The sale of Felo vehicles by FELO Moto Italy srl (the "Seller") according to the terms set forth on the felomoto.it website is governed solely by the following terms and conditions (the "Terms and Conditions"), valid at the time of conclusion of the contract. The General Terms and Conditions are available on the felomoto.it website, from which they can be downloaded, saved, and printed at any time. The following Terms and Conditions apply to sales of Felo vehicles made within the European Union, using the terms set forth on the felomoto.it website, to the end customer (the "Buyer"). These Terms and Conditions do not affect the validity and effectiveness of the applicable consumer protection laws (Consumer Code - (Legislative Decree 206/2005 and its amendments), including the provisions of Title III, Chapter I, relating to distance contracts concluded with consumers), where applicable. A consumer is defined as a natural person acting for purposes outside of any entrepreneurial, commercial, artisanal, or professional activity.
1. Vehicle Configuration. Quote
1.1 - The product presentation on the felomoto.it website is for informational purposes only and does not constitute a binding offer by the Seller. The images and descriptions on the felomoto.it website reproduce the characteristics of the vehicles as faithfully as possible. However, vehicle colors may differ from actual colors due to the settings of the computer systems or computers used by the Buyer to view them. The vehicle images on the felomoto.it website may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to customary tolerances. For the purposes of the vehicle sales contract, the vehicle description contained in the contractual documentation sent by the Buyer will be authoritative.
1.2 - The Buyer can calculate the quote by independently completing the preliminary vehicle configuration on the felomoto.it website.
1.3 - Once the vehicle configuration has been completed, the Buyer will propose the purchase of the chosen vehicle to the Seller following the procedures indicated on the felomoto.it website and simultaneously providing their credit card details. The Seller will then immediately block the amount of €150.00 (one hundred and fifty/00) on the Buyer's credit card, as indicated by the Buyer. If the vehicle sales contract is not concluded, according to the procedures and timeframes set forth in Article 2 below, these amounts will be refunded to the Buyer, in accordance with the provisions of Article 2.1 below. The Seller will then send the Buyer the purchase order ("Order"). These contractual documents do not constitute a binding offer by the Seller, nor do they constitute acceptance by the Seller of an offer made by the other party.
2. Conclusion of the Contract / Assignment of Rights and Obligations / Transfer of the Vehicle
2.1 - By sending the duly signed Order to the Seller, according to the procedures set out on the felomoto.it website and in any case no later than 7 (seven) working days after the Buyer receives it in the case of a Vehicle purchase, the Buyer submits a binding purchase order to the Seller for the configured vehicle. Upon sending the Order, the Buyer will pay the deposit according to the procedures set out in Article 3 below. If the Buyer fails to return the duly signed Order to the Seller within the aforementioned deadlines, the Buyer's initial offer will be deemed null and void. Therefore, the Seller will ensure that the amount made unavailable on the Buyer's credit card pursuant to Article 1.3 above is made available again within the technical timeframes required by the relevant credit card circuit.
2.2 - Once the configuration has been confirmed according to the methods set out in Article 1.2 above, the Buyer will receive an automatic confirmation from the Seller via email that the Order has been received. This confirmation, as well as subsequent updates on the status of the Order, sent via email to the address used to place the Order, do not constitute acceptance of the Order by the Seller.
2.3 - The purchase contract is deemed concluded if, within three weeks of receipt of the Order duly signed by the Buyer, the Seller - having verified the accuracy of the data provided by the Buyer in the OrderOrder acceptance and payment of the deposit - written confirmation of acceptance of the Order, or the vehicle is delivered. Acceptance is communicated to the Buyer by email. The Seller is required to notify the Buyer of any non-acceptance of the Order within the above-mentioned deadline.
2.4 - Acceptance of the Order by the Seller is subject to the Buyer's payment of the deposit referred to in Article 3 below.
2.5 - The Buyer undertakes not to assign any rights arising from this purchase contract, nor to sell or transfer ownership of the vehicle within four months of delivery of the vehicle. This time limit on resale does not apply if the Buyer is a consumer. If the vehicle is sold in violation of the above provisions and for commercial purposes or to a professional dealer, the Buyer will be required to pay the Seller a penalty equal to 15% of the net purchase price.
