GENERAL TERMS AND CONDITIONS OF SALE
The offer and sale of products on the web site www.fizik.com are governed by these general conditions of sale (“General Conditions of Sale”). The Customer is obligated to read these General Conditions of Sale carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, these conditions and the terms on the Order Form.
1.1 The object of these General Conditions of Sale is the sale of products made online through the e-commerce service of the web site www.fizik.com
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form.
2.1 The Products are sold directly by Selle Royal S.p.A., with registered office in Italy at Via Vittorio Emanuele n°119 - 36050 - Pozzoleone (VI), tax ID no. 00231010281, VAT no. IT01577350240 (hereinafter Selle Royal or the Vendor, or fi’zi:k).
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders by a customer (“Customer”) for Products on www.fizik.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.fizik.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale; the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The Products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal capacity to enter into a binding contract.
2.5 The Customer is forbidden to enter false, incorrect or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse.
2.6 Moreover, by accepting these General Conditions of Sale, the Customer release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data provided at the time of the entry of the online order;the Customer is the only one responsible for their correct entry
3. SALES THROUGH THE ECOMMERCE SERVICE
3.1 "Online sales contract" means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and Selle Royal, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, Customer must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.
3.3 Despite fi’zi:k’s adoption of measures to ensure that the photographs on the web site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the Customer’s computer. Consequently, the Vendor will not be liable for any shortcomings of the Product pictures on the web site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.5 The contract is binding when the Vendor receives Customer’s Order Form over the Internet and checks the correctness of the data on such order.
3.6 No warranty, condition, description or representation given or made before the Vendor's acceptance of an Order by or on behalf of the Vendor is to be treated as a term of the contract or as inducing it unless expressly incorporated in these General Terms of Sale.
4. ORDER FULFILLMENT
4.1 By sending the Order over the Internet, the Customer unconditionally accept, and undertake to apply, these General Conditions of Sale when dealing with the Vendor.
4.2 The Vendor will send an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact the Customer at the e-mail address or telephone number indicated to request additional information about the Order.
4.4 The Vendor may refuse to fill purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, an e-mail informing that the contract is not concluded and that the Vendor has not confirmed the Order will be sent, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released.
4.5 Each sale made by the Vendor through the online sales service can regard one or more Products.
4.6 fi’zi:k reserves the right to refuse orders from a Customer that it is suing relative to a previous order. This applies equally to all cases in which fi’zi:k considers the Customer to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the web site or for any other legitimate reasons, especially if the Customer was involved in any kind of fraudulent activity.
5. SALE PRICES
The stated prices include VAT. Fi’zi:k reserves the right to make price changes at any time, without affecting the confirmed orders. Customer is responsible for shipping costs and any related tax or duty, safe differently agreed with the Vendor; more details about the shipping costs and applied rates can be found here.
6. METHOD OF PAYMENT
6.1 To pay the price of the Products and the relative shipping and delivery expenses, Customer can use one of the methods indicated on the Order Form of the web site www.fizik.com
6.2 At no time during the purchase procedure fi’zi:k will have access to Customer’s credit card information (such as the number of the credit card or its expiration date), which are sent directly to the subject that manages the electronic payment (e.g. bank or Paypal) over a connection protected by an encryption protocol. This data is not accessible and is not kept by the Vendor in any computer archive.
6.3 The Vendor can not, in any case, be considered liable for any fraudulent, illicit or undue use of credit and prepaid cards by third parties.
7. SHIPPING AND DELIVERY OF THE PRODUCTS
7.1 The Products purchased will be be delivered at the Customer’s address. The Products purchased will be delivered by the courier identified by the Vendor to the shipping address indicated by the Customer on the order, with insured shipping.
7.2 When the order is received, the Customer shall check the integrity of the packages at the time of the delivery by the courier. In case of problems, contact us
7.3 All orders processed by fizik.it are shipped directly from Italy by international express couriers. When we have processed your order you will receive an e-mail which will also show the shipment tracking number which will allow you to monitor the progress of delivery at all times.
8. RIGHT OF WITHDRAWAL - RETURN POLICY
8.1 Only if the Customer that enters into the contract is a Consumer (according to 97/7/EC), he/she will have the right to withdraw from the contract without any penalty and without specifying the reason, within the term of thirty (30) days beginning from the day the products purchased on the web site were received.
8.2. The right of withdrawal is subject to the following conditions:
the Products must be returned in their entirety and not just parts or components of them, even in the case of kits;
the Products returned must not have been used, worn, washed or damaged and, in case of shoes, must not show any signs of cleat installation;
the Products returned must be sent back in their original packaging, together with labels, manuals and everything else was included in the package;
8.3 Only if the Consumer exercises the right of withdrawal according to the preceding conditions on clause 8.2 the Vendor shall be required to refund the sums paid, within 30 days from the date it receives the Products returned, by crediting the amount to be refunded by the same payment method selected by the Consumer at the time of the order.
8.4 Some restrictions to the right of withdrawal apply:
• Fi’zi:k Gift Cards
• Fi’zi:k Customized Products on Consumer’s explicit request at the time the order was entered (except for manufacturing defects, according to clause 9 below)
8.5 If the Customer ordered a wrong size or color it’s possible to request the substitution of the Product by filling out the quality control form here, specifying the reasons for returning the item. The Products sent back must be in their original condition, complete with their packaging, according to the above-mentioned clause 8.2.
8.6 Minor differences in color and other variations in Products are possible as result of different image acquisition, display technologies or other technical reasons. Fi’zi:k is not liable for these variations and deviations.
9. WARRANTY OF NONCONFORMING PRODUCTS
9.1 The warranty rules and conditions can be found here and are also provided with each Product.
9.2 If the Customer entered the contract in the capacity of a Consumer, this warranty is valid on the condition that all the conditions indicated below are respected:
a) the defect appears within 24 months from the delivery date of the products;
b) the Customer submits a formal claim relative to the defects within a maximum of 2 months from the date on which it was recognized;
c) the Customer has correctly filled out the Online Quality Claim form.
9.3 In particular, in the case of a lack of conformity, the Customer that entered the contract in the capacity of Consumer will have the right to have the product repaired or replaced, or to receive an appropriate price reduction or the cancellation of the contract for the disputed goods and the consequent refund of the price.
9.4 All the costs of replacing defective Products shall be paid by the Vendor.
9.5 In any case, the Vendor shall be under no liability in respect of any defect arising from wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Vendor's instructions (whether oral or in writing), misuse or alteration or repair of the products without the Vendor's approval.
The fi’zi:k team is available to answer any questions and can be contacted at the following e-mail address, shop@fizik, or at the following postal address:
fi’zi:k Sales&Marketing Office
Selle Royal S.p.A.
via Vittorio Emanuele 119
36050 - Pozzoleone (VI)
11. COMMUNICATIONS TO THE CUSTOMER
11.2 The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of the Product(s) Order, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
12. GOVERNING LAW, DISPUTE SETTLEMENT AND COMPETENT JURISDICTION
These General Conditions of Sale are governed by Italian law and will be interpreted according to it.. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts. In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the Consumer’s option in the case of a suit filed by the latter, by the Court of Vicenza. If, instead, the Customer is acting in the exercise of his business, commercial or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Vicenza.
13. MODIFICATION AND UPDATING
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the Customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.fizik.com and in relation to purchase orders submitted after that date.
If at any time any one of the provisions of these conditions becomes invalid, illegal, or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby.
If you have any questions, please contact our Customer Service team