Terms & conditions

Terms & conditions - EU

1.1. These general conditions of sale apply to the purchase of CHALLENGE branded products (hereinafter "Products") made through the e-commerce site www.challengetires.com (hereinafter referred to as " Site ") by qualified users as "Consumers" under the following Articles.

1.2. The Site, owned by JARM Technologies SA, with registered office in: Via Circonvallazione 3 - 6965 Cadro (Switzerland), (hereinafter referred to as "Owner"), is managed by BREWO Srl - with legal seat in Via Gattamela 41 - 20149 Milan (Italy), V.A.T Nr: IT12268330151, Chamber of Commerce Nr: MI-1543163 and operative offices in Via Petracci 13, 54038 Montignoso (MS) – Italy, (hereinafter "BREWO").

1.2. BREWO deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products through the Site will be considered as part of BREWO, as the seller (hereinafter "Seller"), and the person who purchases one or more Products for purposes other than their business, commercial, craft or professional, as buyer (hereinafter referred to as the "Consumer"). Seller and Consumer will be collectively referred to as the "Parties" below.

1.3. The Owner is NOT part of these general terms and conditions of sale, however holds the rights to the domain name of the Site, logos and trademarks, photography of the products presented on the Site, as the copyright of the content of the Site.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising the right of withdrawal, etc. - must be sent to the Seller by sending an email to the address shown on the Site: sales@challengetires.com.

1.5. Each purchase is governed by these general conditions of sale in the version that will appear on the Site at the time of delivery of the order to the Consumer.

1.6. The shop of the Site is dedicated to B2C, for retail sale to the end consumer.

1.7. In order to complete the purchasing process and submit the order to the Seller, the Consumer needs to agree and confirm both the Privacy Policy and the Terms & Conditions of the sale by checking the relevant box.

1.8. In order to make a purchase through the Site, the Consumer should be at least 18 years old.

1.9. The Consumer is exclusively liable for any costs for the Internet connection to the Site, including telephone charges, according to the rates applied by the Consumer’s provider.

2. Product Characteristics and Availability in Different Geographic Areas

2.1. The Products are sold with the features described on the Site and according to the general terms of sale published on the Site at the time of despatch of the order to the Consumer.

2.2. The Seller reserves the right to modify these general sales conditions at any time, at its sole discretion, without any prior notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply to sales concluded from that date on.

2.3. The Prices and Products sold on the Site and the features on the Site are subject to change without notice. Before sending the purchase order under point 3, the Consumer is encouraged to check the products and the final price of the sale.

2.5 The Site may access users worldwide and the Site may contain references to Products that are unavailable or are not available for purchase in a certain visitor’s country.

2.6 Products available on the Site are only available for purchase to Consumers of those countries listed in the shop section at time of purchase.

3. Methods of purchasing Products – Finalization of each and every purchase contract

3.1. The presentation of Products on the Site, which is not binding on the Seller, is a mere invitation addressed to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller through the Site is of value to the contractual proposal and is governed by these general terms and conditions of sale, which the Consumer is required to carefully read and accept.

3.3. The purchase order of the Consumer is accepted by the Seller by sending the Consumer an email confirmation of the order itself, which will list the name of the Products ordered, part number and description. The order of the Consumer, the confirmation of the order by the Seller, and the general terms of sale applicable to the relationship between the Parties will be filed electronically by the Seller in their IT systems, and the Consumer may request a copy by sending an e-mail to the Sellers’ address at sales@challengetires.com.

3.4. Each purchase agreement of Products shall be deemed approved by the Seller when the Consumer receives the order confirmation by e-mail.

