Terms and Conditions - EU

Last update: June 14, 2023

1.1.    The site linked to the domain name "www.fullspeedahead.com" (hereinafter, the "Site"), owned by F.S.A. S.R.L. (VAT n. 03554300966), with registered office in 20123 – Milan (MI), Via Francesco Petrarca, no. 4, Italy (hereinafter, the “Company”), is dedicated to the presentation of the Company and the sale of high-quality components for road and mountain bikes (hereinafter “Products”).
1.2.    The present terms and conditions of use of the Site (hereinafter, "TCU") regulate the terms and conditions under which the Company grants the users of the Site (hereinafter, "Users") the right to browse the Site and use the services it offers.
1.3.    Browsing, registration to the Site, subscription to the newsletter and using the Site's contact form are subject to acceptance of the TCU, the privacy policy [in hypertext link that refers to it] (hereinafter, "Privacy Policy") and the cookie policy [in hypertext link that refers to it] (hereinafter, "Cookie Policy"), acceptance of which is deemed to be definitive when the User consults any page of the Site.
1.4.    If the User does not wish to accept these TCU, the Privacy Policy and the Cookie Policy, it is sufficient for the User not to navigate on the Site.
1.5.    Besides this TCU are published on the Site specific Terms & Conditions for consumers that are interested to purchase products by means of the e-commerce platform present on the Site [“Terms & Conditions for consumers” in hypertext link that refers to it].
1.6.    Moreover, in this Site are published specific Terms & Conditions for Business to business dedicated to Company’s Product purchased by any means (by telephone, FAX, internet or verbally) by professional consumers [“Terms & Conditions for Business to business” in hypertext link that refers to it].

2.1.    Through the Site, the Company promotes and sells products and services provided by itself or through related companies and may send promotional communications. 
2.2.    Newsletter. By completing the registration procedure for the newsletter offered on the Site and therefore authorising the Company to process the data provided, the User accepts to receive messages, including advertising messages processed also by means of automatic third-party message sending tools. The User may unsubscribe at any time from the newsletter by clicking on the appropriate link at the bottom of the messages or by accessing the "newsletter" section of the Site and selecting the appropriate options. The Site's newsletter service is not intended for minors under 16 years of age or who require parental consent for processing of their personal data or requires for the processing thereof under other local laws. For further information in this regard, the User is invited to consult the "Minors" section of the Privacy Policy [in hyperlink to it].
2.3.    Contact form. The User may contact the Company to request information by filing the contact form provided on the Site and authorising the Company to process the data provided. The Site's contact form service is not intended for minors under 16 years of age or who require parental consent for processing of their personal data or requires for the processing thereof under other local laws. For further information in this regard, the User is invited to consult the "Minors" section of the Privacy Policy [in hyperlink to it].
2.4.    Sale of the Products. Through the Site, the Company sells the Products both to consumers and professionals. The sale of the Products to consumers is governed by the B2C terms and conditions of sale [in hyperlink to it] (hereinafter, “B2C T&C”). The sale of the company's products to professionals is governed by the B2B terms and conditions of sale [in hyperlink to it] ((hereinafter, “B2B T&C”).

3.1.    The registration on the Site is free of charge and is not mandatory to browse the Site.
3.2.    To register, the User must complete the registration form by entering his first name, last name, email, telephone number, address, password and click on “SUBMIT” at the bottom of the form. The registration will be confirmed to the User by email.
3.3.    The registration credential may only be used by the User and may not be shared to third parties. The User undertakes to keep them secret and to ensure that no one has access to them. The User shall inform the Company immediately of any suspected misuse and/or disclosure.
3.4.    The User guarantees that the personal information provided during the registration process are complete and true. The User undertakes to indemnify the Company from any obligation to pay damages and/or penalties resulting from the User’s breach of the rules of the registration to the Site.

4.1.    Without prejudice to the conclusion of sales contracts in accordance with the B2C T&C, the Company authorises the User to view and consult the Site exclusively for personal and non-commercial use and for the solely purposes of these TCU.