2.6 - In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, the Seller informs the Buyer that: the sales contract is concluded when the Buyer receives confirmation from the Seller pursuant to Article 2.3;
2.7 - Each Buyer is permitted to register on the felomoto.it website. The same Buyer is prohibited from registering multiple times using the same email address. Should the Seller discover that the same Buyer has registered multiple times on the felomoto.it website using the same email address, the Seller reserves the right to immediately and without notice block the relevant account.
2.8 - The sales contract will be archived in the Seller's database for the time necessary to execute the contract and, in any case, within the legal timeframes. The Buyer may access the contract and/or related data through their personal account.
2.9 - The language available to users for the conclusion of the contract is Italian.
3. Price and Payment
3.1 - All prices are expressed in euros and include VAT.
3.2 - Upon acceptance and dispatch of the Order, the Seller will charge the amount of €150.00 (one hundred and fifty/00), as per Article 1.3 above, according to the terms established by the credit card company. This amount will be applied to the confirmation deposit, which—in the event of completion of the sale—will be applied as a down payment on the total purchase price of the vehicle.
3.3 - Delivery of the vehicle will take place only after payment has been received, which will be made at the Buyer's discretion by credit card or bank transfer, according to the methods indicated on the felomoto.it website.
3.4 - The Seller is not authorized to modify the sales price agreed upon in the purchase contract, except for changes to the VAT rate and other applicable taxes.
4. Consumer Right of Withdrawal
4.1 - If the Buyer is a consumer pursuant to the Consumer Code (Legislative Decree 206/2005 - or amendments thereto), he or she shall have the right to withdraw from the contract without penalty and without specifying the reasons, starting from the date of the order and within 14 days from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the goods or, in the case of multiple goods ordered by the Buyer in a single order and delivered separately, from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good.
4.2 - The right of withdrawal is exercised by sending, within the deadline referred to in paragraph 4.1 above, a written communication, in accordance with the form available on the website, by registered letter, telegram, fax, or email to the following: Addresses:
FELO Moto Italy srl - Via O. Respighi, 52 - 47841 Cattolica (RN) - VAT No. 03922900125
4.3 - Timely sending of the withdrawal notice will be sufficient to comply with the withdrawal deadline.
4.4 - Timely sending of the withdrawal notice or shipping of the vehicle will be sufficient to comply with the withdrawal deadline.
4.5 - If the vehicle has been delivered, the Buyer is required to return it to the Seller without delay and in any case within 14 days from the date of exercising the right of withdrawal. The following shall apply:
a) The Buyer is required to return the vehicle to the Seller under his/her own responsibility, bearing the direct costs of the return. The returnmust be made to the following address:
FELO Moto Italy srl - Via O. Respighi, 52 - 47841 Cattolica (RN) - VAT No. 03922900125
The Buyer acknowledges that the direct costs of returning the vehicle cannot currently be calculated, depending on the location of the vehicle to be returned, but in any case they may be significant. If the Buyer decides to return the vehicle by courier, he/she agrees to use a courier with the equipment, facilities, and means suitable for transporting the vehicle. If the Buyer wishes to use a courier trusted by the Seller, always at his/her own expense and under his/her own responsibility, he/she may send a specific email to the Seller to request a non-binding quote. Unless the Buyer decides to use the Seller's trusted courier, the Buyer must agree in advance with the Seller on the actual return date of the vehicle;
b) The Buyer also undertakes to return, within the same 14-day period from the date of exercising the right of withdrawal, all documentation (including administrative and technical documentation) relating to the vehicle, as well as to actively cooperate with the Seller to process the transfer of ownership of the vehicle to the Seller (or another party indicated by the Seller), delivering all necessary documents duly signed.
The return will be deemed to have occurred correctly only if the Buyer complies with all the obligations set forth in this Article 4.5, letters a) and b).
