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These terms and conditions of sale (TCS) regulate purchases, executed by way of telephone or by means of telecommunications devices, of products (hereinafter referred to as “Product” or “Products”) from the Fix&Go website store.fixandgo.com (hereinafter referred to as “the Website”), managed by TEK Automotive srl Unipersonale, whose main offices are located in via Icaro 11, 61122 Pesaro Italy, VAT number 02261630418, REA PS 166937, Registro Imprese di Pesaro e Urbino (“TEK” or “Fix&Go”).
If you are interested in purchasing a Fix&Go product, please read the TCS carefully before ordering any of the products you see available on our website. By ordering a product from our website, you claim to have read and accepted the TCS that follow. We recommend that you print a copy of the TCS for any future use or reference.
The previsions of the TCS that refer to Consumers (physical persons who are acting for reasons not associated to business, commercial, custom manufacturer or professional activity that he/she might perform) will be applied solely to anyone who falls under the relative definition. Consumers will benefit particularly from all legal protection provided by Title III, Section I, of the legislative decree of 6 September 2005, n. 206 (Consumer Code) which refers to the conclusion of distance contracts, as well as other binding legal protection therein, in favor of Consumers, through said Consumer Code and any other applicable law in force.
1.1. By making Products available on its Website, TEK invites users to make an offer to purchase the Products. Said invitations are not binding towards TEK and, in particular, they do not constitute public offers pursuant to article 1336 of the Italian Civil Code; TEK shall decide, at its own discretion, whether or not to accept any offer to purchase Products available on its Website.
1.2. In order to purchase Products on the Website, the customer must choose one or more Products that he or she intends to buy and place them in his or her “virtual shopping cart”, the contents of which will continue to remain available for viewing prior to sending the order.
1.3. Before sending an order the customer must first register on the website and provide TEK, in conformation with all regulations governing the protection of personal data, all the personal information necessary for TEK to fill the order.
1.4. Once the customer has been completed the registration, the customer must click on "CONTINUE" and chose the means of payment for the order.
1.5. By clicking on "PLACE ORDER", the customer will send the order to TEK. Every order sent using this method will be considered, for all purposes, a customer contract application. After the customer's order has been sent to TEK, TEK will reply by sending an order confirmation (indicating whether the order can be accepted or not) to the email address previously indicated by the customer.
1.6. TEK will have the option whether to accept the order and, in the case of non-acceptance, the customer does not have the right to make any claims to TEK. The moment in which the customer receives at his or her email address an email message confirming the acceptance of the order, said order will be considered accepted, and subsequently the contract will be considered concluded.
2.1. All prices include VAT; shipping costs are calculated a part from purchase prices and include VAT. Prices quoted do not include any taxes, duties or levies which may be applicable where the Products are being shipped, outside of Italy, and all said taxes, duties or levies shall be paid by the customer.
2.2. TEK reserves the right to modify prices, at any time, of Products available on the Fix&Go Website. Modified Product prices will not be applied to customer orders which were placed prior to modification of said prices.
3.1. Payment of the price of the Products being ordered must be made by the customer at the time the order is sent. Should the order not be accepted, TEK shall reimburse the customer in a timely fashion for the amount of the price of the Products in the order.
3.2. In order to be able to process the order, TEK will propose, at its discretion, the means of payment with which the customer may choose pay for his or her order. By way of example, such payment methods may include credit card (Visa, MasterCard, American Express), prepaid cards, PayPal gateway. The customer will chose the method of payment that he or she intends to use from among the payment methods indicated by TEK.
3.3. TEK will not issue an invoice for Products purchased pursuant to and regulated by these TCS.
3.4. Products will be shipped via courier. TEK will execute shipment of products only after having received confirmation of payment.
3.5. Orders are processed from Monday to Friday (business days) between 8:30 am and 3 pm. Any order placed after these hours will be processed the following day. Orders placed after 3 pm on a Friday will be processed on the following business day (usually the following Monday)
3.6. Delivery will take approximately 60 to 72 hours from when payment confirmation has been received.
3.7. TEK will not be held responsible for delay or missing deliveries due to, but not limited to, acts of God, such as fire or flood, nor strikes, action taken by the public administration, transportation difficulties. TEK will undertake to notify the customer as soon as possible of any causes of delay. Should any of these causes last longer than 30 days, either party shall have the right to terminate the contract. In the event of termination of the contract pursuant to what has been set forth in this section of these TCS, the customer will not have any right to claim any compensation or indemnity other than reimbursement of the price of the Product purchased in the order which will be carried out within 10 days after notification of termination.
4.1. Consumer purchases will be regulated by laws regarding statutory warranty, as well as, wherever applicable, the rules set forth in the Consumer Code regarding warranty toward the consumer.
