Terms & Conditions

Informative note on Site use and
Formula s.r.l. Standard Online Sale Conditions of sale

(November 2010 version)

  1. Subject matter
  2. Definitions
  3. Purchase procedure of contract
  4. Payments
  5. Performance. Delivery terms
  6. Import/export duties, taxes, administrative charges
  7. Website Terms of Use
  8. Formula’s discretion
  9. Presumption of Liability
  10. User’s obligations
  11. Order cancellation - Ius poenitendi
  12. Warranties
  13. Formula’s limitation of liability
  14. Links
  15. Malware
  16. Industrial and Intellectual Property
  17. Applicable law
  18. Mediation
  19. Jurisdiction
  1. Subject matter. These Online Sales Conditions (“OSCs”) of Formula S.r.l. (“Formula”), VAT No./tax code 02081070977, having its registered office at Via Erbosa 63, Prato (59100), shall apply to all commercial relationships between Formula and Formula Website users and/or customers purchasing online (“Buyer”) as supplemented by (i) the notices, descriptions and instructions published online (regarding product characteristics, price, delivery terms, payment terms etc.); and (ii) the Privacy Policy (regarding any notice or other information regarding personal data processing).
  2. Definitions. Each definition indicated by a capital letter (whether singular or plural) shall be ascribed its meaning set forth below:
    1. Registration: if any, means the operation involving the issuance of authentication data (“Identification Codes”), consisting of an ID User (in the form of an alphanumeric code) and a Password (in the form of an alphanumeric code), that allow access to the Private Customer area (login). Registration serves to unequivocally identify the specific Buyer also in the event of purchases made over the course of time;
    2. Parties: means Formula and Buyer;
    3. Transaction: means any electronic transaction which create obligations for the Parties;
    4. Product: means goods subject of each individual Transaction. Product information set forth on the related data sheet [click here to view an example data sheet] (“Data Sheet”) shall only be binding on Formula in the manner and to the extent specifically provided for in the OSCs. Please note that each Data Sheet contains the relevant Product information; in the event of particular requirements the Buyer shall seek additional Product information from Formula in writing. Unless it is specifically agreed that the Buyer may choose the Product colour, the colour may vary from that indicated in the image published with the Data Sheet;
    5. Technical Standards: mean computer technical requirements related to hardware equipment and software programs established by Formula from time to time;
    6. Website: means website accessible though URL: http://store.formula-brake.com;
    7. Contract: means the contract of sale by means of the present OSCs, concluded electronically between the Parties for one or more Products. The Contract shall be deemed as entered into at the place at which Formula has its registered office.
    8. Buyer: means the party that enters into the Contract with Formula. Pursuant to the Italian Consumer Code (Legislative Decree 206/2005), Consumer is a party who is not acting in a commercial or professional capacity as regards the Transaction, and Professional is a party (or its agent ) acting in a commercial or professional capacity as regards the Transaction;
    9. User: means any party that visits and browses on the Website who undertakes to accept the terms set forth in these OSCs, whether or not a Buyer. While the User is not necessarily a Buyer, the Buyer will necessarily be a User and as such is also subject to the User terms and conditions;
    10. Price: means the consideration for a Product. The Price specified in the Product Data Sheet excludes Italian VAT;
    11. Extras: means additional purchase costs to be borne by Buyer, as for example Product transport costs (including the packaging). A breakdown of Extras shall be communicated to Buyer before the Contract conclusion;
    12. Financial intermediary: means the party that has an agreement with Formula, through which Price and Extras may be paid (e.g. PayPal, credit institute.);
    13. Delivery: means the material receipt of the Product, regardless of the party who carries out the Delivery to Buyer. The definition is particularly relevant as regards provisions concerning the exercise of the rights provided under the warranties as well as the right to cancel.