4. Selection and purchase of Products

4.1. Products presented on the Site may only be purchased through the purchase procedure on the Site and are not deemed valid, nor are accepted, attempts to purchase and/or make a reservations by e-mail, fax or other means other than the said purchase procedure. This procedure involves the selection of Products of interest to purchase to go into the virtual shopping cart. Once the Products are selected, to purchase the Products in the shopping cart, the Consumer will be invited to register to the Site by providing the required data or log in, if the Consumer is already registered, or alternatively, is required to provide all the necessary personal data each time, in order to allow for completion of the order and contract. To enable the purchase, the Consumer will be required to confirm their details (including, but not limited to, their name, surname, etc.) as well as the address where the selected Products will be delivered, the billing address and a telephone number where one can be contacted for any communication regarding the purchase made. The Consumer will see a summary of the order to be executed, which he will still be able to modify before the payment. The Consumer, upon careful reading, will have to expressly approve these general sales conditions through the relevant check box on the Site in order to proceed to finalize the purchase and confirm his order, which will be permanently sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. Consumers will also be asked to choose the shipping mode and payment method, among those available. Upon deciding on any of the immediate payment methods for the purchase, by credit card, PayPal or instant bank transfer, the Consumer will be required to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Consumer.

4.2. If, during the process of selecting Products on the Site referred to in Section 4.1 above, the Consumer acknowledges that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than the one normally applied, net of any discounts and/or promotions at this time, due to an obvious technical problem occurring on the Site, please do not complete your purchase order and report this technical error to the Customer Service division of the Seller, by sending an e-mail to the email address: sales@challengetires.com.

4.3. In cases where the Consumer has completed his purchase which includes a Product whose price is clearly lower than the one published on the Site, net of any discounts and/or promotions at that time, due to an obvious technical problem that occurred on the Site, the following steps can be taken:

(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, thus the delivery and sending at the same time a notice via email to that regard to the Consumer (ii) and reimburse the Consumer in respect of the cancelled order, including delivery costs, without undue delay and in any case not later than 14 days and using the same means of payment used by the Consumer for the initial transaction;

(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer by email of the Error occurred during the Completion Process. The Consumer will be offered the following alternatives, (i) to pay the difference to the Seller, within the next 5 (five) days by means of one of the payment methods available on the Site. The amount will be corresponding to the difference between the correct published price of the Product and the incorrect price which resulted on the final purchase order; or (ii) to cancel accepting the order and returning the Product to the Seller, at the expense of the latter, not later than 14 (fourteen) days, by sending it to BREWO Srl Via Petracci 13, 54038 Montignoso (MS)-Italy, in its integral packaging, without any damage, including any instructions contained in the original packaging. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller shall refund the Consumer of the payment made by the same, in respect of the cancelled order, including delivery costs, without undue delay, and in any case not later than 14 days after the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.

5. Delivery of goods and acceptance

5.1. Generally, the Site indicates the availability of the Products, however, such information is to be considered as purely indicative and non-binding for the Seller.

5.2 The Seller undertakes to do as much as it can to comply with the stated or displayed information on the Site. In any case, the Seller is to effect delivery within a maximum of 30 (thirty) days from the day following the Consumer’s order. In the event that the Seller fails to execute the order, due to the protracted unavailability of the Product even within this time, the Seller will provide written notice to the Consumer and will effect reimbursements as stated in par.5.3

5.3. In the event of the Seller failing to execute the order, due to the unavailability of the Product, the Seller will, as per above, provide a written notice to the Consumer and will reimburse any sums already paid by the Consumer for payment of the Product.

5.4. The Consumer undertakes to check without delay, and in any case not later than 3 (three) days after receipt of the Products, checking that the delivery is correct and includes all and only the products purchased and to inform Seller within this period of any defect of the products received or of their disparity with respect to the order made, in accordance with the procedure referred to in art. 9 of these general conditions of sale. If the packaging or envelope of the products ordered by the Consumer were to reach the destination obviously damaged or seemingly opened, the Consumer is encouraged to accept the delivery "with reservation".

5.5. After the term referred to in para. 5.4. without the Consumer having filed any objections to the carrier/shipper, the Products delivered will be considered definitively accepted by the Consumer.

6. Prices, shipping costs, taxes and fees

6.1. The price of the Products published on the Site at the time that the Consumer sends the order includes standard packaging, VAT and any other indirect taxes (where applicable), but do not include shipping charges that are calculated prior to the order confirmation that the Seller sends to the Consumer and that the Consumer agrees to pay to the Seller in addition to the price of the product shown on the Site.

