GENERAL CONDITIONS OF SALE

The “General Terms and Conditions of Sale,” which are set forth below, relate to the purchase of Products and Services, made remotely via the Internet network on the website https://fastbrain.it/ belonging to Fastbrain Engineering S.r.l., headquartered at Via Pascal, 7 – 12100 Cuneo (CN), VAT and C.F. 01584440935, Registered in the Register of Companies of Cuneo under no. CN-305509.

  1. Scope and conclusion of the Contract
    1. The Contract entered into between Fastbrain Engineering S.r.l. and the Customer shall be deemed concluded with Fastbrain Engineering S.r.l.’s acceptance, even partial, of the Order. Such acceptance shall be deemed tacit unless otherwise communicated in any manner to the Customer. By placing an Order in the various ways provided, the Customer declares that he/she has read all the information provided to him/her during the purchase procedure, and fully accepts the general and payment conditions transcribed below.
    2. The offer and sale on the Site of the Products constitute a Distance Contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (‘Consumer Code’) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.
    3. These Terms of Sale apply to all sales of Products made by Fastbrain Engineering S.r.l. through the Site (‘Terms of Sale’). They can be changed at any time. Any changes will be in effect from the time they are posted on the Site in the ‘Terms of Sale’ section found in the appropriate Store section of the Site. Users are therefore encouraged to regularly access the Site and consult the most up-to-date version of the Terms of Sale before making any purchases.
    4. Before proceeding with the purchase of Products through the Site, the User is required to carefully read these Terms of Sale, which Fastbrain Engineering S.r.l. makes available to him in the ‘Terms of Sale’ section of the Site and which he is permitted to store and reproduce, as well as all other information that Fastbrain Engineering S.r.l. provides on the Site, both before and during the purchase process.
    5. These Terms of Sale do not govern the sale of Products by parties other than Fastbrain Engineering S.r.l. that are present on the Site through links, banners or other hypertext links. Before transacting business with such parties, it is necessary to check their Terms of Sale. Fastbrain Engineering S.r.l. is not responsible for the provision of services and/or sale of Products by such parties. On the websites that can be consulted through such links, Fastbrain Engineering S.r.l. does not perform any control and/or monitoring. Fastbrain Engineering S.r.l. is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law by them.
    6. The Customer undertakes and is obliged, once the “online” purchase procedure is completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the Product being purchased.
    7. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an Order is excluded. As well as for any delay not attributable to Fastbrain Engineering S.r.l..
    8. The applicable Conditions of Sale are those in effect on the date of transmission of the Purchase Order.
  1. Method of Purchase / Acceptance of Order / Conclusion of Contract
    1. The purchase of Products on the Site may be made only after registration with the Site in the manner set forth in Section 3 below, and is permitted both to Users who hold the status of Consumers and to Users who do not hold that status. Individuals are allowed to purchase only if they are 18 years of age or older.
    2. Pursuant to Art. 3, I paragraph, lett. a) of the Consumer Code, it is recalled that a Consumer is the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
    3. Fastbrain Engineering S.r.l. reserves, the right to refuse or cancel orders that come from:
      • From a User with whom it has ongoing legal litigation;
      • By a User who has previously violated these Terms of Sale;
      • By a User who has been involved in fraud of any kind and, in particular, in fraud related to Credit Card payments;
      • By Users who have issued false, incomplete or otherwise inaccurate identification data or who have failed to promptly send Fastbrain Engineering S.r.l. the documents requested by it as part of the procedure set forth in Section 4.1 Articles IV and V below or who have sent invalid documents.
    1. The Customer may only order the Products in Fastbrain Engineering S.r.l.’s electronic catalog at the time of placing the Order and viewable online at https://fastbrain.it/, as described in the relevant information sheets. The technical information included in https://fastbrain.it/ is provided by the respective manufacturers of the goods. Fastbrain Engineering S.r.l. therefore, reserves the right to change the technical information of the Products to match that provided by the parent companies, without the need for any prior notice. It is understood that the picture accompanying the descriptive sheet of a Product may not be perfectly representative of its characteristics, and differ in color, size, Accessory Products present in the picture.
