GENERAL CONDITIONS OF USE

Welcome on the site www.freespiritsparts.com, official online store of Free Spirits srl reserved for mechanical workshop holders authorized by the law in force in the country in which they operate to the installation of products into motorcycles. Access to and use of the Site are regulated by these General Terms of Use.

Access to and use of the Site, as well as the purchase of products, require reading, knowledge and acceptance of these General Terms of Use and the General Conditions of Sale. The Site is operated by Free Spirits srl with registered office in Italy, Thiene (VI) via Pecori Girardi n. 5, and operational headquarters in Italy, Carrè (VI)  via G. Marconi n. 79, VAT number 03285260240, registered in the Registry of Businesses REA n. 313422 of the Chamber of Commerce in Vicenza (Italy).

1. Information request

1.1. Information request on orders and shipments. For assistance and/or information about orders and shipments of the Products purchased on the Site, or for tips and other general information about the services provided on the Site you can always contact Free Spirits srl by using the following e-mail address [email protected]

1.2. Contract information request. For further legal information concerning the purchase agreement of the Products, please read the General Conditions of Sale section.

1.3 Request for information relating to personal data. For information about the Privacy Policy see the section dedicated to the Privacy Policy.

2. Electronic communication

2.1 Mode of communication. When you use the Site or send us an e-mail or use other modes of communication using your computer or mobile device, you are communicating electronically.

2.2. Written Form. Free Spirits srl for the purposes of the sale contract will communicate in electronic form so you accept that all communication you will receive through this mode of communication will fullfill the requirement of the written form.

3. Amendments to the General Terms of Use

3.1 Right to amendments. Free Spirits srl may modify or simply update, in whole or in part, the General Conditions of Use.

3.2 Notification of amendments and mandation. Amendments and updates of the General Conditions of Use will be notified to users on the site homepage as soon as adopted and will be binding once posted.

4. Privacy Policy

4.1 Read request. Upon access to the Site please read the Privacy Policy, in order to understand how the Site collects and uses your personal information and for what purposes.

4.2. Treatment of data without sales contract. We remind you that the Privacy Policy governs the processing of your data even if you do not place any order or when a sales contract is not formed.

5. Protection of personal data and credentials

5.1  Obligation of custody. We remind you to guard diligently your personal information and your credentials that allow you to access the Site.

5.2. Responsibility. In case of damage or prejudice that Free Spirits srl may suffer in the event of incorrect use of your information or credentials, their theft or loss, you will be held responsible.

6. Protection of intellectual property rights

6.1 Contents. The content of the Site, including but not limited to text, photographs, logos, pictures, description of products, is owned and operated by Free Spirits srl and it is forbidden to copy it, reproduce it or dispose of it in any way, without written consent.

6.2 Printing of the material contained on the Site. You can print the material contained on the Site with the prior permission of Free Spirits srl.

6.3 Use of the Site. You can use the Site only for the following activities: a) to inspect the site and content; b) view the content temporarily, in order to proceed with the purchase of the Products.

7. Inaccessibility to the Site and damages

7.1  Lack of responsibility for technical problems.  Free Spirits srl  accepts no responsibility for any damages resulting from inaccessibility to services on the Site or from damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of content, problems due to network, providers or  telephone and/or data transmission, unauthorized access, alteration of data, failure and/or malfunction of your electronic equipment.

7.2  Lack of responsibility for third-parties activities. The Web site may contain hyperlinks ("links") to other web sites that have no connection with the Site. Free Spirits srl does not control or monitor such websites or their content. Free Spirits srl will not be held responsible for the content of these sites and the rules adopted by them also with regard to your privacy and processing of your personal data during your web-browsing operations. These General Conditions of Use and Privacy Policy do not apply to the website operated by other parties.

8. Applicable law

These Terms and Conditions of Online Sale are governed by the Italian law.

9. Mediation and Arbitration

9.1  Mediation. Any dispute between the Parties relating to or arising from this Contract shall be submitted to a procedure of mediation conducted by a sole mediator, appointed and proceeding in accordance with the Mediation Rules of this body by the local branch – if any – of the Mediation Centre for Europe, the Mediterranean and the Middle East having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.

9.2 Arbitration. In the event of the mediation proceedings not taking place or being unsuccessful, any dispute arising from said relationships between the Parties shall be determined in accordance with the Arbitration Rules and the Internal Rules of the European Court of Arbitration – being part of the European Centre of Arbitration having its seat at Strasbourg (in force at the time the application for arbitration is filed), with right to appeal – unless forbidden by the applicable procedural law – including for wrong choice of the substantive law and or for errors of substantive law and errors of fact, by way of rehearing by an appellate arbitral tribunal (if so allowed by the applicable procedural law), of which adoption of this clause constitutes acceptance. The arbitration proceedings shall be conducted according to the provisions of the said Rules by a sole (1) arbitrator who shall be appointed, by the Central Registrar of Strasburg.

9.3 Confidentiality. The Parties undertake to keep, and to cause their Counsel, advisors, managers, employees and agents to keep strictly confidential the dispute, the facts, the documents, the evidence and the award.

9.4 Duration of the proceedings. The Parties agree to conduct and to cause their Counsel to conduct themselves in a manner which   limits the duration of the proceedings to six months, and to avoid the production of documents and the calling of witnesses who are unnecessary or irrelevant, restraining motion practices, avoiding delays, vexatious or repetitive conduct and in general any over lawyering and accepting to pay to the other parties all legal costs caused by a breach of such commitment, even in cause of final success in the dispute.              

9.5 Reimbursement and interim award. Each Party further undertakes to promptly reimburse the other Parties which should pay its share of any advance requested by the European Court of Arbitration or by its local competent Chapter – if any – for the proceedings and to recognise that the other Parties shall be entitled to an ex parte summary judgment, or other summary proceedings, against it for such repayment. The Parties request the arbitrator to issue as soon as possible an interim award for the part of a claim or cross claim which is undisputed or manifestly grounded.

9.6 Place and languages: The place of the proceedings shall be Vicenza. The language of the proceedings shall be English.