4.2. Should the statutory warranty be applied, the consumer will have the right to request that the goods be brought back to its original condition, by way of repair or substitution, free of charge and within a reasonable amount of time. Should this not be possible a price reduction will be applied or the contract terminated, except in cases where the defect is slight.
4.3. Flaws and defects in the products must be claimed by the consumer within 2 months from discovery of said flaw or defect, and the consumer must contact TEK customer service department at the page: https://www.fixandgo.com/contact-us or at the following address:
TEK Automotive srl Unipersonale
Via Icaro 11
61122 Pesaro, ITALIA
Tel. +390721.404183
4.4. European consumers may settle all disputes concerning the stipulation of sales agreements out of court by sending a complaint through the online platform for alternative dispute resolution, established by the European Commission and available on the website ec.europa.eu., at the following link: http://ec.europa.eu/consumers/odr/.
The consumer requiring further information on the means of alternative dispute resolution can visit the official website, also available in English, where all information is available: http://ec.europa.eu/consumers/odr/.
The Owner is also available to answer any enquiries sent at the following address: https://www.fixandgo.com/contact-us.
4.5. What has been set forth in chapter 5 herein will not be applicable in cases where flaws or defects are found in products which have been purchased by professionals to whom TEK, without prejudice to the limits of law, will not issue a warranty.
5.1. In compliance with the regulations set forth in the Consumer Code, the consumer has the right to terminate the contract by way of and with respect to the ways and timeframes indicated herein.
5.2. Whenever the consumer intends to terminate the contract, the consumer must send notification, with or without stating the reasons for the termination, within 14 business days from the delivery date of the Product via certified mail with return receipt; or via fax or email after which notification must be sent via certified mail with return receipt within 48 hours following fax or email indicated at the page: https://www.fixandgo.com/contact-us or below:
TEK Automotive srl Unipersonale
Via Icaro 11
61122 Pesaro, ITALIA
Tel. 0721.404183
Fax: 0721.220050
5.3. Should the consumer elect to terminate the contract, the consumer must return all Products to TEK to the address indicated in section 6.2 within 14 days after having exercised his or her right to terminate the contract.
5.4. The products must be returned:
- properly arranged in their original packaging, complete with all accessories, the instructions for use and all documentation.
- unused.
5.5. Whenever the returned products do not conform to what has been set forth in the preceding paragraph, the termination of the contract will be deemed to have no effect.
5.6. Within 14 days from the receipt of the Product and after having verified the that the conditions in the preceding paragraph have been met, TEK will reimburse the payment received by the consumer for the Product being returned.
5.7. Shipping costs for the Product being returned to TEK after the consumer exercises his or her right to terminate the contract will by paid by the consumer.
5.8. Should the product be returned in conditions not in compliance with those set forth in preceding section 6, or are in any way damaged, the consumer will be held responsible for the reduced value of the product.
6.1. These TCS are regulated by laws in force in Italy
6.2. Should any controversy arise, the customer agrees that the controversy be subject to the sole jurisdiction of Italian judges and the exclusive competence, without prejudice to law, of the Court of Pesaro (Italy).
7.1. TEK waives the liability for any damage to things and/or persons which may result from the Product being improperly used, or in any case used in a way that is not in compliance with the instructions in the handbook, on the illustrated instructions or in any other document or warning included with the Product. The user is responsible for having carefully read the handbook before using the product, to know how to correctly use the product and to be able to follow all safety instructions indicated therein, including the warning to not use the product past the expiration date.
7.2. In case of damage, TEK's liability is limited to the value of the sale price of the Product. TEK is not liable for any indirect damage caused by defective Product(s). Limitations to TEK's liability are not applicable: a) in cases resulting in death or damage to persons caused by TEK's gross negligence; b) in cases of willful intent; c) under any circumstances whereby exclusions of liabilities are not permitted by law.
7.3. TEK waives, within the limits consented by law, any liability in cases where the Product being delivered is not in compliance with the regulations of the country where the product has been delivered, whensoever this country is not Italy.
8.1. Should any modification be made to these TCS, TEK undertakes to publish the most recent version of the TCS on its Website.
8.2. Upon publication on the Website, the modified TCS will become an integral part of any new contracts, starting from the first customer order. For any order sent prior to the publication of the modified version of the TCS, the previous version of the TCS will be applicable.
9.1. TEK reserves the right to retain all data from online orders as well as contact information sent by customers to be used solely for order processing (including transmission of said data to business partners involved in handling payment of orders, as well as those involved in preparing and/or shipping orders, for processing warranty claims for the products and/or for recommendations or instructions sent to the customer inherent to the product). Data will be converted and transferred in compliance with the disclosure statement regarding protection and use of personal data by TEK (“Privacy Disclosure”).
9.2. In full understanding of the preceding paragraphs, any use of the customer's personal data will be subject to the provisions set forth in the aforementioned Privacy Disclosure.
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