5.1.    The User may not modify, publish, reproduce, licence, transfer, republish on third party sites, sell the services, documents, images, texts or content published on the Site, unless expressly authorized to do so by the Company.

6.1.    The User agrees that he/she shall be solely responsible for any breach to comply with the obligations set out in these TCU and for the consequences of any such breach.
6.2.    The User who uses the newsletter and/or the contact form on the Site is obliged to provide true, correct, verifiable and updated personal data. Furthermore, he/she acknowledges that he/she is solely responsible for the data provided, whether it be personal data, photos, comments or other, and releases the Company from any liability.

7.1.    The User acknowledges that the name and trademark "FSA" and “FULL SPEAD AHEAD” (and any graphic variant thereof), as well as any other distinctive sign used as proprietary on the Site, as well as the software underlying the Site, the design of the pages and their elements, and the texts are subject to the exclusive rights of the Company or related companies (hereinafter, "Intellectual Property").
7.2.    The User of the Site acknowledges the validity of the Intellectual Property and undertakes not to contest it and acknowledges that he/she has no right to all or part of the Intellectual Property.
7.3.    The Site may contain intellectual property rights of third parties, which the User undertakes to respect.
7.4.    The User is prohibited from using the trademarks referred to in article 7.1 of these TCU in the User’s or third party business name, company name or trademark(s), even in combination with other names, terms and/or words. The User is also prohibited from registering or attempting to register all or part of the Intellectual Property.
7.5.    If the User will publish on the Site any digital content, this will be considered originally exclusive property of the Company which shall have the right to use it worldwide and forever for commercial and non-commercial purposes.

8.1.    The Site and the services provided by it, which are provided on an "as is" and "as available" basis, do not warrant to the User that the use of the Site will be uninterrupted, timely, secure, or error-free, or that any information obtained by the User as a result of the use of the Site will be accurate or reliable, or that defects in the operation of the Site will be corrected.
8.2.    The Company shall not be liable, either to the User or any parties directly or indirectly connected to the User, for any damage, claim or loss resulting from the inefficiency or suspension of the Site caused by the User or any third party or due to force majeure or unforeseeable circumstances. 
8.3.    The existence of a hypertext link to the Site from another third party website, or pointing from the Site to another third party website, does not imply that the Company endorses or accepts any responsibility for the content or use of the sites so linked. 
8.4.    The Company reserves the right, at any time, without any form of prior notice and without any obligation to provide compensation and at its sole discretion, to close the Site and/or make any changes and/or additions to its content that it deems appropriate.

9.1.    No conditions, warranties or other terms apply to the Site except as expressly set out in these TCU.
9.2.    To the extent permitted by law, the Company shall not be liable to the User for any direct or indirect or consequential loss that he or she may suffer from the use of the Site, including loss of profit, absence of profit, damage to image or reputation and others.

10.    PRIVACY
10.1.    The User's personal data will be processed by the Company in accordance with the current legislation on data protection.
10.2.    For further information, including the purposes of the processing, please refer to the Privacy Policy [insert hyperlink to the Privacy Policy] and the Cookie Policy [insert hyperlink to the Cookie Policy].

11.1.    These TCU are governed by Italian law. Any disputes that may arise between the Company and the Users in connection with or related to the use of the Site, if it cannot be resolved amicably, shall be subject to Italian jurisdiction and shall fall under the exclusive territorial jurisdiction of the Court of Milan, without prejudice to the consumer jurisdiction, where applicable by law.

12.1.    These TCU abrogate and replace all previous agreements, understandings, negotiations, whether written or oral, between the parties.
12.2.    In the event that one or more provisions of the TCU are deemed or declared invalid by law, the other provisions shall remain in full force and effect.
12.3.    Failure by User or the Company to exercise at any time the rights recognised by one or more of the provisions of these TCU shall not be construed as a waiver of such rights, nor shall it prevent the User or the Company from subsequently demanding compliance with such rights.
12.4.    These TCU may be updated, please refer to the published version and date of update.