English
Terms of Service
This document sets out the general terms and conditions under which users are offered access to the forever-tuning.com website .
- Definitions
To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meanings indicated below:
- Owner: TuningForever
- Website: the website forever-tuning.com
- Products: the products provided to the user by the Owner
- User: any person who accesses and uses the Site
- Consumer User: the adult natural person who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any
- Non-Consumer User: the adult natural person or legal person who enters into a contract for the performance or needs of their entrepreneurial, commercial, artisanal or professional activity
- Conditions: this contract governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Site.
- Detailed information on the Site’s offering
The Site provides Users with: car diagnostic tools, special software.
- Scope of application of the Conditions
Use of the Site implies acceptance of the Terms and Conditions by the User. If the User does not accept the Terms and/or any other notices, legal notices, or information published or referenced therein, he or she may not use the Site or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Site, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change, at its sole discretion, at any time, even after the User’s registration, the Site’s graphical interface, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Site, communicating the relevant instructions to the User, where necessary.
- Purchase or request for supply via the Site
All Products offered through the Site are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies, or small differences between the information published on the Site and the actual Product may occur. Furthermore, any Product images are for illustrative purposes only and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products via the Site are permitted to both Consumer Users and Non-Consumer Users.
Purchases and/or requests for supplies are permitted only to individuals of legal age. For minors, any purchase and/or request for supplies of Products through the Site must be reviewed and authorized by their parents or guardians.
The offer of Products via the Site constitutes an invitation to offer, and the order submitted by the User will constitute a contractual proposal to purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User’s order, without the User being entitled to raise any objections or complaints for any reason whatsoever.
The contract for the sale or supply of Products is deemed concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the email address provided by the User or by displaying an order confirmation web page. This page will contain the order date, User information, Product characteristics and availability, the price or price calculation method, any additional charges and taxes, the delivery address, delivery times and costs, the methods for exercising the right of withdrawal or its exclusion, and the warranty.
The contract for the sale or supply of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
If the Product is unavailable, the Owner will inform the User of the new delivery or supply terms, asking whether or not to confirm the order. It is understood that the contract will be deemed finalized for the Products accepted by the Owner.
The User undertakes to verify the accuracy of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the related confirmation and the Conditions.
- Registration
To use the Site’s features, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://forever-tuning.com/policies/privacy-policy) and the Conditions.
The User is responsible for safeguarding their login credentials, which must be used exclusively by the User and may not be disclosed to third parties. The User undertakes to keep them confidential and to ensure that no third parties have access to them, and to immediately inform the Owner if they suspect or become aware of any misuse or improper disclosure of their credentials.
The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to indemnify and hold the Owner harmless from any damages, compensation obligations and/or sanctions arising from and/or in any way connected to the User’s violation of the rules regarding registration on the Site or the storage of registration credentials.
- Account cancellation and closure
The registered User may stop using the Site at any time and deactivate his/her account or request its cancellation through the Site interface, if possible, or by sending a written communication to the e-mail address info@forever-tuning.com .
In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User’s account at any time and without notice.
- Prices and payments
For each Product, the price is indicated, including VAT, if applicable. If the nature of the Product makes it impossible to calculate the price in advance, the price calculation methods are indicated.
Furthermore, any taxes, additional fees, and delivery charges that may vary depending on the destination, delivery method selected, and/or payment method used will be indicated. If these costs cannot reasonably be calculated in advance, the costs to be charged to the User will be indicated.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will not affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product within the time and manner indicated on the Site and to communicate all necessary data that may be requested.
The Site uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
If such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.
- Delivery methods for material products
Physical Products and/or digital goods supplied on a physical medium will be delivered to the address indicated by the User, using the methods and within the timeframe chosen or indicated on the Site and reported in the order confirmation. Unless otherwise specified, the delivery times specified in the order confirmation indicate the period of time typically required to deliver the Product from the time the courier picks up the order.
In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make supply impossible.
If the User does not intend to accept the new deadline or delivery has become impossible, he or she may request a refund of the amount paid, which will be promptly credited using the same payment method used by the User for the purchase, within 14 days of the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. If there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and return it free of charge. Once the delivery document has been signed, the User may not raise any objections regarding the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third party for damages, losses, or costs incurred as a result of failure to perform the contract due to force majeure.