    2. By sending the Order, the Customer transmits to Fastbrain Engineering S.r.l. a proposal to purchase the selected Product or Products. Sending the Purchase Order implies consent to receive from Fastbrain Engineering S.r.l. subsequent communications, aimed exclusively at the completion to the conclusion and execution of the Sales Contract. Correct receipt of the Order is confirmed by Fastbrain Engineering S.r.l. by means of an e-mail response, sent to the e-mail address provided by the Customer. The response is generated automatically by the system and cannot be considered acceptance of the Order per se, but only confirmation of receipt thereof. This confirmation message will contain the Date and Time of execution of the Order and an ‘Order Number’, to be used in any further communication with Fastbrain Engineering S.r.l.. The message will repeat all the data entered by the Customer, who undertakes to verify their correctness, and to promptly communicate any corrections, in the manner described in this document. If received correctly, the Order can be viewed by the Customer on the site of Fastbrain Engineering S.r.l. in the Personal Area.
    3. Fastbrain Engineering S.r.l. reserves the unquestionable right to accept the Customer’s purchase proposal. In case of non-acceptance of the Order, Fastbrain Engineering S.r.l. will promptly notify the Customer by E-mail.
    4. All Product prices published on the Site are in Euros (€) and are inclusive of VAT and, where applicable, WEEE contribution. Delivery costs, which may vary in relation to the Delivery Method chosen and/or in relation to the Payment Method used, will be specifically indicated (in Euros (€) and including VAT) during the purchase process, before the User is bound by the Contract, in the shopping cart, in the Order summary and in the Order Confirmation E-mail.
    5. Fastbrain Engineering S.r.l. reserves the right to change the price of the Products at any time and even, if necessary, several times during the same day. It is understood that the price of the Product that will be charged to the User will be the price indicated in the Order summary displayed by the User prior to the placing of the Order, and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the Order.
    6. In the event that the User, having met the legal conditions, intends to apply for the application of the subsidized VAT rate of 4%, provided for in Art. 2, Paragraph IX, of Act Feb. 28, 1997, no. 30, in connection with the purchase of technical and computer aids, pursuant to Art. 2, paragraph 9, of Decree Law Dec. 31, 1996, no. 669 (converted by Law No. 30 of Feb. 28, 1997) and Ministerial Decree of March 14, 1998, as well as aids intended for people with permanent functional impairments, pursuant to Presidential Decree No. 633 of Oct. 26, 1972, Tab. A, Part II, Number 41-quater, aimed at facilitating the self-sufficiency and integration of persons with disabilities, the User should contact Customer Service using the appropriate contact form found in the Restricted Area.
    7. Available Products – Fastbrain Engineering S.r.l. will check the actual stock availability of the requested goods and the Customer will be able to view in the appropriate Reserved Area the allocation of the Products. In the Product Catalog published at https://fastbrain.it/,“online” availability is updated on average every 40 minutes during business hours. Since access and the ability to place orders “on line” do not change in real time the availability of the Product, Fastbrain Engineering S.r.l. does not guarantee the certainty of allocation of the ordered goods, until the Order itself is visible in the Reserved Area as Accepted. If the Product is no longer available for the reasons indicated above, or in other cases of the Product becoming unavailable, Fastbrain Engineering S.r.l. will immediately notify the User by E-mail. The User will, therefore, be entitled to cancel the proposed Order.
    8. Unavailable or Inc oming Products – Fastbrain Engineering S.r.l. gives you the option of ordering Unavailable or Incoming Products by undertaking to place the Order with your Distributor. In this case Fastbrain Engineering S.r.l. will acknowledge the Order, communicating the estimated time of availability of the Product, pointed out by the Distributor, thus requesting within 24 hours the confirmation of the acceptance of the estimated time. If on the date estimated by the Distributor for availability, the Products are not available, either party is entitled to terminate the Contract only for the Products not available, unless a new deadline can be agreed upon, again based on the Distributor’s estimated availability time. Fastbrain Engineering S.r.l. reserves the right, should it deem it necessary, to request a deposit as an advance payment.
    9. In the case of orders involving a plurality of Products (‘Multiple Order’), if the unexpected unavailability affects only some of the Products covered by the Multiple Order Fastbrain Engineering S.r.l. will immediately notify the User by E-mail. The User will, therefore, be entitled to cancel the proposed purchase completely or limited to the Product and/or Products that have become unavailable. The Customer agrees to consult the site in the restricted User area, where in the relevant Order will be visible the available Product, with the status “reserved in stock”.
    10. On certain Products, subject to price promotions and for limited quantities, Fastbrain Engineering S.r.l. reserves the right to:
      • Accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the Order shall be deemed cancelled.
      • Cancel the Order if payment is not received by the promotion’s due date and time.
    1. The Order is shipped only when all the requested Products are available. Partial shipments are made in the case of Order with Products of mixed categories/shops and at the discretion of Fastbrain Engineering S.r.l..