4.6 - Upon return, the vehicle will be subject to specific checks to verify its condition; A specific report will be drawn up, which will include a record of the number of kilometers traveled and a description of any damage to the vehicle, with a specific indication of the sums required to repair the damage or otherwise restore the vehicle (parts and labor). The substantial integrity of the vehicle is an essential condition for exercising the right of withdrawal, considering that it is sufficient that the item be returned in normal condition, having been stored and, where applicable, used with reasonable diligence. Any sums required to repair damage to the vehicle or otherwise restore the vehicle will be borne by the Buyer and will be withheld from the sums returned to him pursuant to Article 4.7. The Buyer is solely responsible for any diminished value of the vehicle resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the item. In this regard, the Seller will have the right to withhold from the sum to be refunded following the withdrawal, as fair compensation, €5 for each kilometer traveled by the vehicle in excess of a total of 10 km traveled from the time of delivery of the vehicle to the time of its return. In any case, it is understood that, unless otherwise indicated by the Seller, the right of withdrawal cannot be exercised if the Buyer has traveled more than 25 km. 4.7 - In the event that the withdrawal is validly exercised, the Seller is required to return the sums paid by the Buyer, including those paid as a deposit and any delivery costs, within 14 (fourteen) days from the date of return pursuant to Article 4.5. The Seller will make this refund by credit card and/or bank transfer, unless the Buyer has expressly agreed otherwise and provided that the Buyer does not incur any costs as a result of the refund. The Buyer acknowledges that any amounts necessary to repair damage to the motorcycle or otherwise restore the vehicle will be withheld from the refund.
4.8 - Except as provided in the preceding paragraph, the Seller is not required to reimburse additional costs if the Buyer has expressly chosen a delivery method other than the least expensive type offered by the Seller.
4.9 - The Buyer acknowledges that the Seller may withhold the refund until:
(i) the vehicle has been returned pursuant to Article 4.5; or
(ii) the Buyer has demonstrated that it has returned the vehicle and fulfilled the obligations set forth in Article 4.5 letter a). b), whichever occurs first.
4.10 - In the event of withdrawal, any ancillary contracts related to the purchase of the vehicle will also be automatically terminated, at no cost to the Buyer.
4.11 - Without prejudice to the provisions of the preceding paragraph, the Seller is not required to reimburse additional costs if the Buyer has expressly chosen a delivery method other than the least expensive type offered by the Seller.
5. Delivery and Delay in Delivery
5.1 - Delivery dates and terms must always be established in writing. Delivery terms begin upon conclusion of the purchase contract.
5.2 - Without prejudice to the provisions of clause 5.6 regarding force majeure, the Buyer may request immediate delivery of the vehicle 90 days after the delivery date or deadline, as indicated in the contract concluded between the Seller and the Buyer, and without prejudice to the provisions of clause 5.3 below. From the moment of receipt of such notification, the Seller will be considered in default. Without prejudice to the provisions of art. 1229 of the Italian Civil Code, the Buyer's right to compensation for damages resulting from the Seller's breach of contract is limited to a maximum of 5% of the agreed purchase price.
5.3 - After the expiration of the term referred to in art. 5.2. The Buyer is nevertheless required to grant the Seller a reasonable period of time to complete the delivery before seeking termination. If, instead of performance, the Buyer seeks termination of the contract and compensation for damages, the latter is limited to a maximum of 15% of the purchase price in the event of minor negligence. If the Buyer is a company, an entity, or a professional entering into the purchase contract as part of its business or self-employed activity, it may not seek compensation for damages caused by the Seller through minor negligence. If, when the Seller is already late with delivery, delivery becomes impossible due to an unforeseeable circumstance, the compensation for damages will be limited as provided above. The Seller shall not be liable if the damage would have occurred had delivery been timely.
5.4 - The limitations of liability set forth in this Article shall not apply to damages to life, limb, or health.
5.5 - If the Seller fails to meet binding delivery deadlines, dates, or periods, it shall be deemed to be in default if such deadlines, dates, or periods have expired. In such case, the Buyer may exercise the rights set forth in paragraphs 5.2, 5.3, and 5.4.