6.2. Depending on the country in which the Products are to be delivered, the Site will, during the order-creation process, display the Shipping Costs that the Consumer agrees to pay in addition to the price of the Products ordered.

6.3. The Consumer will have to pay these freight charges to the Seller (included in the total price) as reported in the order confirmation sent by e-mail from the Seller to the Consumer.

6.4. If the Products are to be delivered to a country outside of the European Union, the total price shown on the order confirmation is net of any customs duties and any V.A.T. sales tax. The Consumer accepts to pay these taxes and costs in addition to the priceof the Product on the order confirmation, in accordance with the sales taxes and rules applicable in the country of delivery. The Consumer is advised to check and may contact the competent authorities of that country, for information on any duties and taxes applied in the country upon import.

6.5. Any additional cost, tax and/or imposed amount that a given country should apply to any Products ordered under these general sales conditions are exclusively borne by the Consumer.

6.6. The Consumer understands and accepts that the lack of knowledge of the costs, charges, duties, taxes and/or imposed amounts referred to in previous paragraphs. 6.4. and 6.5, when submitting an order to the Seller, cannot be the cause of termination of this contract and that the Seller can in no way be held liable or accountable for such charges.

7. Payments

7.1 The Consumer acknowledges that the Seller's execution of the contract will take effect upon receipt of the amount credited onto the Seller’s bank account for the Product(s) purchased.

7.2. Payment can be made by credit card, bank transfer or PayPal. The Seller may allow additional payment methods, indicating them in the Payments section of the Site.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site.

7.4. If the payment selected is by bank transfer, the Consumer must use the "Swift" and "IBAN" codes that are prompted and shown.

7.5. The Seller will send the Consumer the invoice for the product purchased (receipt) electronically to the address by him given, for the products purchased.

8. Seller's legal guarantee of conformity, reporting of lack of conformity, and warranty

8.1. According to and for the purposes of the European Directive 44/99 / EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products will be free of defects in design and material and will conform to the descriptions published on the Site, for a period of 2 (two) years from the date of delivery of the Products to the Consumer.

8.2. The Consumer will have the responsibility of examining the Products as soon as possible and, by virtue of the term warranty, to report any defects and non-conformities within and not more than 2 (two) months from the discovery. This information should be sent to the Seller’s Customer Service by e-mail describing the defect and/or non-conformity found, together with the documentation of purchase and receipt and at least 1 (one) photograph of the Product possibly showing the defect.

8.3. Upon receipt of the relevant documentation, Seller will evaluate the defects and non-conformities complained of by the Consumer via the assistance service of the Owner and, after carrying out the checks to verify the actual non-compliance of the Product, will, at its own discretion, decide whether to authorize the return of the Products by the Consumer. Authorization to return the Products shall in no way acknowledge a defect or a recognition of non-conformity. This will have to be established after the Product is returned to: BREWO Srl, Via Petracci 13, 54038 Montignoso (MS), Italy.

8.4. If the Seller will reimburse the price paid to the Consumer, the refund will be made by bank transfer or, whenever possible, by the same means of payment used by the Consumer at the time of purchase. It will be the Consumer's responsibility to communicate to the Seller, the bank details where to make the transfer and to ensure that the Seller has all details needed to be able to return the amount due.

9. Responsibility for damage from defective products

9.1. With regard to damages caused by defective Products, the provisions of European Directive 85/374 / EEC and Italian Legislative Decree no. 206/2005 (Consumer Code), state that the Seller, acting as a distributor who is selling through the website, is free from any manufacturing liability and that the case should be referred to the manufacturer of that Product.

10. Right of withdrawal - Information

10.1 The Consumer shall be entitled to withdraw from any contract concluded pursuant to these general sales conditions, without any penalty, within 14 (fourteen) days from when the Product was delivered.

10.2 In order to exercise the right of withdrawing from the purchase, the Consumer shall inform BREWO Srl, prior to the expiry of the time limit referred to in point 10.1, of his decision and about the reasons for this decision.