- Exclusion of the right of withdrawal for non-consumer users
Non-Consumer Users are not granted the right to withdraw from the contract for the sale or supply of Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided.
- Exclusion of the Consumer User’s right of withdrawal
The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:
- to the supply of tailor-made or clearly personalized products
For further information, please contact the Data Controller at the email address info@forever-tuning.com .
- Warranty of Material Products for Non-Consumer Users
In relation to material Products, non-Consumer Users will be covered by the guarantees for defects in the item sold, the guarantee for lack of promised and essential qualities and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations (articles 1490 et seq. of the civil code).
- Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity, provided for by Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Site that fall into the category of “consumer goods”, as governed by Article 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or otherwise sold by judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where applicable, the following circumstances coexist:
- they are suitable for the use for which goods of the same type are normally used
- they conform to the description given by the Owner and possess the qualities of the goods that the seller presented to the Consumer User as a sample or model
- they present the quality and performance which are usual in goods of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or his agent or representative, particularly in advertising or on labelling
- they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and which the Owner has also accepted by conclusive facts.
Therefore, any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with what is provided for in the attached technical documentation are excluded from the scope of the guarantee of conformity.
Any lack of conformity that becomes apparent within 24 months of the date of delivery of the Product must be reported within 2 months of the date of discovery of the defect.
Unless proven otherwise, any defects of conformity that become apparent within 6 months of delivery of the Product are presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity. After 6 months, the Consumer User will be required to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a Product’s lack of conformity, the Consumer User has the right to have the Product’s conformity restored, free of charge. To this end, the Consumer User may choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User is entitled to an appropriate price reduction or termination of the contract only if one of the following situations occurs: i) repair or replacement are impossible or excessively onerous; ii) the Owner has failed to repair or replace the product within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@forever-tuning.com .
The Owner will promptly respond to the notification of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
- Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the Content available on the Site. Therefore, all trademarks, figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, logos, and content relating to the Site are and remain the property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Site and/or any individual contents and/or materials available therein, unless otherwise provided.
Any unauthorized reproduction in any form of the explanatory texts and Contents of the Site will be considered a violation of the Owner’s intellectual and industrial property rights.
- Disclaimer of warranty
The Site is provided “as is” and “as available” and the Owner does not provide any express or implied warranty in relation to the Site, nor does it provide any warranty that the Site will meet the Users’ needs or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will make every effort to ensure that the Site is available 24/7, but cannot be held liable if, for any reason, the Site is unavailable and/or unoperational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure.
- Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet that are beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses, and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use of credit cards and other payment methods by third parties, as it does not in any way come into contact with the payment data used (credit card number, cardholder name, password, etc.).
The Owner will not be responsible for:
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
- incorrect or unsuitable use of the Site by Users or third parties
- the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being the only person responsible for the correct entry
Under no circumstances will the Owner be held liable for an amount greater than the cost paid by the User.
- Force majeure
The Owner shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond the reasonable control of the Owner, such as force majeure events or, in any case, unforeseen and unforeseeable events, which are, in any case, independent of its will.
The Owner’s fulfillment of its obligations will be deemed suspended for the period in which force majeure events occur.
The Owner will take any action within its power to identify solutions that allow for the correct fulfillment of its obligations despite the persistence of force majeure events.
- Link to third party sites
The Site may contain links to third-party sites/applications. The Owner has no control over these sites and, therefore, is in no way responsible for the content of these sites/applications.
Some of these links may lead to third-party websites/applications that provide services through the Site. In these cases, the general terms and conditions for use of the website/application and the service provided by the third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
- Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at https://forever-tuning.com/informativa-sulla-privacy/
- Applicable law and competent court
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the Site, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the Civil Procedure Code.
The Site shall be without prejudice to any more favorable and mandatory provisions of the law of the country in which Consumer Users do not have their habitual residence in Italy, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
For non-Consumer Users, any dispute relating to the Site, execution and interpretation of these Conditions will be referred to the court of the place where the Owner is based.
- Online Dispute Resolution for Consumer Users
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, Consumers may use this platform to resolve any dispute arising from contracts concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 05/23/2022