    2. The Order can be cancelled by using the appropriate button in the Order in your Private Area. However, the right to cancel the Order is precluded to the Customer:
      • In the event that the goods have been specifically ordered for him from the Supplier and the Supplier has not, in turn, accepted the cancellation of the Order;
      • In case the goods have since been entrusted to the Courier for shipment.
  1. Site Registration
    1. Registration on the Site is free of charge. To register on the Site, the User must fill out the appropriate form, filling in the mandatory fields necessary to process the Order. Each User may take advantage of only one registration to the Site.
    2. Registration with the Site allows the User to perform through the Restricted Area, among others, the following activities:
      • Follow shipment tracking and order status;
      • Consult your order history;
      • Access after-sales services;
      • Manage your personal information and change it at any time;
      • Take advantage of dedicated services that may be activated from time to time by Fastbrain Engineering S.r.l.
    1. The registration credentials (E-mail address and Password) allow the User to make purchases on the Site, therefore, must be kept with extreme care and attention. They can only be used by the User and cannot be given to third parties. The User agrees to keep them secret and ensure that no third party has access to them. He also agrees to inform Fastbrain Engineering S.r.l. immediately if he suspects or becomes aware of any misuse or improper disclosure of the same.
    2. The User warrants that the personal information provided during the Site registration process is complete and truthful and agrees to hold Fastbrain Engineering S.r.l. harmless and indemnified from any damages, compensatory obligations and/or penalties arising out of and/or in any way related to the User’s violation of the rules on Site registration or retention of registration credentials.
  1. Methods of payment
    1. Payment by Credit Card – Concurrently with the conclusion of the online transaction, the Banking Institute of reference will authorize only the commitment of the amount related to the purchase made. The amount related only to the goods processed, even partially, will actually be charged, on the Customer’s Credit Card, only after Fastbrain Engineering S.r.l. has shipped the goods.
      1. Credit cards accepted are all those that rely on the Visa, Mastercard and American Express circuits.
      2. In case of cancellation of the Order, either by the Customer or in case of non-acceptance of the same by Fastbrain Engineering S.r.l., will result in the simultaneous request to cancel the transaction and release the committed amount. Release times, for some types of cards, depend solely on the banking system and can extend to their natural expiration date (typically 24-25 days from the date of authorization). Once the cancellation of the transaction has been made, under no circumstances can Fastbrain Engineering S.r.l. be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount.
      3. In the event that the Customer’s Order is processed after the authorization expiration date, Fastbrain Engineering S.r.l. will contact the Customer before the Order is processed to request a new debit authorization or to agree on different payment methods.
      4. In order to ensure the security of payments made on the Site and to prevent possible fraud, Fastbrain Engineering S.r.l. reserves the right to ask the User, by E-mail, and to send by the same means, a front/back copy of their identity card and in the event that the holder of the Order is different from the holder of the card, of the latter’s identity card. The document must be valid. In the event of timely receipt by Fastbrain Engineering S.r.l. of valid required documentation, the delivery terms applicable to the Order shall commence on the date of receipt of such documentation and confirmation from the bank circuit of title.
      5. As a greater guarantee and security of the Customer, at no time during the purchase procedure Fastbrain Engineering S.r.l. is able to know the information relating to the Buyer’s Credit Card, transmitted via secure connection directly to the site of the Banking Institute handling the transaction that provides for the use of SSL security protocol and the confidential data of the Credit Card (card number, holder expiration date, security code) are encrypted and thus transmitted to the payment manager. No Fastbrain Engineering S.r.l. computer files will retain such data. Under no circumstances, therefore, can Fastbrain Engineering S.r.l. be held liable for any fraudulent and improper use of credit cards by third parties, when paying for Products purchased on Fastbrain Engineering S.r.l..
    1. Prepayment by Bank Transfer – In case of prepayment Fastbrain Engineering S.r.l. will communicate by E-mail to the Customer the instructions for making the payment only after checking the availability of the goods. What is ordered by the Customer will be kept committed until proof of payment is received, to be sent to Fastbrain Engineering S.r.l. via E-mail no later than 3 days from the date of receipt of payment instructions. Shipment of what has been ordered will take place only after Bank confirmation (usually within the next 24-48 hours). Consequently, the delivery terms of the Products will start from the bank confirmation. To expedite the processing of the Order, the Customer must indicate in the reason for the transfer: the reference number of the Order and the date on which the Order was placed.
