Terms of Use & Sale
SITE CONDITIONS OF USE
Access to this site (the "Site") involves the acceptance of the following terms and conditions by its users (the “ Users”). These terms and conditions may be updated and/or amended at any time at the sole discretion of FCA Italy S.p.A. (“ FCA”) without any need to give prior notice to the Users.
ACCESS TO THE SITE AND USE OF ITS CONTENT
FCA accepts no responsibility of whatever kind in relation to access by Users to the Site or their use of the related content.
SITE CONTENT
All content of the Site, without exception, (for instance, by way of example but in no way limited to: news, photos, videos, sounds, brands, logos, domain names, software applications, graphic layouts, technical documentation and manuals, etc.) and the related rights are reserved. Such content may therefore be consulted by the Users solely for personal information purposes, while any other use is expressly prohibited without prior written consent from FCA or those entitled to grant such consent.
Although the information contained in the Site has been collected and presented with all reasonable care, no warranty is given to Users about the accuracy, completeness, usefulness or possible utilisation by Users; FCA therefore expressly excludes any responsibility for errors, imprecision or omissions in relation to such information.
Some sections of the Site may contain information about future plans and intentions, which are described each time by the use of terms such as "expect", "estimate", "foresee", "present" and "plan". These statements do not by their nature involve any commitment by FCA, which therefore does not make any commitment concerning their realisation.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents of the Site - including the brands mentioned or displayed on the Site, and the designs and patents related to products on the Site - are subject to copyright and other applicable regulations on the protection of intellectual and industrial property and may not therefore be reproduced, modified or used, in whole or in part, without prior written consent from FCA or those entitled to grant such consent.
PRODUCTS AND PRICES
The information and images regarding, by way of example, the functioning, performance etc. of the products included in the Site are updated constantly. This data should therefore be considered merely indicative and subject to errors, imprecision and changes at any time by FCA. FCA may, at any time and at its sole discretion, make organisational or formal changes to the Uconnect LIVE service described in the Site.
RESPONSIBILITIES
FCA accepts no responsibility for the information and statements contained in the pages of the Site. In particular, they do not contain an implied promise or guarantee concerning the composition, fitness for any particular purpose of the Service or the non-infringement by the Service of regulations or third-party rights. Certain links to other websites in the Network may appear on the Site. FCA has no influence over the configuration, availability, accessibility and content of pages connected to the Site via links, and offers no guarantee over the topicality, accuracy, completeness or quality of information presented in them.
The Site offers Users the ability to upload images, photos and/or text content. FCA accepts no responsibility for such content uploaded by Users. It is understood that such content must not violate the applicable laws and regulations. Should a violation be identified, FCA will arrange to remove the content immediately from its servers.
FCA cannot be held liable for any direct or indirect damage, including loss of profit, arising from the use or inability to use the Site and its content, or websites linked to it directly or indirectly, as well as from any errors or omissions.
ACCESS TO THE SITE VIA SOCIAL LOGIN
Password/User name. SUBSCRIBERS HAVE SOLE RESPONSIBILITY FOR USE OF THE SITE VIA THEIR PASSWORDS AND USER NAMES, EVEN IF OTHERS USE IT AND EVEN IN THE EVENT OF UNAUTHORISED USE.
Subscribers are, therefore, responsible for protecting their passwords and user names (even when provided to FCA via social networks, Facebook, Google, Linkedin, Twitter, Yahoo, hereinafter referred to as the “Social Networks”). Anyone who knows the password and user name of a Subscriber is able to access the Site and neither FCA nor the Social Networks are obliged to check any authorisations granted to the person using the password and user name, or any other information used to identify the account. If a Subscriber or a third party in possession of the password and user name of the Subscriber uses the Site to commit a crime or for other improper purposes, the Subscriber shall be responsible for any losses incurred by FCA or third parties as a result of such use.
Proper use of the Services. Subscribers agree not to use the Site for purposes that are fraudulent, illegal or unauthorised, or which interfere in any way with enjoyment of the content by other customers. Subscribers agree not to use improperly - and not to damage deliberately - the Site, the reputation, the employees or the organisation of FCA. If the contrary is true, Subscribers accept responsibility for any amount claimed from FCA by third parties, plus any expenses, deriving in whole or in part from the improper deeds attributable to them, and for any other consequences for third parties and/or FCA deriving from such improper deeds.
Content suppliers. Certain Social Networks impose specific terms and conditions on use of the services provided. By using the Site, Subscribers agree to be bound by such additional terms and conditions without FCA being deemed responsible for the availability of the applications and/or content provided to the Subscribers by the Social Networks.