  3. Purchase Procedure of Contract. Parties hereby undertake that the purchase procedure for each Contract is as per the following:
    1. Order. Buyer follows the steps as per subparagraphs i. to ix below to effect an order:
      1. consultation of the online catalogue and verification of the Products’ characteristics as described in the relative Data Sheet;
      2. selection of the individual Product and quantity to be purchased;
      3. possible continuation of the purchase session;
      4. check of the order breakdown, including Extras;
      5. possible modification of or integration to the order;
      6. filling in of the form with Buyer’s personal data, including information to enable invoicing and shipment of the consignment. Such information will be handled in compliance with the Privacy Policy;
      7. electronic confirmation of the order in compliance with the instructions;
      8. payment of the Price (and additional charges specified in the order breakdown), by following the instructions and the operations indicated and in accordance with the payment manner selected;
      9. in the event of any Registration, Buyer shall be able to go through the above-mentioned stages by entering through the reserved area with apposite Identification Codes, without the necessity to fill the personal data form again, except in case of variations or integrations thereto;
    2. Entry into force of the Contract. Effectiveness. The Contract is deemed entered into at the time Formula receives the order. Nevertheless Formula shall not be bound until it receives the Product Price and any Expenses.
  4. Payments. The issuing institutes and/or any intermediary party managing the optional payment services (credit/debit card, PayPal, etc.) shall be solely liable for payments made through such optional systems available on the Website.
  5. Performance. Delivery terms. Formula shall perform its obligations under the Contract upon receipt of the Price applicable to the Transaction and shall inform the Buyer when the Products are dispatched. It is acknowledged that Formula shall be deemed to have performed its obligations upon delivery of the Products to the consignment agent/courier. Parties agree that any time of delivery indicated on the Website is merely indicative and shall not be considered of the essence for the purpose of contract processing or delivery. The Products will be delivered to the address which Buyer indicates in the Order.
  6. Import/export duties, taxes, and administrative charges. Any tax, duty, license, authorization, permit and/or any custom obligation applicable to import and delivery of the Products (with particular but not exclusive reference to non-EU States) are at Buyer’s sole charge. The Buyer shall promptly carry out any requirements and pay all such relative charges.
  7. Website Terms of Use. Website access may be conditional on several factors independent of Formula’s control and thus Formula is unable to guarantee continuous and/or uninterrupted access to its Website. Access to the Website (including the reserved area for online sales) may be suspended and/or halted (including definitively) at the discretion of Formula, by way of example for: any technical reason; act of God; force majeure; User’s breach of the obligations set forth under these conditions. In the event of failure to access the Website, the User accepts that he/she shall have no claim of whatsoever nature against Formula.
  8. Formula’s discretion. Formula, reserves the right to refuse orders or Registration requests at its sole discretion, and/or to temporarily suspend or to definitively halt the access at the Website, including by revoking or disabling the Identification Codes of any Buyer who fails to ensure appropriate compliance with and respect of these OSCs or any Buyer in breach of these or any other applicable conditions or in any event any Buyer that has or is likely to use the Website illegally or in bad faith. Formula has the right to modify the Identification Codes at any time for technical or safety reasons, informing the Buyer, who shall comply with the instructions communicated to him/her. In evaluating the appropriate protective measures under this clause, Formula shall observe criteria of good faith and reasonabless.
  9. Presumption of liability. The Buyer agrees that the presumption of liability doctrine shall apply to all operations using the Identification Codes ascribable to the relative activity and to indications of will and/or consent expressed on the Website. According to such doctrine, Buyer accepts to be held liable for all use, including where abusive and/or illegal, of the Identification Codes assigned to him/her. Formula shall be entitled to presume the liability of the Buyer identified by the particular Identification Code for the abovementioned indications of will and/or of consent. The Buyer undertakes to adopt all appropriate precautions to ensure the secrecy and the proper use of the Identification Codes on the understanding that the Buyer shall be solely responsible for all activities using his/her Identification Codes.
  10. User’s obligations. The User undertakes to access and use the Website in full compliance with any and all Italian mandatory civil, criminal and administrative laws and regulations, including, and not by way of limitation, the laws pertaining to: Personal Data Protection (Legislative Decree 196/2003 as subsequently amended); Intellectual Property Rights (Legislative Decree 30/2005 as subsequently amended); Copyright (Royal Decree 633/1941 as subsequently amended); E-Commerce (Legislative Decree 70/2003 as subsequently amended); and or that constitute an offence pursuant to laws and/or rules concerning cybercrimes. In particular, but not by way of limitation, the User undertakes not to: a) use the Website for unlawful or illegal purpose or as may constitute a public order offence or as may offend customary or moral principles; b) use the Website to transmit or to broadcast in any way any material which abuses the purpose of the Website that is or is likely to be unlawful, illegal, racist, pornographic, obscene, vulgar, defamatory; c) transmit material or messages which may or do encourage third parties to commit any civil or criminal offence; d) send commercial and/or promotional messages or take part in or encourage spamming, chain mails/chain letters or any other activity that is illegal and/or contrary to netiquette rules; e) infect the net or any part of the Website system with any virus, malware or other harmful program which may interfere with or damage or intercept or delete, property and/or data or personal information, nor to use any peer to peer program or any program having a similar scope or effect; f) undertake any activity that may unreasonably burden or excessively load the Website system.