    2. Payment via PayPal – In case of choosing to pay via PayPal, upon completion of the Order the Customer will be redirected to https://www.paypal.com/it/will make payment for the Products according to the procedure provided for and governed by PayPal and the terms and conditions of the Contract agreed by the User with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Fastbrain Engineering S.r.l. which is therefore unable to know in any way the data of the Credit Card connected to the PayPal account, or the data of any other payment instrument connected with that account. The amount related to the Order is debited from the PayPal account when the Order is acquired. In case of cancellation of the Order, either by the Customer or in case of non-acceptance of the same by Fastbrain Engineering S.r.l., and in any other case of refund, for any reason, the amount of the refund will be credited to the User’s PayPal account. The timing of crediting back to the payment instrument linked to such account depends solely on PayPal and the banking system. Once the Crediting Order has been placed in favor of such account, Fastbrain Engineering S.r.l. cannot be held liable for any delays or omissions in crediting the User with the refund amount, to dispute which the User should contact PayPal directly.
  1. Processing time and delivery of goods
    1. Fulfillment time depends on the availability of the Products ordered, and the payment method chosen. All orders, containing Products in stock, for which confirmation of payment has been received are entrusted to the Courier, indicatively, within the timeframe shown online on the Order Confirmation page. However, these timelines may vary due to logistical needs.
    2. Delivery of Products purchased on the Site may be made, at the User’s option, by alternative means, namely:
      • To the mailing address specified by the User in the Order Form (‘Home Delivery’);
      • At the pick-up point called ‘BRT Point’, selected by the User during the purchase process.
    1. Delivery time of goods
      • Express Courier – Goods will be shipped via Express Courier whose estimated delivery time is indicated in each Product sheet, in the Order Confirmation step and in the Order Confirmation E-mail. Goods tend to be delivered within an average time of 1/4 business day after shipment. The delivery times indicated represent the time normally required to deliver the Products and are provided for indicative purposes only, without assumption of any commitment or guarantee of compliance by Fastbrain Engineering S.r.l.
  1. Mode and cost of delivery
    1. The User acknowledges that taking back the Product is his or her specific obligation. Failure to collect the Product shall not be construed as an exercise of the right of withdrawal under Art. 52 of the Consumer Code and, consequently, will not entitle the User to a refund of the amounts paid by the User for the purchase of the Product. The 14-calendar-day period for exercising the right of withdrawal under Art. 52 of the Consumer Code will run from the date the User picks up the Product. The terms and conditions governing the exercise of the right of withdrawal are described in Section H below to whose contents reference is made in full.
    2. During the purchase process, before the User transmits the Order, the terms within which Fastbrain Engineering S.r.l. undertakes to ship the Products that are the subject of the User’s Order will be indicated, and which also take into account the possibility that the User purchases more than one Product with the same Order. Shipping terms run from the conclusion of the Contract (i.e., the placing of the Order), unless otherwise stated. The shipping deadline for the specific Order will also be indicated in the Order confirmation. In the case of failure to indicate the time limit for shipment, it shall, in any case, be within thirty days from the date of conclusion of the Contract.
    3. Deliveries of Products are made within the Italian territory. Fastbrain Engineering S.r.l. will also accept, at its sole discretion, orders with delivery to other countries. In this case, only payment by bank transfer in advance will be accepted. Shipping charges for orders from other countries are calculated by the system on an approximate basis. The exact transportation costs will be calculated after the Order is placed and communicated to the Customer by E-mail.
    4. For each Order placed Fastbrain Engineering S.r.l. will issue an invoice/tax receipt for the material shipped, sending it via E-mail to the Order holder. The information provided by the Customer at the time of the Order shall be used to issue the invoice. No changes in the invoice will be possible, after the invoice has been issued, nor will it be possible to issue an invoice after the Order has been processed to Customers who have not provided their VAT number at the time of the Order. The User agrees to hold Fastbrain Engineering S.r.l. harmless and indemnified from any damage to the same, including possible penalties, in the event that the data provided by the User through the Site for the issuance of the invoice are not true.
    5. Mode of delivery
      • Express Courier – In the event that the User chooses Home Delivery by Express Courier, the Products purchased on the Site will be sent and delivered to the mailing address indicated by the User on the Order Form.
        • Standard delivery by Express Courier will take place during the following hours: 9 a.m. to 1 p.m.; 2 p.m. to 6 p.m., every day, non-holiday, Monday through Friday. In the case of delivery by appointment, the Customer is contacted by telephone by the Courier to fix the delivery date and time slot (morning or afternoon). Delivery must necessarily be made within 3 working days from the date of telephone contact.