THIRD PARTY INTELLECTUAL PROPERTY
This Site is managed by FCA. FCA respects the intellectual property rights of third parties. Certain materials on this Site may be published and made available on the Site by third parties without the permission of FCA. FCA policy does not allow the Site to contain materials that infringe the rights of third parties. The accounts of Users who infringe these rights will be deleted, once the infringement has been brought to the attention of FCA, and the related materials will also be removed.
If Users believe that any of the materials included on the Site infringe their rights, those Users must send a note to FCA containing the following information:
i. identification of the right infringed or, in the case of multiple infringements, a list of all infringements identified;
ii. identification of the materials contained on the Site that infringe the above right(s) and which they request should be removed or disabled, accompanied by information enabling FCA to identify the nature of the infringement(s);
iii. data necessary to contact the owner of the infringed right(s) including address, telephone number and, if available, e-mail;
iv. a declaration stating that the use of the material in question has not been authorised by the owner of the right(s), by their agents or by their legal representatives;
v. a declaration stating that the information submitted to FCA is accurate and, in the knowledge that criminal penalties will be incurred in the event of false declarations, that they are in possession of authorisation to act on behalf of the owner of the infringed right(s);
vi. a signature, real or electronic, of the person authorised to act on behalf of the owner of the infringed right(s).
The above note shall be sent by registered mail to the following address:
FCA Italy S.p.A., for the attention of Fiat Digital Marketing - Corso Agnelli 200 - 10135 Turin
APPLICABLE LAW AND JURISDICTION
Without prejudice to any other rights that Users benefit from by virtue of other national or international laws, these Site conditions of use are subject to Italian law and will be construed in accordance with that law (except for the rules on legal conflicts), including any dispute over the existence, validity and enforceability of these Site conditions of use and any other agreement that refers to them.
Within the above limits, the competent court with jurisdiction to settle any dispute arising over these Site conditions of use and any other agreement that refers to them shall be the court of Turin.
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Uconnect Services general terms and conditions of sale
1. Subject
1.1. These general terms and conditions of sale (hereinafter, the “Conditions of Sale”) apply to purchases of the following services supplied by Fiat Chrysler Automobiles UK Ltd with registered office at 240 Bath Road, Slough, SL1 4DX (“Seller”):
- Optional connectivity services (the “Services”), which can be activated through the Website (as defined herein) by the user who has purchased a FCA vehicle with original TBM (Telematic Box Module) and has activated Basic and Standard connectivity services on the connectivity section of the Brand’s website (hereinafter the “Site”).
The Site is owned by FCA Italy SpA (hereinafter also referred to as the “FCA Italy”).
1.2. The Seller will sell the Services through the Site.
Purchases of the Services on the Site will be made exclusively between the Seller and the Customer (as defined hereinafter; the Seller and Customer will be collectively referred to below as the "Parties”).
Reselling the Services is expressly prohibited.
1.3 In order to purchase the Services, the Customer must register on the Site; following registration the Customer can create their own account (“Account”) and proceed to log in (hereinafter "Log-in") in order to purchase the Services.
1.4. The Seller has ownership of all the rights to the domain name of the Site, logos, registered brands, relative to the Services presented on the Site, and of the copyright for the Site and its contents.
1.5. Any communication by the Customer connected and/or related to the purchase of the Services - including any reports, complaints, requests concerning the purchase of the Services, the exercising of the right to withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site in the dedicated "Contact us” section.
1.6. Each purchase is governed by these Conditions of Sale, including pre-contractual information and the notices regarding payments in the version updated from time to time that which will be published by the Seller on the Site at the time of confirmation of the order by the Seller. These Conditions of Sale and their updates are available and can be consulted on the Site in the section “Terms and conditions of sale” and must be expressly accepted by the Customer before sending the purchase order referred to in Article 3 below.
1.7. Simultaneously by sending the purchase order, the Customer accepts that the confirmation of the order submitted and these Conditions of Sale, is sent by the Seller via e-mail to the address indicated by the same when registering on the Site or, if different, to the e-mail address indicated during the subsequent purchasing process. The Parties expressly understand that the services covered by each Service are regulated by the respective terms and conditions (the “Service Terms and Conditions”) to which express reference is made. Therefore, the Parties also understand that for the purchases of Services, the Customer must separately accept the Service Terms and Conditions in the “Subscription Management” section of the Site when sending the order.
1.8. In order to make purchases through the Site, the Customer must be of adult age (18 years old or over) and have the ability to act. The Customer hereby declares that this is so.
1.9. The Customer is solely responsible for any charges for connecting to the Site via Internet, including telephone calls, according to the rates applied by the operator selected by the former.