  11. Order cancellation - Ius poenitendi. The Consumer is the sole party entitled to cancel any order under a Contract in accordance with the Italian Consumer Code (Legislative Decree 206/2005), art. 64 et seq. and obtain repayment of the sums paid at the moment of purchase. A Professional is not entitled to any such cancellation right. Cancellation shall be exercised by the Consumer through communication by fax to +390574611046 with a copy preferably also by mail to e-commerce@formula-brake.it, within ten working days of receipt of the Products. Validity of Consumer’s right to cancel is conditional upon Consumer’s returning the Product/s subject of the cancelled order within thirty working days of receipt and as per the instructions received from Formula by email to: Formula S.r.l., Via Erbosa 63, 59100 - Prato (ITALY). All Product return expenses are at Consumer’s sole charge. In case of cancellation of a part order of Products included larger individual shipment, the Consumer will be refunded the relevant percentage of shipping costs. The-non EU resident Consumer is also entitled to cancel orders subject to limitations. In all cases, the Consumer is requested to conform with the instructions or to any proposal made by Formula prior to before returning any Product.
  12. Warranties. The warranty offered by Formula may vary according to the i) type of Product purchased and ii) type of Buyer. If the Buyer fails to respect the following warranty conditions and/or notices published on the Website, the warranty will not be applicable or may only be partially operative.
    1. The Buyer (whether Consumer or Professional) accepts all liability deriving from its purchase of the Products, acknowledging that said Products request a specific know how and high technical expertise. With reference to Products requiring assembly and installation (by way of example only spares, brakes, kits and forks) the Buyer shall
      1. carefully evaluate the suitability of the Product for the purpose for which it is to be used (which depends on the typology, characteristics and specific needs);
      2. entrust the Product assembly and installation to a qualified technician, preferably recommended by Formula. The qualified technician must be required to scrupulously adhere to the instructions and the warnings and notices published on the Website by way of text and/or video, and/or in the instruction manual attached to each Product;
      3. seek clarification from Formula in the event of any doubt or uncertainty whatsoever concerning the installation and/or assembly and/or maintenance of the Products;
      4. carry out the maintenance recommended by Formula, using qualified staff preferably recommended by Formula;
      5. abstain from any inappropriate or non-conforming use of the Product having regard to the specific use for which such products is normally sold..
    2. The above having been stated:
      1. As regards the contractual warranty period to Professionals, Formula warrants the quality of the Products for a period of twelve months of Delivery. Any claim relating to defects in the Products shall be sent to Formula, by registered post return receipt requested as well as by email to: techline@formula-brake.it and must be accompanied by suitable images of the Product for the warranty claim to be evaluated. Such claim must be made no later than eight days of Delivery in the case of patent defects and eight days of discovery in the case of latent defects and in any event no later than twelve months of Delivery. On failure to notify the claim within the above timescales, the right to claim will be deemed automatically forfeited. In any event, the expenses and risk relating to the return of goods are at Buyer’s sole charge. The above warranty is the sole warranty for Products any other express or implied warranties under law or statute are replaced and superseded by these OCSs. A Professional that purchases the Products for resale shall have the rights of recourse pursuant to art. 131 of the Consumer Code (Legislative Decree 206/2005) strictly within the limitations and in accordance with the procedures set forth in this subparagraph i;
      2. As regards the contractual warranty period to Consumer, Formula warrants the quality of the Products for a period of twenty four months of Delivery. Any claim relating to defects and/or non conformity of the Products must be received by Formula by fax at: +390574611046 and preferably also by email to techline@formula-brake.it within twenty six months of Delivery. The claim must i) be accompanied by suitable images of the Product for the warranty claim to be evaluated and ii) be sent strictly no later than two months of defects and/or non conformity discovery. On failure to notify the claim within the timescales under this subparagraph ii, the right to claim will be deemed automatically forfeited.
