terms and conditions
Welcome to Fantic Bikes!
In this store, you can pre-order your Fantic E-Bike (the “Product”) by selecting the retailer from whom you wish to purchase it.
To confirm the pre-order in this store, you will be required to pay 5% (five percent) of the price displayed in this store; when you visit the selected retailer, you can make the actual purchase of the Product by paying the remaining 95% (ninety-five percent) of the displayed price to the retailer.
Once the pre-order is confirmed, you will receive an email from Fantic confirming the pre-order, the amount paid for it, the details of the chosen store, and the date (or the number of days from the receipt of the email) from which the Product will be available for purchase at the selected retailer (the “Collection Date”).
Between the pre-order confirmation and the Collection Date, Fantic will arrange for the Product to be shipped to the selected retailer, who will perform all necessary pre-delivery operations (assembly, pre-delivery checks, road testing, and adjustments) by the Collection Date.
From the Collection Date, you will have 10 (ten) days to visit the selected retailer, where you will find the Product ready for you to test/try under the direct supervision of the retailer and then to make the actual purchase.
In this store, therefore, you do not purchase the Product, but you pre-order it. The purchase of the Product will take place between you and the selected retailer, and you can decide whether or not to proceed with the purchase after the test/trial.
Should you decide not to proceed with the purchase after the test/trial at the selected retailer, you simply need to inform them in writing, and we will refund the cost of the pre-order.
The terms "we," "us," and "our" refer to Fantic Bikes. Fantic Bikes operates this store and website, including the information, content, features, tools, products, and services, to provide you, the customer, with an adequate booking experience (the "Services"). Fantic Bikes is supported by Shopify, which allows us to provide you with the Services.
The terms and conditions below, along with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you declare that you are of legal age in the state or province in which you reside, and that you have given us your consent to allow minors connected to you to use the Services on devices you own, have purchased, or manage.
To use the Services, including accessing or browsing online stores or booking products and services offered by us, you may need to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
Your account activity and the safeguarding of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately display our Products and services in our online stores. However, the display of colors and product appearance may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you book will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities of any product offered to any person, geographic region or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order, you are making a reservation offer. Fantic Bikes reserves the right to accept or reject your order at its sole discretion for any reason (for example, due to the unavailability of the reserved Product, even though Fantic commits to constantly updating the store to show only available Products).
To make a reservation at this store, you will be asked to pay 5% (five percent) of the listed Product price; when you visit the selected retailer, you can make the actual purchase of the Product by paying the remaining 95% (ninety-five percent) of the listed price to the same retailer.
Your order is not confirmed until Fantic Bikes confirms its acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting it, as Fantic Bikes may not be able to accommodate requests to cancel an order after acceptance. If we reject, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when submitting the order.
Your bookings are subject to cancellation or change exclusively in accordance with our Refund Policy.
You represent and warrant that you are making reservations for personal or family use and not for resale or export.
SECTION 4 - PRICING AND INVOICING
Recalling that in our store you do not purchase Products but only reserve them, the prices displayed are the prices at which you can purchase the Products from selected retailers and on which the amount requested for the reservation, equal to 5% (five percent) thereof, is calculated.
Prices, discounts, and offers are subject to change without notice. The price for a Product or service will be the effective price at the time the order is placed and will be visible in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import costs.
Prices published on our online stores may differ from prices offered in physical or online stores, or in other stores operated by third parties. We may occasionally offer promotions on the Services that affect pricing and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all reservations made in our stores, you agree to provide correct, current, and complete information for the reservation, payment, and account. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including any shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY (COUNTRIES AND DELIVERY TIMES)
Once the reservation has been made, we undertake to ship the Product you have reserved to the selected retailer, so that the latter can carry out all the necessary pre-delivery operations (assembly, pre-delivery checks, road testing, and adjustments) by the Collection Date.
We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control (such as the retailer's delay in preparing your product); in this sense, all delivery times are only estimates and are not guaranteed.
Starting from the Collection Date indicated in the confirmation email, you will have 10 (ten) days to go to the selected retailer where you will find the Product ready to be tested/tried by you under the direct supervision of the retailer and then to be actually purchased by you. If, after the test/trial, you decide not to make the purchase, the amount you paid for the reservation will be refunded to you under the terms indicated in our refund policy.