2. Characteristics of the Services
2.1. The Services are sold with the characteristics described on the Site and according to these Conditions of Sale and the Service Terms and Conditions, with the exclusion of any other condition or term. The images and reproductions of the Services present on the Site have a merely indicative value and may not be a true reflection of the characteristics of the same.
2.2. The prices, the Services for sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Customer is invited to check the final sale price. During the duration of the Services the price of the same may be changed by the Seller, who shall send advance notice of any changes by email to the address indicated by the Customer in the personal area on the site (“Personal Area”).
In this case, the Customer shall be entitled to deactivate the automatic renewal option before the Service expires. If the Customer does not deactivate the automatic renewal option, the price variations shall be considered as having been accepted and will be effective from the subsequent renewal. For more information, please see Article 13.2 of the Service Terms and Conditions.
3. How to purchase the Services- Completion of the relative purchase contracts
3.1. The presentation of the Services on the Site represents a mere invitation to the Customer and not an offer to the public.
3.2. The purchase order sent by the Customer to the Seller through the Site has the value of a contractual offer and is governed (i) by these Conditions of Saleand(ii) the Service Terms and Conditions.
Before purchasing the Services, by sending the purchase order, the Customer will be asked to carefully read and accept these Conditions of Sale (and also the Service Terms and Conditions), including the pre-contractual information and the notices regarding payments and the notice on the right to withdrawal, to print a copy using the printing or saving command or reproduce a copy for their own personal use. The Customer will also be asked to identify and correct any errors occurring when their data was entered.
3.3. The Customer will be able to purchase the Services subject to these being associated with a single VIN (vehicle identification number) of an FCA vehicle with TBM.
3.4 The Customer’s purchase order is accepted by the Seller by the latter sending the former, at the email address declared by the same at the time of registration on the Site, an e-mail confirming the order in question, which will contain a link to the text of these Conditions of Sale (and to the Service Terms and Conditions) accepted by the Customer when purchasing the Service, with the summary of the order placed and the description of the characteristics of the ordered Service. The Customer’s order, the Seller’s order confirmation and these Conditions of Sale applicable to the relationship between the Parties (and also the Service Terms and Conditions) shall be digitally filed by the Seller in its IT systems and the Customer can consult them directly in their Personal Area on the Site.
3.5. Each contract for the purchase of the Services is considered concluded when the Customer receives the order confirmation from the Seller via e-mail. The sales contract concluded between Seller and Customer will be governed by the law of England and Wales, in particular the CCRs.
3.6 The Services can only be purchased by the Customer subject to the latter registering on the Site. To ensure that the selected Service is compatible with a given FCA vehicle model, the Seller, at the time of registration on the Site, shall automatically verify the VIN of the FCA vehicle.
4. Service selection and purchase procedure
4.1. The Customer can purchase the Services presented on the Site by selecting those of interest and pressing the button “Purchase”. To carry out the purchase, the Customer will be invited to (i) register on the Site, providing the requested data or (ii) log in, if the Customer is already registered or (iii) provide their data and simultaneously register on the Site, in order to complete the order and allow the contract to be finalised and (iv) complete the activation of the Standard Services by accepting the relative Terms and Conditions, all as described in more detail in the Service Terms and Conditions. If the invoicing address has not been previously entered when registering on the Site, the Customer will be required to provide this information. The Customer will view a summary of the order to be executed, and can change the contents of the same before it is sent. The Customer, after careful reading, must expressly approve these Conditions of Sale through the appropriate check-box on the Site. Finally, by pressing the "Place order" button, the order will be definitively sent to the Seller and will produce the effects described in Article 3.2 of these Conditions of Sale. The Customer will also be asked to choose the payment method from those available. The Customer shall be obliged to communicate the data required in order to proceed with the payment. For accounting and administrative reasons, the Seller reserves the right to verify the details indicated by the Customer. For payment made by credit card, the purchase amount will only be charged when the order confirmation is sent by the Seller to the Customer.
4.2 As specified in Article 1.7, the Customer must separately accept the Service Terms and Conditions in the “Subscription Management” section of the Site when sending the order.
5. Prices, duties and taxes
5.1. The price of the Services (hereinafter "Price") is the one indicated on the Site when the order is sent by the Customer. The prices include VAT (if and when applicable).
5.2. The Customer shall pay the Seller the total price including VAT, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Customer.
6. Payments
6.1. The price of the Services purchased through the Site must be paid when the order is confirmed by the Seller to the Customer.