  13. Formula’s limitation of liability. Formula shall be liable under the warranty for the Product solely in case of normal and ordinary use of the Products purchased on the Website. It is accepted that Formula is unable to effect prior checks or supply specific warranties and or assume liability in case of: (a) non-ordinary Product use, for example and not by way of limitation, use of the Products during sporting events including non-competitive events or extreme situations (by way of example only, in the event that (i) the brake is used on any means of transport other than a bicycle; (ii) the brake or the product on which the brake is mounted and installed is modified) and/or (b) any use which is subsequent to the reselling of the Product. In such cases, it being understood that the Buyer is deemed a Professional who is particularly qualified at a technical level, the Buyer shall use qualified technicians for assembly, installation, equipping, testing, maintenance, assistance services of the Products and to have performed at the moment of delivery to him/her any and all scrupulous checks and tests to ascertain the conformance of the Products for the purpose for which they will be also considering the range of the activity taken such test and check to be made prior to Products use (including the relative marketing) and in accordance with the required periodic requirements or those recommended by Formula. The Professional shall be the solely liable party for any anomaly and/or defects and/or malfunctioning of the Products and for the consequent damages flowing therefrom to property and/or persons, to him/herself and/or to athletes and/or to third parties. Professional hereby agrees to indemnify Formula and hold Formula harmless from and against any detriment and/or damage deriving from the above use. Save for in the event of proven wilful misconduct or gross negligence, Formula shall have no liability to the Professional for lost profits, incidental and/or consequential damages, direct or indirect losses of any kind. The maximum liability of Formula related to any breach of Contract, including breach of warranty, shall be limited to the purchase price of the Product itself.
  14. Links. Although Formula periodically checks the contents of web pages linked to the Website or accessible through advertising banners (and/or from other advertising spaces) on said Website, Formula has no responsibility therefor and disclaims any liability for the contents on web pages accessed through such links. As regards links from pages external to the Website, solely the link to the Website home page is allowed unless otherwise agreed in writing by Formula.
  15. Malware. Notwithstanding Formula’s periodic Website checks, Formula does not represent or warrant that the Website is immune from viruses or from any other potentially harmful program. It is the responsibility of the User to always adopt the most updated protective measures and follow any technical standards and/or indications prior to accessing the internet to carry out any operations, including, in particular, to download documents and/or software or make purchases.
  16. Industrial and Intellectual Property. Trademarks and distinctive symbols/signs on the Website of which Formula is owner, are protected by intellectual property rights. Unless otherwise provided, the copyright for creations and/or elaborations of the Website (programming, graphics, drawings, layout, text, databases) belongs to Formula. The User acknowledges that trademarks and distinctive symbols, contents, information, programs and databases inserted on the Website, as well as the technical conceptual and creative solutions, (including graphic layouts) contained and/or adopted by Formula on the Website belong exclusively to Formula and may be used solely to use the Website in accordance with these OSCs. In no circumstances shall Users make any other use of Formula intellectual property by way of example only, reproduction, sale, modification, distribution, transmission, re-publication, including partial, of the contents, information or databases available on the Website and/or their relative technical, conceptual and creative solutions adopted by Formula on the Website. Patents and other intellectual property rights in the Products belong to Formula or to other Formula group companies.
  17. Applicable law. Without prejudice to Consumer’s rights provided by local laws, the OCSs and any Contract concluded on line through the Website with Consumers or Professionals shall be governed exclusively by Italian law with the express exclusion of the Vienna Convention 1980 on the International Sale of Goods.
  18. Mediation. In case of dispute, the parties shall refer said dispute to the mediation service of the Italian Chambers of Commerce.
  19. Jurisdiction. As regards Professionals, in the event that the dispute is not settled by mediation in the first instance or mediation has not been initiated or concluded due to the fault of the Professional, the Court of Prato shall have exclusive jurisdiction to settle all disputes arising from any Transaction and/or Contract. Formula reserves its right to commence legal action in any court having jurisdiction over the Professional.