If, within 10 (ten) days after the Collection Date, you do not show up at the selected retailer without notifying Fantic in writing via email to info@fanticbikes.com, indicating your reservation number, Fantic reserves the right to cancel the reservation, retaining the amount you paid for it (equal to 5% of the Product price) as lump-sum compensation/reimbursement for the costs incurred in managing the reservation.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection, and arrangement, are owned by Fantic Bikes, its affiliates, or licensors and are protected by US and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our written consent. Except as expressly stated herein, these Terms do not grant or imply any license or other rights to any patent, trademark, copyright, or other intellectual property of Fantic Bikes, Shopify or any third party. Unauthorized use of the Services may result in violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Fantic Bikes.
Fantic Bikes’ names, logos, product and service names, designs, and slogans are trademarks of Fantic Bikes or its affiliates or licensors. You must not use such marks without the prior written permission of Fantic Bikes. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may gain access to third-party client tools as part of the Services, which we do not verify, control, or endorse.
You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion, and you must also be familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.
In the future, we may offer new functionalities through the Services (including the launch of new tools and resources). Such new functionalities shall be considered part of the Services and are subject to these Terms and Conditions of Service. or to ship the Product you have booked to the selected retailer, so that the latter can carry out all necessary pre-delivery operations (assembly, pre-delivery checks, road testing, and adjustments) by the Collection Date.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the policies and practices of the third parties concerned before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the third parties concerned.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify’s relationship with your store and must not be removed or altered.]
Fantic Bikes is powered by Shopify, which allows us to provide you with the Services. However, sales and purchases you make in our Store are directly with Fantic Bikes. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Fantic Bikes, including any injuries, damages or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to purchases and transactions you make with Fantic Bikes.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be found here, and certain personal data may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you confirm that you have read the aforementioned privacy policies.
As the provider of the Services, Shopify collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties who may reside in countries other than your own. Please see our privacy policy for more information about how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium for any purpose, including commercial purposes. For example, we may assert our rights relating to this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform the obligations, and exercise our rights as set out in the Terms of Service.
In addition, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obliged to, we may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, individuality, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise illegal, offensive, or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You must not use a false email address, nor pretend to be someone else or mislead us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for the Feedback posted by you or by third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information relating to the Services or included therein contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in case of errors at any time and without prior notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) unlawfully or maliciously; (b) violate any local, provincial, state, federal, or international laws, rules, or regulations; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or anyone else; (e) submit false or misleading information; (f) transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (g) send, receive, upload, download, use, or re-use any material which does not comply with these Terms; (h) impersonate or attempt to impersonate another user or any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fantic Bikes, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we believe that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement or stop your access to the Services (or any part thereof) at any time, at our discretion and without notice; you will remain responsible for all amounts due up to the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other clause which, by its nature, survives termination.
SECTION 15 - LIMITATION OF WARRANTY
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly stated by Fantic Bikes, the services and all products offered through them are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, service quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may limit or prohibit the disclaimer of implied warranties or other warranties, so the above disclaimer may not apply to you.
For information on the applicable warranty policy, you will need to refer to the written warranty included with the product you purchase from the dealer. In this regard, Fantic, as the manufacturer, intends to support the responsibilities of the final seller (in your case, the selected dealer) with its own warranty called the Fantic conventional warranty, provided through its authorized technical assistance network, under the conditions that will be listed in the documentation delivered to you along with the product at the time of purchase from the selected dealer.
SECTION 16 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Fantic Bikes, its partners, directors, officers, employees, affiliates, agents, dealers, service providers or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fantic Bikes, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify you promptly does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
Should any clause of these Terms and Conditions of Service be deemed illegal, void, or unenforceable, it shall not be enforceable to the extent permitted by applicable law, and the unenforceable part shall be severed from these Terms and Conditions of Service. Such decision shall not affect the validity and enforceability of the remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our written consent; any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 - APPLICABLE LAWS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where Fantic Bikes is headquartered. You and Fantic Bikes agree to the venue and personal jurisdiction in such courts.
SECTION 22 - QUALIFICATIONS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 - MODIFICATIONS TO THE TERMS AND CONDITIONS OF SERVICE
You can review the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material of these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Service should be sent to newsletter@fanticbikes.com.
Our contact details are listed below:
- FANTIC MOTOR S.P.A.
- info@fanticbikes.com
- Via Leonardo Da Vinci, 11, L.p. Santa Maria di Sala
- 00 042 263 4192
- IT04684370267