6.2 The payment can be made using the instruments provided by time to time by the Seller on the Site (for example, credit card, VISA circuits, Mastercard and Maestro). The Seller may allow additional payment methods, indicating them in the payments section of the Website
. 6.3. For payments made by credit card, the Customer accepts that the details which identify the credit card used for the payment shall be communicated directly to the operator identified by the Seller to manage the collection of the payments. The data will be sent by way of a protected method, via encryption. The Customer acknowledges that the details that identify the credit card will never be accessible to the Seller through its systems, as the Seller has implemented procedures which only allow the operator identified by the Seller to access that data.
6.4. When the order has been dispatched, the Seller will provide the Customer with an invoice for the purchase, in the reserved area of the Site, in compliance with the applicable legislation in force.
6.5 In case the Customer chooses the automatic renewal option for the Services, they must maintain a valid payment method for the entire duration of the Service, selecting it from those indicated in Article 7.2 above, and can change it at any time by accessing their Personal Area. If the Customer does not provide a valid payment method from those indicated in Article 7.2 above, it will be impossible to apply the automatic renewal option and the Service will be deactivated upon its natural expiry.
The Customer can activate/deactivate the automatic renewal option at any time by accessing their Personal Area in the Connectivity section of the Site.
In case of deactivation of the automatic renewal option for the Service, the Customer can continue using the relative functions until the Service expires.
In case of deactivation of the Service, the Customer can reactivate the same at any time before the original expiry date of the Service at no extra cost.
If the Service has expired, to reactivate it, the Customer must again purchase the Service and subscribe to the Service Terms and Conditions. For more information please refer to Article 12.1 of the Service Terms and Conditions.
7. Right to withdraw
7.1 The Seller shall allow Customers, including those who are not Consumers, to withdraw from the contract concluded pursuant to these Conditions of Sale, with no penalties, within the term of 14 (fourteen) days starting from the day on which the purchase of the Services is concluded pursuant to Article 3 above, for any reason and with no need to motivate their decision in any way.
7.2 To exercise the right to withdraw, the Customer must enter their reserved area and select the “Contact us” button”, subsequently filling in the form and indicating “Right to withdraw” as the reason for the contact. The Customer will then receive an automatically generated message confirming the acceptance of the request and indicating the case number. The Seller shall arrange the refund, which will automatically sent using the same payment method originally used by the Customer.
7.3 If the Customer lawfully exercises the right to withdraw, the Seller shall arrange to refund the price of the Service even if the Customer has already begun using part of the same.
In case of withdrawal, the Seller shall refund to the Customer the payments made by the latter without undue delay and, in any case, no later than 14 days from the notification of the withdrawal.
8. Intellectual Property Rights
8.1 The Customer declares that they are informed that all trademarks, names, as well as any distinctive signs, names, images, photographs, written text or graphics used on the Website or relating to the Services are and remain the exclusive property of the Seller and/or of their assignees, without any right of the Customer deriving from access to the Site and/or the purchase of the Services.
8.2 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 Seller.
9. Customer’s data and privacy protection
9.1 In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the relative purchasing contract for a Service, some personal data are requested of the Customer through the Site. Personal data provided will be recorded and used by FCA Italy (as an independent Data Controller of personal data pursuant to the Privacy Policy, as defined below), in compliance with the provisions of the General Data Protection Legislation, as defined in the GENERAL TERMS AND CONDITIONS OF DISTRIBUTION OF STANDARD SERVICES (hereinafter jointly, "Privacy Policy"), to execute each purchase made through the Site and, subject to their express consent, for marketing and/or profiling purposes and for any further activities as indicated in the specific privacy statement provided to the Customer through the Site (including the related payment portal) at the time of registration.
9.2. The Customer declares and guarantees that the personal data provided to the Seller during the registration and purchase process are true and correct.
9.3. The Customer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
9.4. For any further information on how the personal data of the Customer is processed, please go to the Privacy Policy section available on the Site.
10. Safety
10.1. The Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties.
10.2. In particular, the Seller, with regard to data relating to payments by credit card, uses the services of operators who adopt technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
11. Applicable law, ADR and jurisdiction
11.1. All sales contracts for the purchase of a Service concluded between the Seller and the Customer pursuant to these Conditions of Sale will be governed and interpreted in accordance with the laws of England and Wales.
11.2. In case of disputes between the Seller and a Customer who is a Consumer, the latter will be entitled to contact the Motor Ombudsman, at: https://www.themotorombudsman.org/consumers/case-creation/submit
11.3 Without prejudice to the terms set forth by the mandatory laws in force in the country of residence of Customers who are Consumers, all disputes will be subject to the sole jurisdiction of the Courts of England and Wales.