        • Unless explicitly stated in writing by our Customer Service Department, delivery is to the street level. (Delivery does not include the use of special means, such as cranes, forklifts, scaffolding, boats, etc., that are necessary to bring the unit to street level or house level.) The User is required to point out any special features relating to the place of delivery of the Product and/or its location, by inserting a note to the Order, in the space provided for this purpose at the stage of the purchase process and before sending the Order. In the event that you fail to provide such directions or provide incorrect directions, you will be responsible for any additional expenses that Fastbrain Engineering S.r.l. must incur in order to complete delivery of the Product.
        • If the mode of Home Delivery chosen by the User does not provide for delivery at an agreed time, in the event of non-delivery due to the absence of the recipient, the Courier will leave a notice to document the delivery attempt (so-called passing notice). The notice will also contain the contact details at which the User can contact him or her to arrange redelivery or make pickup of the package. After the unsuccessful delivery attempt, the package will go into storage with the Courier. The User is required to pick up the package within 3 calendar days starting from the second day after the day on which the Notice of Passage was left.
        • In the event that the User does not collect the Product within this period, the Purchase Agreement may be deemed to be terminated as of right, pursuant to and in accordance with Art. 1456 c.c. Fastbrain Engineering S.r.l. will then proceed, within 15 working days following the termination of the Contract, to refund the Total Amount Due, if already paid by the User, less the costs of the failed Home Delivery, the costs of storage, the costs of return to Fastbrain Engineering S.r.l. and any other expenses it may have incurred due to non-delivery due to the absence of the recipient. The termination of the Contract and the amount of the refund will be communicated to the User by E-mail. In the case of payment by Credit Card or PayPal, this amount will be credited to the same means of payment used by the User for the purchase. Any delays in crediting may depend on the Banking Institution, the type of Credit Card, or the payment solution used. In other cases, Fastbrain Engineering S.r.l. will ask the User to provide, via E-mail, the bank details necessary to make the refund.
        • All shipments are insured and are made on behalf of the Customer, who is therefore responsible for them, by Express Courier contracted with Fastbrain Engineering S.r.l.. Fastbrain Engineering S.r.l. must consider itself exempt from any liability for loss or damage (damage) of the goods from the moment they are entrusted, without reservation, to the carrier for transport.
        • Upon delivery of the goods by the Courier, the Customer is required to check:
          • That the number of packages being delivered corresponds to what is indicated in the transport document;
          • That the packaging is undamaged, undamaged, not wet or otherwise altered;
          • That no closing materials other than metal staples or special or customized Fastbrain Engineering S.r.l..it tape have been used; the goods also travel with packaging made and sealed directly by the Manufacturer.
        • Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications, must be immediately contested by placing the words ‘ACCEPTED WITH RESERVE’ on the Courier’s delivery receipt indicating “THE REASON” for such reservation (Ex. I accept with reservation because the package is damaged). Placing a generic reservation without justification results in NON-acceptance from insurance coverage of the loss. Once the Courier’s document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.
        • Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported promptly to the Courier and to Fastbrain Engineering S.r.l., and in any case no later than 8 days from ‘delivery by registered mail (art. 1698 c.c.) to the Courier and by email or online ticket to Fastbrain Engineering S.r.l.. Any report for physical harm, beyond the above time limits, cannot be considered. For each statement, the Client assumes full responsibility for what is stated. The Customer from the moment he receives the damaged goods or requests their return to the carrier has a direct and exclusive action against the carrier. It is also required to open an anomaly file with Fastbrain Engineering S.r.l. by contacting Customer Support through the Restricted Area.
      • Delivery at the BRT Point
        • In the case of pickup at the BRT Point, the Customer will be informed by first of the shipment to the pickup point and then of the actual availability for pickup, at the BRT Point. The goods will remain available for collection for 5 working days, after which, they will be returned to Fastbrain Engineering S.r.l. and the Customer will be charged for the handling costs (transport and storage) of the Order.
      • Surcharges – Some special cases involve custom and post order quotation after the Order is placed on the site or shipped, for example:
        – Cases where special equipment is needed, such as crane, forklift, boats, hoist, scaffolding, special vans, access to restricted areas, or additional personnel.
        – Deliveries destined for disadvantaged areas without adequate roads, the Islands, Alpine Valleys and Passes, Venice Lagoon Area.
        The system will alert if there may be additional costs. In this case, we recommend contacting us after the Order to ask if there will be any additional charges for the delivery address entered. The system, in cases where it can detect the problem from the ZIP code, highlights the words “inconvenient ZIP code,” in each case it is the Customer who is assumed to be aware of it.
