Terms and Conditions / your rights as consumer
 

These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods (Goods) and services (Services).  Please read these terms carefully before ordering any Goods or Services from us.  By ordering any of the Goods or Services, you agree to be bound by these terms.

These terms and conditions apply to all contracts entered via our website febest.us (Website) Febest Panamerica LLC, 1725 NW 33rd Street, Pompano Beach, FL 33064 (Company) and any natural person who is acting for purposes which are outside his business – consumer (You).

These terms and conditions do not apply to orders for businesses, trade or profession.

By clicking ##send order## in the order process you agree to be bound by these terms. A link to the agreed terms are sent to your email-address after registration / placing an order. You can also download a .pdf copy by clicking the download-button.

1. Processing your order
You transmit your binding order and data by clicking ##send order##. By clicking the button you confirm that you have reached the age of 18 years and capable to enter a contract.

After receiving your order we automatically send an email containing the following information on your order:
- description of items, amount, price;
-    delivery expenses that may arise;
-    these terms and conditions, information on your rights and conditions to cancel the order;
-    the chosen method of payment and delivery.

A contract (Contract) will not be concluded before we send you an email confirming the order or inform you that your Goods have been dispatched.
In case we refuse your order we will inform you immediately via email.

We save your data for documentation and processing your order. In case you should not receive or lose this data, we will send you a copy on demand.

2. Consumer rights – Right to cancel

Consumer is to be considered any individual who concludes a transaction, which doesn't aim any commercial, professional or business activities.

Cancellation rights

You have the right to cancel the Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (Febest Panamerica LLC, 1725 NW 33rd Street, Pompano Beach, FL 33064 , E-Mail: sales@febestpanamerica.com) of your decision to cancel your order by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.  

We refund the money by the same method of payment as we have received it from you, unless differently specified previously.

We may delay the refund until we receive the Goods back or until you provide proof that the Goods are sent back to us, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

Our goodwill guarantee

Please note, these terms reflect the goodwill guarantee offered by Febest Panamerica LLC to its US customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products.

Right under the Consumer Contracts Regulations 2013 - 14 day period to change your mind.
How our goodwill guarantee is more generous - 30 day period to change your mind.
    
You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

Cancellation rights: Exceptions

The right to cancel does not apply to the following kind of contracts:
Contracts for the supply of goods made to the consumer’s specifications or clearly personalized.

Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

3. Delivery, Shipping costs and time

Free delivery:

We provide free standard delivery for USA for all orders placed via website.

Worldwide delivery:

We deliver Goods worldwide.

A list of available shipping methods and their actual shipping costs is shown during checkout process.

Delivery time:

Express delivery takes 1-2 working days (Remote area takes 3-4 working days).

Standard delivery time may vary depending on the country that we are shipping to.

4. Payment

Paypal

After you place the order, you will be redirected to PayPal page. Please, log in and make payment. To pay by means of PayPal you need to have PayPal account. There are no additional tariffs.

5. Quotation

Unless otherwise stated all quotations are valid only for 30 days from their date of publication.

6. Title retention clause

Passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.

7. Warranty

7.1

All Goods obtained from Website are covered with 2-year guarantee or 20000 km whichever is the earliest.

If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you can opt to use one of the following two options:

-  notify us in writing and/or by completing a warranty claim form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you.  If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement; or

- certain Goods qualify for our ‘No Quibble’ exchange policy (details of which Goods qualify can be found in-store). Should the Goods you purchased qualify and comply with our Warranty Conditions, they can be exchanged for an immediate replacement of the same Goods purchased (for the avoidance of doubt, no other goods can be exchanged for the Goods purchased and only a like for like exchange will be accepted) and we shall waive our right to have the Goods previously purchased by you and returned for exchange, to be tested. You must note that should you opt for the No Quibble exchange, we will return the Goods purchased to the manufacturer and/or have them destroyed, and you will have no rights to make any further claims in relation to the Goods returned. You will need to complete a warranty claims form (which will be provided in-store) confirming your acceptance to our ‘No Quibble’ exchange policy.

Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.

We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.  

We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.   

The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, willful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.

7.2

All Febest flexible (floating) arm bushings (their articles end in a “Z”, e.g. TAB-002Z) are now covered by an extended warranty – we guarantee no defects will emerge after 60,000 km both in terms of materials used and quality of work.


8. Limitation of Liability
8.1

No regulation in these terms excludes or limits our liability for death or personal injury caused by our negligence.

8.2.

Subject to regulation 7.1 we cannot be held liable for consequential (indirect), special or punitive loss, damage, costs or expenses, for instance loss of data caused by a product, loss of profit, loss of income; waste of time, free time.

We can also not be responsible for damage caused by wrong assembly or installation of a product that is not caused by improper instructions received from us, omissions of maintenance or misuses disregarding the given instructions.

We accept liability only for Goods which are proved faulty by reason of our negligence. Our liability is excluded in case of damage is caused by a third person, for instance by the producer of the delivered Goods and he or his insurance company can be claimed in priority.

Our total liability will not exceed 125% (one hundred and twenty-five per cent) of the price payable for the Goods caused by one or several events.

9. Privacy Policy

We may collect personal information entered by you that is needed to process and record your order. You may request your personal information which we hold about you under the Data Protection Act 1998 via email or the contact form.

If you believe that any data we are holding on you is incorrect or incomplete, please write to or email us as soon as possible via email or contact-form. We will correct data found to be incorrect.

Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information only if you tell us that you wish this to happen.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

10. Voucher Codes & Discounts

Promotion Codes are only valid for orders placed online with the use of only one promotion code per order. Company holds the rights to withdraw any Codes at any time.

In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately.

A Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions.

11. Force Majeure

We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.  

11. Law and Jurisdiction

This Contract will be governed by US law and you consent to the non-exclusive jurisdiction of the US courts in all matters regarding it.   

FL, May 2016