Access to this site (the "Site") involves the acceptance of the following terms and conditions by its users (the “ Users”). These terms and conditions may be updated and/or amended at any time at the sole discretion of FCA Italy S.p.A. (“ FCA”) without any need to give prior notice to the Users.
ACCESS TO THE SITE AND USE OF ITS CONTENT
FCA accepts no responsibility of whatever kind in relation to access by Users to the Site or their use of the related content.
SITE CONTENT
All content of the Site, without exception, (for instance, by way of example but in no way limited to: news, photos, videos, sounds, brands, logos, domain names, software applications, graphic layouts, technical documentation and manuals, etc.) and the related rights are reserved. Such content may therefore be consulted by the Users solely for personal information purposes, while any other use is expressly prohibited without prior written consent from FCA or those entitled to grant such consent.
Although the information contained in the Site has been collected and presented with all reasonable care, no warranty is given to Users about the accuracy, completeness, usefulness or possible utilisation by Users; FCA therefore expressly excludes any responsibility for errors, imprecision or omissions in relation to such information.
Some sections of the Site may contain information about future plans and intentions, which are described each time by the use of terms such as "expect", "estimate", "foresee", "present" and "plan". These statements do not by their nature involve any commitment by FCA, which therefore does not make any commitment concerning their realisation.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All contents of the Site - including the brands mentioned or displayed on the Site, and the designs and patents related to products on the Site - are subject to copyright and other applicable regulations on the protection of intellectual and industrial property and may not therefore be reproduced, modified or used, in whole or in part, without prior written consent from FCA or those entitled to grant such consent.
PRODUCTS AND PRICES
The information and images regarding, by way of example, the functioning, performance etc. of the products included in the Site are updated constantly. This data should therefore be considered merely indicative and subject to errors, imprecision and changes at any time by FCA. FCA may, at any time and at its sole discretion, make organisational or formal changes to the Uconnect LIVE service described in the Site.
RESPONSIBILITIES
FCA accepts no responsibility for the information and statements contained in the pages of the Site. In particular, they do not contain an implied promise or guarantee concerning the composition, fitness for any particular purpose of the Service or the non-infringement by the Service of regulations or third-party rights. Certain links to other websites in the Network may appear on the Site. FCA has no influence over the configuration, availability, accessibility and content of pages connected to the Site via links, and offers no guarantee over the topicality, accuracy, completeness or quality of information presented in them.
The Site offers Users the ability to upload images, photos and/or text content. FCA accepts no responsibility for such content uploaded by Users. It is understood that such content must not violate the applicable laws and regulations. Should a violation be identified, FCA will arrange to remove the content immediately from its servers.
FCA cannot be held liable for any direct or indirect damage, including loss of profit, arising from the use or inability to use the Site and its content, or websites linked to it directly or indirectly, as well as from any errors or omissions.
ACCESS TO THE SITE VIA SOCIAL LOGIN
Password/User name. SUBSCRIBERS HAVE SOLE RESPONSIBILITY FOR USE OF THE SITE VIA THEIR PASSWORDS AND USER NAMES, EVEN IF OTHERS USE IT AND EVEN IN THE EVENT OF UNAUTHORISED USE.
Subscribers are, therefore, responsible for protecting their passwords and user names (even when provided to FCA via social networks, Facebook, Google, Linkedin, Twitter, Yahoo, hereinafter referred to as the “Social Networks”). Anyone who knows the password and user name of a Subscriber is able to access the Site and neither FCA nor the Social Networks are obliged to check any authorisations granted to the person using the password and user name, or any other information used to identify the account. If a Subscriber or a third party in possession of the password and user name of the Subscriber uses the Site to commit a crime or for other improper purposes, the Subscriber shall be responsible for any losses incurred by FCA or third parties as a result of such use.
Proper use of the Services. Subscribers agree not to use the Site for purposes that are fraudulent, illegal or unauthorised, or which interfere in any way with enjoyment of the content by other customers. Subscribers agree not to use improperly - and not to damage deliberately - the Site, the reputation, the employees or the organisation of FCA. If the contrary is true, Subscribers accept responsibility for any amount claimed from FCA by third parties, plus any expenses, deriving in whole or in part from the improper deeds attributable to them, and for any other consequences for third parties and/or FCA deriving from such improper deeds.
Content suppliers. Certain Social Networks impose specific terms and conditions on use of the services provided. By using the Site, Subscribers agree to be bound by such additional terms and conditions without FCA being deemed responsible for the availability of the applications and/or content provided to the Subscribers by the Social Networks.
