “in progress”, as these are handcrafted products and it is not possible to interrupt this process.

5.4
All images are for illustrative purposes only. Products may be subject to change.

5.5
Our products are handcrafted with great care and passion.
However, due to their handmade nature, they may have small aesthetic defects or imperfections.
These characteristics are not to be considered defects, but rather distinctive signs of the uniqueness and authenticity of each piece.
We appreciate your understanding and hope you can appreciate the intrinsic beauty of our handmade products.

Art. 6 – Warranty

6.1
FPS Italia, with regard to the marketing of Products of other companies, applies the warranty conditions decided by the Manufacturer (see warranty conditions on the manufacturer's website); with regard to FPS Italia branded Products, the warranty is valid for 2 years.
The warranty period starts from the date indicated on the invoice.
In any case, for the validity of the guarantee, it is necessary that the guarantee certificate delivered to the Customer by the Seller together with the Products be completed and returned to the Seller within 10 days of the date of purchase (proven by the stamp and signature of the retailer).

6.2
For FPS Italia branded products, during the warranty period the Authorized Technical Assistance Center will repair any defect found on the components and/or on its standard components at its laboratories.
The replacement and/or repair of defective parts is subject to the unquestionable judgment of FPS Italia.
For products distributed under other brands, without prejudice to the exclusive application of the warranty conditions and terms established by the original Manufacturer, no costs will be charged for labor or for any replaced components.
In any case, all costs and risks related to the transport of the Products are borne by the Customer.

6.3
Any liability for damages by the Seller, even as manufacturer of the Products, not provided for by mandatory laws is excluded.

Art. 7 – Conditions for the application of the guarantee

7.1
The warranty services, as indicated in the previous art. 6, will be carried out only if the Customer has reported any defects or faults in the Products, as established in the previous article 5.2., within 8 (eight) days of discovery.

7.2
The Customer loses the right to the guarantee even if:
a) the products have not been paid for within the agreed terms;
b) the instructions provided by the Seller regarding the validity of the guarantee and the use, installation and maintenance of the Products have not been observed;
c) damages have been caused and/or modifications and/or alterations have been made (e.g. damage and/or alteration of the structure and/or supports, damage and/or modifications of the electrical parts, disassembly of the component itself and/or of the electronic control units, etc.)
d) the product is shipped in packaging other than the original

Art. 8 – Payment conditions – Retention of title

8.1
Payments must be made via bank transfer, Paypal or Credit Card to the current account in the name of FPS Italia immediately on the date of the invoice, which is delivered to the Customer via email or together with the Products, unless otherwise specifically agreed in the order confirmation (for example payment on delivery).
FPS Italia reserves the right to change the payment method according to the commercial conditions agreed between the parties.

8.2
Failure by the Customer to collect the Products does not entail the deferral or suspension of payment terms.

8.3
Ownership of the Products is transferred to the Customer upon full payment of the price, without prejudice to the transfer of risks pursuant to art. 4.

Art. 9 – Right of Withdrawal

9.1
The consumer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason.
Simply send an email within 15 working days of receiving the product.
The right of withdrawal is regulated pursuant to art. 64 et seq. of Legislative Decree 206/2005 (Consumer Code).

9.2
In accordance with art. 59 of the Consumer Code, it is not possible to exercise the right of withdrawal for personalized or commissioned goods, or products that, by their nature, cannot be resold to third parties without substantial modification.
If you do not have the original packaging, you will not be able to take advantage of the right of withdrawal, as the product must be returned to the office in the same package and packaging in which it was shipped.

9.2.1
The keypad Racing Hub – Elite ButtonBox It is considered a customized good, as it is assembled at the request of the buyer, taking into account his configuration preferences.
Therefore, once assembly is completed, the product cannot be returned via the right of withdrawal.

9.3
In case the customer wishes to return the purchased goods, he can do so by sending an email to info@fpsitalia.it. 
Alternatively, the customer, if he deems it appropriate, can operate in the ways provided by law, sending a registered letter with acknowledgement of receipt to the address indicated on the invoice attached to the goods, specifying all the data of the sale.
Upon receipt of the withdrawal request, an authorization email will be sent to the customer.
All purchased goods must be returned to the sender-supplier within 15 working days (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to place it in a second box. In all cases, the application of labels or adhesive tape directly on the original product packaging should be avoided.
That is, you must do everything possible to ensure that the returned product is intact in all its parts, including the packaging.
The return costs and the means to be used will be borne by and under the responsibility of the Customer.
Once the goods have been received, FPS Italia will, following a positive outcome of the verification of the returned goods, issue a credit note for the entire amount paid by the Customer, net of shipping costs only, within 30 working days of the verification.

9.4
In the event that the customer purchases a product taking advantage of a promotion with free shipping, the amount relating to shipping costs will still be subtracted at the time of the refund. This will happen even if the customer did not incur shipping costs at the time of purchase, in order to recover the costs incurred.

Art. 10 – Confidentiality – Privacy

10.1
The Customer undertakes to treat in a strictly confidential manner and not to disclose all information, data, technical formulas of which he may have knowledge in relation to the supplies of products carried out by FPS Italia, responding to the effects of this provision, also of the behavior of its employees and/or collaborators.
This is except where the information is in the public domain or has been obtained from a third party through illegal means.

10.2
In accordance with the provisions of art. 13 of Legislative Decree 196/2003 which regulates the processing of personal data, FPS Italia informs the Customer, who by signing these General Conditions gives his/her consent pursuant to art. 23 of the same provision, that all data acquired relating to Customers are processed according to principles of correctness, lawfulness and transparency, with the exclusive purpose of fulfilling the contract as well as for administrative, statistical, market research and sending commercial information needs, in full respect of the confidentiality and rights of the Customer.
The data is stored, used and processed with manual, computer and telematic tools suitable to guarantee confidentiality only for the normal performance of the commercial activity.
Pursuant to art. 7 of Legislative Decree 196/2003, it is possible to exercise at any time the right to control the existence and processing of data and to modify, integrate or delete them.

Art. 11 – Duration

11.1
These General Conditions will apply to all supplies of products and/or services of any kind carried out by FPS Italia from the date of signing until written cancellation by one of the parties or the signing of new General Conditions of Sale replacing the present ones.

11.2
It is understood that in any case these General Conditions of Sale will continue to apply to all orders placed on the date on which they were still in force.

Art. 12 – Applicable law and competent court

12.1
These General Conditions of Sale, and all contracts stipulated in execution thereof, are governed exclusively by Italian law.
All disputes arising from these General Conditions and/or from orders placed on the basis of the same will be devolved to the exclusive jurisdiction of the Court of Lanciano (CH), without prejudice to the right of FPS Italia to summon the Customer to the Court of his domicile.

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