    1. Freight charges are automatically calculated by the system and vary based on the type of purchase and Products purchased (weight/volume). The maximum shipping charges displayed in the preview, are the standard cost applied to transport the goods in the cart and are discounted differently depending on the payment chosen. The exact total shipping cost is visible, and therefore assessable, by simply placing the Products in the shopping cart. All shipments include the cost of insurance for the full value of the goods.
  1. Right of withdrawal
    1. Pursuant to the Consumer Code in implementation of Directive 2011/83/EU implemented in Italy by THE D. Lgs. FEBRUARY 21, 2014, NO. 21, Customers may decide to withdraw from the purchase they have made, for any reason and without penalty, and obtain a refund of the price already paid in advance payment. The costs of sending the Product from the Customer to Fastbrain Engineering S.r.l. shall be borne by the Customer. The Professional Client will not be able to use the right of withdrawal.
    2. The Customer within 14 days from the date of delivery of the goods, to withdraw from the purchase, must proceed in one of the following ways:
      • Use the “Contact Us” section, in your Private Area and request withdrawal of your purchase.
      • Send a notice by any means – Site, E-mail, Fax, Letter – using the standard form prescribed by law (Withdrawal Form) or submit any other written statement of your decision to withdraw from the Contract;
    1. Withdrawal will be deemed to have been exercised if the Customer has sent the notice regarding the exercise of the right of withdrawal by the end of the Withdrawal Period.
    2. The goods to be returned must be properly packaged (the affixing of labels or adhesive tapes directly on the original Product packaging should be avoided in all cases) and shipped, without undue delay, and in any case within 14 days from the day on which the withdrawal from the Contract was communicated by the Customer. In order not to damage the original packaging, the Product must be placed in additional packaging as the original packaging must be considered part of the Product for the purpose of exercising the right of withdrawal.
    3. The right of withdrawal is also subject to the following mandatory conditions:
      • The Customer shall return the Product complete with all its parts;
      • Once opened, you cannot return Audiovisual Products, sealed computer software (including those attached to hardware) or consumables;
      • It is not possible to render Products specially created and/or customized for the Consumer;
      • It is not possible to make perishable goods or goods that change quickly;
      • It is not possible to render services that, before the expiration of the period for exercising withdrawal, have already been performed with the consent of the Consumer;
      • The Product must be returned in its original packaging, complete with all accessories and its documentation;
      • The Product must be returned in perfect condition, Products showing signs of damage, wear or dirt will not be accepted;
    1. Goods should be shipped to: Fastbrain Engineering S.r.l. – Strada del Cascinotto 132 – 10122 Torino (TO) – indicating on the outside of the package the Order number.
    2. In the event that the Customer has provided for the return of the Product using a carrier at its own expense and of its own choice, Fastbrain Engineering S.r.l. may suspend the refund until receipt of the Product.
    3. In the event that the Consumer is unable to return the goods by mail and/or other carrier of his or her choice or wishes to use a Fastbrain Engineering S.r.l. Courier, the estimated maximum return cost is listed below:
      – Approx. €15.00 weight of goods from 0.01 kg. to 10 kg.
      – Approx. €25.00 weight of goods from 10.01 kg. to 30 kg.
      – Approx. € 59.00 weight of goods from 30.01 kg. to 50 kg.
      – Approximately €24.00 per 20Kg weight of goods above 50 kg.
      The cost may increase based on: weight/volume ratio of Products, the value of goods to be insured, for shipments from Islands, Venice and inconvenient areas. In case the Customer chooses to use Fastbrain Engineering S.r.l. Courier for the return, the charges will be invoiced and deducted from the refund;
    4. Shipping for the return of the Product, in case the Customer ships with its own Courier, is the responsibility of the Customer until Fastbrain Engineering S.r.l. confirms receipt of the Product. In the event that the Product suffers damage during its return to the warehouses, it will be the responsibility of Fastbrain Engineering S.r.l. to notify the Customer so that it can file a complaint against the Courier and obtain insurance reimbursement. Fastbrain Engineering S.r.l. will immediately make the Product available to the Customer, canceling the withdrawal.
    5. In the event that the withdrawal is not exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the Contract and, consequently, will not entitle to any refund. Fastbrain Engineering S.r.l. will notify the Customer, by E-mail, within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product will remain at Fastbrain Engineering S.r.l. at the Customer’s disposal for collection, which must take place at the Customer’s expense and responsibility.