THIRD PARTY INTELLECTUAL PROPERTY
This Site is managed by FCA. FCA respects the intellectual property rights of third parties. Certain materials on this Site may be published and made available on the Site by third parties without the permission of FCA. FCA policy does not allow the Site to contain materials that infringe the rights of third parties. The accounts of Users who infringe these rights will be deleted, once the infringement has been brought to the attention of FCA, and the related materials will also be removed.
If Users believe that any of the materials included on the Site infringe their rights, those Users must send a note to FCA containing the following information:
i. identification of the right infringed or, in the case of multiple infringements, a list of all infringements identified;
ii. identification of the materials contained on the Site that infringe the above right(s) and which they request should be removed or disabled, accompanied by information enabling FCA to identify the nature of the infringement(s);
iii. data necessary to contact the owner of the infringed right(s) including address, telephone number and, if available, e-mail;
iv. a declaration stating that the use of the material in question has not been authorised by the owner of the right(s), by their agents or by their legal representatives;
v. a declaration stating that the information submitted to FCA is accurate and, in the knowledge that criminal penalties will be incurred in the event of false declarations, that they are in possession of authorisation to act on behalf of the owner of the infringed right(s);
vi. a signature, real or electronic, of the person authorised to act on behalf of the owner of the infringed right(s).
The above note shall be sent by registered mail to the following address:
FCA Italy S.p.A., for the attention of Fiat Digital Marketing - Corso Agnelli 200 - 10135 Turin
APPLICABLE LAW AND JURISDICTION
Without prejudice to any other rights that Users benefit from by virtue of other national or international laws, these Site conditions of use are subject to Italian law and will be construed in accordance with that law (except for the rules on legal conflicts), including any dispute over the existence, validity and enforceability of these Site conditions of use and any other agreement that refers to them.
Within the above limits, the competent court with jurisdiction to settle any dispute arising over these Site conditions of use and any other agreement that refers to them shall be the court of Turin.
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Uconnect Services general terms and conditions of sale
1. Subject
1.1. These general terms and conditions of sale (hereinafter, the “Conditions of Sale”) apply to purchases of the following services supplied by Fiat Chrysler Automobiles UK Ltd with registered office at 240 Bath Road, Slough, SL1 4DX (“Seller”):
- Optional connectivity services (the “Services”), which can be activated through the Website (as defined herein) by the user who has purchased a FCA vehicle with original TBM (Telematic Box Module) and has activated Basic and Standard connectivity services on the connectivity section of the Brand’s website (hereinafter the “Site”).
The Site is owned by FCA Italy SpA (hereinafter also referred to as the “FCA Italy”).
1.2. The Seller will sell the Services through the Site.
Purchases of the Services on the Site will be made exclusively between the Seller and the Customer (as defined hereinafter; the Seller and Customer will be collectively referred to below as the "Parties”).
Reselling the Services is expressly prohibited.
1.3 In order to purchase the Services, the Customer must register on the Site; following registration the Customer can create their own account (“Account”) and proceed to log in (hereinafter "Log-in") in order to purchase the Services.
1.4. The Seller has ownership of all the rights to the domain name of the Site, logos, registered brands, relative to the Services presented on the Site, and of the copyright for the Site and its contents.
1.5. Any communication by the Customer connected and/or related to the purchase of the Services - including any reports, complaints, requests concerning the purchase of the Services, the exercising of the right to withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site in the dedicated "Contact us” section.
1.6. Each purchase is governed by these Conditions of Sale, including pre-contractual information and the notices regarding payments in the version updated from time to time that which will be published by the Seller on the Site at the time of confirmation of the order by the Seller. These Conditions of Sale and their updates are available and can be consulted on the Site in the section “Terms and conditions of sale” and must be expressly accepted by the Customer before sending the purchase order referred to in Article 3 below.
1.7. Simultaneously by sending the purchase order, the Customer accepts that the confirmation of the order submitted and these Conditions of Sale, is sent by the Seller via e-mail to the address indicated by the same when registering on the Site or, if different, to the e-mail address indicated during the subsequent purchasing process. The Parties expressly understand that the services covered by each Service are regulated by the respective terms and conditions (the “Service Terms and Conditions”) to which express reference is made. Therefore, the Parties also understand that for the purchases of Services, the Customer must separately accept the Service Terms and Conditions in the “Subscription Management” section of the Site when sending the order.
1.8. In order to make purchases through the Site, the Customer must be of adult age (18 years old or over) and have the ability to act. The Customer hereby declares that this is so.
1.9. The Customer is solely responsible for any charges for connecting to the Site via Internet, including telephone calls, according to the rates applied by the operator selected by the former.