5.6 - In the event of force majeure or other events affecting the business of the Seller or its suppliers that prevent the Seller from temporarily and through no fault of its own, ensuring timely delivery of the purchased products, the deadlines and dates set forth in this Article, paragraphs 5.2 to 5.5, shall be suspended for the duration of such events. If such events result in an interruption of more than four months, the Buyer shall have the right to withdraw from this purchase agreement. This clause does not affect other cancellation options.
5.7 - Provided they are reasonable for the Buyer and taking into account the Seller's interests, any manufacturing or model changes, color variations, or changes to the delivery package made by the manufacturer during the delivery period shall not give rise to withdrawal or termination, nor shall they constitute a breach of the purchase agreement.
6. Acceptance and Collection
6.1 - The Buyer is required to indicate their availability to collect the ordered vehicle within 7 days of the Seller's notification that the vehicle is ready for shipment.
6.2 - If the Buyer fails to collect the vehicle within this period, the Seller may exercise its legal rights. The Seller will be entitled to compensation for damages in the amount of 15% of the gross sales price. The compensation may be determined in a higher or lower amount depending on whether the Seller proves that it has suffered greater damages or whether the Buyer proves that the Seller has suffered lesser damages or no damages at all.
7. Vehicle Ownership
7.1 - The Buyer acquires ownership of the vehicle when they fulfill all obligations arising from the purchase contract, including payment of the balance of the purchase price.
7.2 - As long as the Seller retains ownership of the vehicle, they will be entitled to retain all documents relating to the vehicle's registration.
7.3 - In the event that the Buyer fails to fulfill their payment obligations on time, the Seller will have the right to withdraw from the purchase contract, retaining the deposit, or terminate the purchase contract in accordance with the law, seeking compensation for damages.
7.4 - Until they have acquired ownership of the vehicle, the Buyer may not sell or transfer ownership of the vehicle, nor assign any rights of use of the vehicle to third parties.
8. Defects
8.1 - The warranty for vehicle defects, unless otherwise specified,As agreed, the right to claim for damages expires in accordance with the law. Unless otherwise provided by law in the event of a sale to the Customer, if a defect is discovered within 6 months of delivery, it is presumed that it already existed at the time of delivery of the vehicle, unless the type of defect is such as to exclude this presumption. With respect to the Buyer's right to request a remedy for the defect, this presumption also applies if the defect occurs for the first time within two years of delivery.
8.2 - The Buyer will have no rights if the defect or damage is attributable to the normal use of the vehicle or to the fact that:
- the Buyer did not promptly report the defect after discovering it;
- the vehicle was used in conditions other than those for which it was approved (for example, in a country other than the country in which the first delivery took place and where different approval requirements apply);
- the vehicle was not used properly or was used in a manner that exceeds its normal use (for example, for sporting competitions);
- the vehicle was repaired or taken for service in a workshop not authorized by the manufacturer and the Buyer was responsible for this. knowledge or should have been;
- components not approved by the manufacturer have been installed on the vehicle, or the vehicle or parts of it (e.g., software) have been modified without the manufacturer's approval;
- the Buyer has not followed the instructions for maintaining and treating the vehicle (for example, the Buyer has not followed the instructions in the owner's manual). Any further rights of the Buyer under the law or under the contract, particularly those relating to the warranty, remain unaffected.
8.3 - The procedure for remedying defects is as follows:
- Requests for remedying defects may be addressed to the Manufacturer or to a member of the manufacturer's authorized workshop network. If the Buyer forwards the request to a member of the manufacturer's authorized workshop network, the Buyer must notify the Seller if the initial repair of the defect was unsuccessful. If the Buyer makes the request verbally, written confirmation must be sent.
- If the vehicle becomes unusable due to a defect, the Buyer must notify the Manufacturer or the nearest member of the Manufacturer's authorized workshop network in service at that time.
- The Buyer's warranty rights under this purchase agreement also apply to parts incorporated into the vehicle being repaired, unless the vehicle warranty has expired.