10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirmation within 14 days, acknowledging the withdrawal and instructing on the means of return of the Product which will need to be sent to:

BREWO S.r.l.

Via Petracci 13

54038 Montignoso (MS), Italy.

10.4 If the Consumer has received the Product, he/she shall return it to BREWO Srl without undue delay and, in any case, within 14 days from the withdrawal notification. The term is respected if you return the goods before the expiration of the 14-day period. The risks and costs of returning the goods will be entirely borne by the Consumer.

10.5 If you withdraw, you will be reimbursed of the payments you made without undue delay (not later than 14 days after receipt of the goods), excluding the shipping return costs. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the consumer requests reimbursement on a different means of payment, in which case the Consumer will incur any additional costs arising from the different means of payment. Refunds will be held until receipt of the goods or until the consumer has proven that he has returned the goods.

10.6 The Consumer is responsible for the loss in value of the goods resulting from manipulation other than the one necessary to establish the nature, characteristics, and fit of the goods. Therefore, if the returned goods are used or damaged (for example, dirty with signs of use, wear, abrasion, scratches, deformations, cuts etc.), not complete of labels, tags and instructions and are not in their original packaging, it will be up to the Seller’s discretion to evaluate whether the Product sent can be resellable as new and thus whether it can be fully refundable.

To this end, the Consumer is encouraged not to manipulate the product beyond what is strictly necessary to establish the nature, characteristics and fit of the same and is also encouraged not to manipulate and damage the original packaging or cover it and ruin it with sticky wrappings and labelings.

11. Intellectual property rights

11.1.Trademarks, names, as well as any distinctive sign, naming, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of the Owner JARM Technologies SA.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.

12. Consumer information and protection of privacy

12.1. In order to be able to proceed with the registration, some information about the Consumer is required through the Site, in accordance to the Consumer’s consent, in order to forward the order and conclude the purchase contract. The Consumer acknowledges that the personal data provided will be processed by the Seller as the holder of the processing, in compliance with the Italian law Legislative Decree no. 196/2003 and s.m.i. - Privacy Code, in order to execute each purchase made through the Site and any additional activity around and relevant to this.

12.2. The Consumer declares and warrants that the data provided to the Seller during the registration and purchase process are correct and true.

12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller in the relevant Login section of the Site, accessible after given authentication.

12.4. For any further information on how your personal data is handled, please refer to the Privacy Policy section.

13. Security

13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation, and misuse by third parties due to technical features and limitations on the protection of electronic communications over the Internet, the Seller can not guarantee that the information or data provided by the Consumer on the Site, even after the Consumer has authenticated it via login, that it is not accessible or visible by unauthorized third parties.

14. Force majeure

14.1. The Seller shall not be liable in the event of a total or partial failure to fulfill its obligations under any contract concluded under these general sales conditions if such default is caused by unforeseeable events and/or natural events including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular upheavals, lack of electricity, public and/or private workers' strike, strike and/or restrictions on the viability of couriers and airlines.

15. Applicable law and place of jurisdiction

15.1. Any sales contract concluded between the Seller and the Consumers under these general conditions of sale shall be governed and interpreted in accordance with Italian law. In any case, the rights that may be attributed to Consumers can be waived by legally binding provisions in the law of their State.

15.2. Any dispute between Seller and Consumer shall take place in the Court of Milan, except where such a provision is not applicable due to legally binding rules in force in the country of residence of the Consumer.

16. Transfer

The Parties may not surrender or otherwise transfer to third parties any of their rights and obligations arising out of these general terms of sale, without the prior written consent of the other party.

17. Validity of clauses

17.1. The headings of the terms used herein are to be considered as purely indicative and have no effect on the discovery of the content and interpretation of this contract.

17.2. These general terms of sale do not affect the rights granted by Italian law to the Consumer.

17.3. In the event that a clause or part of a clause of these general conditions is to be deemed invalid because it is contrary to a law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.

18. Conclusive provisions

The Consumer acknowledges that he or she has not been led to comply with this contract by previous oral statements.