2. Characteristics of the Services
2.1. The Services are sold with the characteristics described on the Site and according to these Conditions of Sale and the Service Terms and Conditions, with the exclusion of any other condition or term. The images and reproductions of the Services present on the Site have a merely indicative value and may not be a true reflection of the characteristics of the same.
2.2. The prices, the Services for sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Customer is invited to check the final sale price. During the duration of the Services the price of the same may be changed by the Seller, who shall send advance notice of any changes by email to the address indicated by the Customer in the personal area on the site (“Personal Area”).
In this case, the Customer shall be entitled to deactivate the automatic renewal option before the Service expires. If the Customer does not deactivate the automatic renewal option, the price variations shall be considered as having been accepted and will be effective from the subsequent renewal. For more information, please see Article 13.2 of the Service Terms and Conditions.
3. How to purchase the Services- Completion of the relative purchase contracts
3.1. The presentation of the Services on the Site represents a mere invitation to the Customer and not an offer to the public.
3.2. The purchase order sent by the Customer to the Seller through the Site has the value of a contractual offer and is governed (i) by these Conditions of Saleand(ii) the Service Terms and Conditions.
Before purchasing the Services, by sending the purchase order, the Customer will be asked to carefully read and accept these Conditions of Sale (and also the Service Terms and Conditions), including the pre-contractual information and the notices regarding payments and the notice on the right to withdrawal, to print a copy using the printing or saving command or reproduce a copy for their own personal use. The Customer will also be asked to identify and correct any errors occurring when their data was entered.
3.3. The Customer will be able to purchase the Services subject to these being associated with a single VIN (vehicle identification number) of an FCA vehicle with TBM.
3.4 The Customer’s purchase order is accepted by the Seller by the latter sending the former, at the email address declared by the same at the time of registration on the Site, an e-mail confirming the order in question, which will contain a link to the text of these Conditions of Sale (and to the Service Terms and Conditions) accepted by the Customer when purchasing the Service, with the summary of the order placed and the description of the characteristics of the ordered Service. The Customer’s order, the Seller’s order confirmation and these Conditions of Sale applicable to the relationship between the Parties (and also the Service Terms and Conditions) shall be digitally filed by the Seller in its IT systems and the Customer can consult them directly in their Personal Area on the Site.
3.5. Each contract for the purchase of the Services is considered concluded when the Customer receives the order confirmation from the Seller via e-mail. The sales contract concluded between Seller and Customer will be governed by the law of England and Wales, in particular the CCRs.
3.6 The Services can only be purchased by the Customer subject to the latter registering on the Site. To ensure that the selected Service is compatible with a given FCA vehicle model, the Seller, at the time of registration on the Site, shall automatically verify the VIN of the FCA vehicle.
4. Service selection and purchase procedure
4.1. The Customer can purchase the Services presented on the Site by selecting those of interest and pressing the button “Purchase”. To carry out the purchase, the Customer will be invited to (i) register on the Site, providing the requested data or (ii) log in, if the Customer is already registered or (iii) provide their data and simultaneously register on the Site, in order to complete the order and allow the contract to be finalised and (iv) complete the activation of the Standard Services by accepting the relative Terms and Conditions, all as described in more detail in the Service Terms and Conditions. If the invoicing address has not been previously entered when registering on the Site, the Customer will be required to provide this information. The Customer will view a summary of the order to be executed, and can change the contents of the same before it is sent. The Customer, after careful reading, must expressly approve these Conditions of Sale through the appropriate check-box on the Site. Finally, by pressing the "Place order" button, the order will be definitively sent to the Seller and will produce the effects described in Article 3.2 of these Conditions of Sale. The Customer will also be asked to choose the payment method from those available. The Customer shall be obliged to communicate the data required in order to proceed with the payment. For accounting and administrative reasons, the Seller reserves the right to verify the details indicated by the Customer. For payment made by credit card, the purchase amount will only be charged when the order confirmation is sent by the Seller to the Customer.
4.2 As specified in Article 1.7, the Customer must separately accept the Service Terms and Conditions in the “Subscription Management” section of the Site when sending the order.
5. Prices, duties and taxes
5.1. The price of the Services (hereinafter "Price") is the one indicated on the Site when the order is sent by the Customer. The prices include VAT (if and when applicable).
5.2. The Customer shall pay the Seller the total price including VAT, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Customer.
6. Payments
6.1. The price of the Services purchased through the Site must be paid when the order is confirmed by the Seller to the Customer.