    6. The Customer shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. However, the Product shall be stored, handled and inspected with normal diligence and returned undamaged, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with the identification tags, labels and disposable seal, if any, still attached to the Product and undamaged and not tampered with, as well as perfectly fit for its intended use and free of signs of wear or dirt.
    7. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the good other than what is necessary to establish the nature, characteristics, and operation of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Of the circumstance and the resulting decreased refund amount, Fastbrain Engineering S.r.l. will notify the Customer by E-mail, within 5 working days of receipt of the Product.
    8. Fastbrain Engineering S.r.l. will make the refund within 14 days from the date of return of the Product to its warehouses, or from the date on which the Customer sends proof of actual delivery of the goods to the Courier, and only if the conditions set out in art. 7.5 above, and where the returned Product and its packaging have the characteristics set forth in Art. 7.4 above. Reimbursement will be for the total amount paid by the Customer for the Product, including delivery costs, excluding any additional costs resulting from the Customer’s choice, if any, of a type of delivery other than standard delivery. Refunds can be made by bank transfer, transfer to Credit Card or PayPal refund.
    9. The right of withdrawal, even if already exercised, is forfeited if the Customer does not return the goods to Fastbrain Engineering S.r.l. within 14 days of exercising the right of withdrawal. For the purpose of expiration of the term, goods are considered to be returned at the time they are handed over to the carrier or freight forwarder.
  1. Warranty Conditions
    1. All Products sold on the Site are New, except where explicitly stated, and are covered by the ‘Legal Warranty’ of conformity provided for in Articles 128-135 of the Consumer Code. To take advantage of warranty service, the Customer must keep the invoice or any other document that can attest to the date the purchase was made and the date of delivery.
    2. To whom it applies – The Legal Guarantee is reserved for Consumers. It, therefore, applies, only to Users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the status of Consumers will be subject to the Warranty for defects in the thing sold, the Warranty for defects in promised and essential qualities, and the other Warranties provided by the Civil Code with their terms, forfeitures and limitations.
    3. When it applies – The Seller is liable to the Consumer for any lack of conformity that exists at the time of delivery of the Product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the Warranty, within two months from the date it was discovered. Unless proven otherwise, defects in conformity that become apparent within six months of delivery of the Products shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the conformity defect. On the other hand, starting from the seventh month following the delivery of the Product, the onus will be on the Consumer to prove that the conformity defect existed when the Product was delivered.
    4. What is conformity def ect – A conformity defect occurs when the purchased good:
      • It is not suitable for the use to which goods of the same type are customarily put;
      • It does not conform to the description made by the Seller and does not possess the qualities of the good that the Seller has presented to the Consumer as a sample or model;
      • It does not present the usual qualities and performance of a good of the same type, which the Consumer may reasonably expect, taking into account also the statements made in advertising or labeling;
      • It is not suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller, at the time of the conclusion of the Contract, and which the Seller has accepted.
    1. Therefore, any failures or malfunctions caused by accidental events, or by the Customer’s responsibility, or by use of the Product not in accordance with its intended use, and/or with what is provided in the technical documentation attached to the Product, are excluded from the scope of the Legal Warranty.
    2. Remedies available to the Customer – In case of a conformity defect duly reported within the terms, the Customer has the right:
      • Primarily, to the repair or replacement of the property free of charge, at its option, unless the remedy sought is objectively impossible or excessively burdensome compared to the other;
      • On a secondary basis (i.e., in the event that repair or replacement is impossible or excessively burdensome, or repair or replacement has not been carried out within a reasonable period of time, or repair or replacement previously carried out has caused significant inconvenience to the Consumer) to the reduction of the price or termination of the Contract, at its option.
    1. The remedy sought is unduly burdensome if it imposes unreasonable expenses on the Seller in comparison with alternative remedies that can be pursued, taking into account:
      • Of the value the good would have if there were no conformity defect;
      • Of the extent of the conformity defect;
      • Of whether the alternative remedy can be exhausted without significant inconvenience to the Consumer.