- All replaced parts become the property of the Seller.
8.4 - The right to request the repair of defects is not affected by the change of ownership of the vehicle.
8.5 - This Article 8 does not apply to cases of civil liability, including for defective products.
9. Liability
9.1 - If the Seller—under the law or this contract—is liable for damages caused by slight negligence, the Seller's liability for compensation is limited as follows. The Seller will be liable only if the damages are a consequence of the violation of one of the parties' essential interests or the failure to fulfill one of the principal obligations. In this case, the Seller's liability is limited to the foreseeable damage at the time the contract was concluded, in accordance with the provisions of Article 1223 of the Italian Civil Code. If the specific damage is covered by the Buyer's insurance (with the exception of fixed-sum coverage), the Seller will be liable only for related damages, such as increased premiums or interest rates, until the damage is settled by the insurance company.
9.2 - The Seller's liability for fraudulent concealment of the existence of a defect, acceptance of the quality guarantee, or non-fulfillment attributable to the Seller remains unaffected, as is any other right recognized by the Consumer Code and the Civil Code.
9.3 - Any liability due to delay in delivery is governed exclusively by art. 5.
9.4 - The personal liability of the Seller's legal representative, agents, external collaborators, consultants, and employees for damages caused by slight negligence is excluded.
9.5 - The limitations of liability set forth in this article do not apply in the event of death, injury to physical integrity, or injury to health.
10. Applicable law and contractual language
10.1 - This contract is governed by Italian law and, inter alia, by Title III, Chapter I, Section II of the Italian Civil Code.Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions).
10.2 - The contract language will be Italian.
11. Out-of-court dispute resolution. Jurisdiction
11.1 - Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the Seller informs the Buyer that he or she qualifies as a consumer pursuant to art. 3, paragraph 1, letter a). a) of the Consumer Code, that, in the event that the Buyer has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code). The Seller also informs the Buyer who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/; Through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure for the dispute in which they are involved. In any case, the consumer user retains the right to bring the dispute arising from these General Conditions before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of initiating an out-of-court resolution of disputes relating to consumer relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code. The Buyer residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these Conditions of Sale, the European procedure established for small claims disputes, pursuant to Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interest, fees, and costs, does not exceed €2,000.00. The text of the regulation is available at www.eur-lex.europa.eu.
11.2 - All disputes relating to relationships with professionals, including those relating to cheques, will be referred to the court of the place where the Seller is based. The foregoing provision applies even if the Buyer is not domiciled in Italy, if he or she has moved domicile outside of Italy after the conclusion of the contract, or if his or her domicile is unknown at the time the proceedings are initiated.
11.3 - If the Buyer is a consumer pursuant to and for the purposes of the Consumer Code, any dispute concerning the interpretation, execution, termination, and/or resolution of the contract shall be subject to the exclusive jurisdiction of the court of the place where the Buyer resides or is domiciled, if located in Italy.
12. Complaints
12.1 - The Buyer may submit any complaints to:
FELO Moto Italy srl - Via O. Respighi, 52 - 47841 Cattolica (RN) - VAT no. 03922900125
13. Information
13.1 - The Buyer expressly acknowledges having received notification from FELO Moto Italy srl, pursuant to and for the purposes of art. 49 of the Consumer Code, regarding:
- the main characteristics of the purchased good;
- the identity of the professional, the geographical address where he is established and the telephone number;
- the total price of the purchased good including taxes, additional shipping and delivery costs or, if such costs cannot reasonably be calculated in advance, the indication that such costs may be charged to the Buyer;
- the payment, delivery and execution methods, the date by which the Seller undertakes to deliver the good and the Seller's complaint handling procedure;
- the existence of the legal guarantee of conformity for the good, the existence and conditions of the after-sales service and commercial guarantees;
- the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54, paragraph 1, of the Consumer Code, as well as the standard withdrawal form. withdrawal
- the possibility of using an extrajudicial complaint and appeal mechanism to which the professional is subject and the conditionsni to access it