6.2 The payment can be made using the instruments provided by time to time by the Seller on the Site (for example, credit card, VISA circuits, Mastercard and Maestro). The Seller may allow additional payment methods, indicating them in the payments section of the Website
. 6.3. For payments made by credit card, the Customer accepts that the details which identify the credit card used for the payment shall be communicated directly to the operator identified by the Seller to manage the collection of the payments. The data will be sent by way of a protected method, via encryption. The Customer acknowledges that the details that identify the credit card will never be accessible to the Seller through its systems, as the Seller has implemented procedures which only allow the operator identified by the Seller to access that data.
6.4. When the order has been dispatched, the Seller will provide the Customer with an invoice for the purchase, in the reserved area of the Site, in compliance with the applicable legislation in force.
6.5 In case the Customer chooses the automatic renewal option for the Services, they must maintain a valid payment method for the entire duration of the Service, selecting it from those indicated in Article 7.2 above, and can change it at any time by accessing their Personal Area. If the Customer does not provide a valid payment method from those indicated in Article 7.2 above, it will be impossible to apply the automatic renewal option and the Service will be deactivated upon its natural expiry.
The Customer can activate/deactivate the automatic renewal option at any time by accessing their Personal Area in the Connectivity section of the Site.
In case of deactivation of the automatic renewal option for the Service, the Customer can continue using the relative functions until the Service expires.
In case of deactivation of the Service, the Customer can reactivate the same at any time before the original expiry date of the Service at no extra cost.
If the Service has expired, to reactivate it, the Customer must again purchase the Service and subscribe to the Service Terms and Conditions. For more information please refer to Article 12.1 of the Service Terms and Conditions.
7. Right to withdraw
7.1 The Seller shall allow Customers, including those who are not Consumers, to withdraw from the contract concluded pursuant to these Conditions of Sale, with no penalties, within the term of 14 (fourteen) days starting from the day on which the purchase of the Services is concluded pursuant to Article 3 above, for any reason and with no need to motivate their decision in any way.
7.2 To exercise the right to withdraw, the Customer must enter their reserved area and select the “Contact us” button”, subsequently filling in the form and indicating “Right to withdraw” as the reason for the contact. The Customer will then receive an automatically generated message confirming the acceptance of the request and indicating the case number. The Seller shall arrange the refund, which will automatically sent using the same payment method originally used by the Customer.
7.3 If the Customer lawfully exercises the right to withdraw, the Seller shall arrange to refund the price of the Service even if the Customer has already begun using part of the same.
In case of withdrawal, the Seller shall refund to the Customer the payments made by the latter without undue delay and, in any case, no later than 14 days from the notification of the withdrawal.
8. Intellectual Property Rights
8.1 The Customer declares that they are informed that all trademarks, names, as well as any distinctive signs, names, images, photographs, written text or graphics used on the Website or relating to the Services are and remain the exclusive property of the Seller and/or of their assignees, without any right of the Customer deriving from access to the Site and/or the purchase of the Services.
8.2 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 Seller.
9. Customer’s data and privacy protection
9.1 In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the relative purchasing contract for a Service, some personal data are requested of the Customer through the Site. Personal data provided will be recorded and used by FCA Italy (as an independent Data Controller of personal data pursuant to the Privacy Policy, as defined below), in compliance with the provisions of the General Data Protection Legislation, as defined in the GENERAL TERMS AND CONDITIONS OF DISTRIBUTION OF STANDARD SERVICES (hereinafter jointly, "Privacy Policy"), to execute each purchase made through the Site and, subject to their express consent, for marketing and/or profiling purposes and for any further activities as indicated in the specific privacy statement provided to the Customer through the Site (including the related payment portal) at the time of registration.
9.2. The Customer declares and guarantees that the personal data provided to the Seller during the registration and purchase process are true and correct.
9.3. The Customer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
9.4. For any further information on how the personal data of the Customer is processed, please go to the Privacy Policy section available on the Site.
10. Safety
10.1. The Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties.
10.2. In particular, the Seller, with regard to data relating to payments by credit card, uses the services of operators who adopt technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
11. Applicable law, ADR and jurisdiction
11.1. All sales contracts for the purchase of a Service concluded between the Seller and the Customer pursuant to these Conditions of Sale will be governed and interpreted in accordance with the laws of England and Wales.
11.2. In case of disputes between the Seller and a Customer who is a Consumer, the latter will be entitled to contact the Motor Ombudsman, at: https://www.themotorombudsman.org/consumers/case-creation/submit
11.3 Without prejudice to the terms set forth by the mandatory laws in force in the country of residence of Customers who are Consumers, all disputes will be subject to the sole jurisdiction of the Courts of England and Wales.