    1. What to do if there is a Conformity Def ect – In the event that a Product, during the term of the Legal Warranty, manifests what may be a Conformity Defect, the Customer should contact Customer Service. Fastbrain Engineering S.r.l. will promptly acknowledge the communication of the alleged conformity defect and will indicate to the Customer the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect. Depending on the type of Product, Customer Service will indicate to the Customer whether:
      I. The Product may be sent to Fastbrain Engineering S.r.l. for onward shipment to the appropriate service center;
      II. If on-site assistance is provided.
      It is understood that Fastbrain Engineering S.r.l. is the party responsible for the application of the Legal Warranty in relation to the Products
    1. In the case of Art. 8.8 (I) above, Fastbrain Engineering S.r.l. will collect the Product and send it to the appropriate service center. In the case provided for in Art. 8.8 (II) above, on the other hand, Fastbrain Engineering S.r.l. will agree with the Customer on a convenient date for on-site assistance access or will directly provide on-site assistance references with which the Customer can directly agree on a convenient date.
    2. In any case, the competent service center will carry out the necessary checks to ascertain the existence or non-existence of the conformity defect complained of. In the event that the defect exists, if the Customer has chosen, among the available remedies, repair, the service center will proceed to repair. If, on the other hand, the Customer has chosen replacement and it is not excessively onerous or objectively impossible for Fastbrain Engineering S.r.l. compared to repair, Fastbrain Engineering S.r.l. will replace the Product. If the service center finds the conformity defect, any repair/replacement costs will be borne by Fastbrain Engineering S.r.l.. If the service center does not find the lack of conformity, it will not be possible to apply the Legal Warranty and, therefore, the costs of any repair or replacement will be borne by the Customer. Fastbrain Engineering S.r.l. will inform the Customer and the circumstance and any costs to be incurred for repair or replacement. Fastbrain Engineering S.r.l. reserves the right to send the Customer the estimate issued by the service center, so that the Customer can decide whether or not to have the repair or replacement carried out at its own expense. The Customer must authorize the repair or replacement at his own expense in writing. As a result of such acceptance, a direct relationship will be established between the service center and the Customer to which Fastbrain Engineering S.r.l. will be completely unrelated and with respect to which no responsibility can be attributed to it.
    3. In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 60 calendar days from the day Fastbrain Engineering S.r.l. received the defective Product. In the event that the replacement or repair initially chosen is not carried out within this period, the Customer may request one of the alternative remedies under the Legal Warranty (replacement, if repair was requested; repair if replacement was requested; price reduction or termination of the Contract).
  1. Conventional Manufacturer’s Warranty
    1. Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the Manufacturer (‘Conventional Warranty’). The Customer may enforce this warranty only against the Manufacturer. The duration, extension, including territorial extension, conditions and modalities of use, types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual Manufacturer and are indicated in the so-called warranty certificate contained in the Product’s packaging and/or on the Manufacturer’s website. The purchase of material on the Site implies full acceptance of the warranty conditions provided by the Manufacturer, which may be independent of the will of the Site itself. The Customer, therefore, is aware that the purchased goods will be guaranteed by the Producer and under the conditions provided by the same, and accepts, therefore, removed any reservation, all the procedures for the provision of the guarantee of the Producer, also with reference, purely by way of example, to the subject managing the guarantee also different from the Site. The Conventional Warranty is voluntary in nature for Consumers only and does not replace, limit or impair or exclude, the Legal Warranty.
  1. Complaints
    1. Any complaints should be addressed to Fastbrain Engineering S.r.l. via Site (Contact Us section), via E-mail info(at)fastbrain.it or via mail Strada del Cascinotto, 132 – 10156 Torino (TO).
  1. Applicable law – Out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution
    1. The Contract of Sale between the Customer and Fastbrain Engineering S.r.l. is concluded in Italy and governed by Italian Law.
    2. For any dispute, relating to the application, execution and interpretation of these Terms of Sale is competent: in case the Customer is an EU Consumer, the court of reference of his town of residence; in all other cases, being mandatory specific acceptance with click of the Terms of Sale, the territorial jurisdiction is exclusively that of the Court of Fermo. (Judgment of the European Court of Justice May 21, 2015, Case C-322/14)
    3. It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
    4. Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree September 6, 2005, no. 206 (Consumer Code), Fastbrain Engineering S.r.l. informs the User who holds the status of Consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to Fastbrain Engineering S.r.l, as a result of which, however, it was not possible to resolve the dispute thus arising, Fastbrain Engineering S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a Contract concluded under these Terms of Sale (so called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself. Fastbrain Engineering S.r.l. also informs the User who holds the status of Consumer referred to in Article 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of Consumer disputes (so-called ODR platform). The ODR platform can be accessed at the following address. http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Consumer User will be able to consult the list of ADR entities, find the link to the website of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved. This is without prejudice in any case to the User Consumer’s right to bring the dispute arising from these Terms of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. The User who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these Terms of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro (€) 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.