Terms and Conditions
The following conditions are valid from 10 June 2005. These general conditions may be updated or modified at any time by the Company, which will communicate such changes through the appropriate customer communication channels. The consumer undertakes and is obliged, whenever these general conditions are modified, to print and store them.
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
An "online" sales contract means a distance contract, i.e., a legal transaction concerning movable goods and/or services stipulated between a supplier SPORT 2000 DI BORRELLI LUDOVICA (hereinafter referred to as the COMPANY), and a consumer and/or client within the framework of a distance selling system organized by the supplier, which, for such a contract, exclusively uses the remote communication technology called "internet".
All contracts, therefore, will be concluded directly through the consumer and/or client's access to the relevant website where, following the indicated procedures, they will conclude the contract for the purchase of the good.
The Company may, at its discretion, request confirmation of the order placed by the consumer and/or client. A consumer is understood to be any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any entrepreneurial activity carried out.
2. SALES PRICES AND PURCHASE METHODS
All sales prices of products displayed and indicated on the website, which constitute a public offer pursuant to art. 1336 of the Italian Civil Code, include VAT and all other taxes. The customer will be charged a shipping contribution, clearly displayed before the order is finalized, which varies depending on the weight, dimensions, and destination (within Italy or abroad) of the order itself; as for overseas destinations, it will be the consumer and/or client's responsibility to check additional costs relating to the country where delivery is to be made by sending a specific written request via e-mail. The purchase contract is completed by the accurate completion and consent to the purchase expressed through "online" acceptance or by signing the order form attached to the electronic catalog on the website.
There is no minimum purchase order.
The customer can pay for the ordered goods using the payment services indicated online at the time of purchase:
– cash on delivery to the courier
– in cash
For more information, please see the PAYMENT section
If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorize this transfer
3. PRODUCT AVAILABILITY
The website's IT system is designed to ensure immediate order fulfillment and avoid unnecessary waiting for the customer; it indicates, in real-time, in its electronic catalog, the physical availability of the product and any condition of unavailability.
Should an order exceed the quantity in stock, the IT system will allow only the existing quantities to be "checked out," purchased, and received within the specified times. Product availability is not guaranteed on Saturdays and Sundays as the website is not updated.
It may happen that two simultaneous orders prevent availability from being updated. In this latter case, the customer will be informed within 72 hours of the lack of availability and the possible waiting time for the order to be fulfilled. If the consumer and/or client does not agree to wait the necessary time for delivery (beyond the deadline provided for by art. 6 of Legislative Decree no. 185/1999), the contract will be considered terminated and the payment will be immediately reversed.
4. CONTRACT EXECUTION AND DELIVERY METHODS
The Company will deliver the selected and ordered products to customers, using the methods referred to in the previous article, through trusted couriers and/or forwarders or, at the sole discretion of the company, directly by the company itself. 4.1 Delivery times will never exceed those provided for by art. 6 of Legislative Decree 185/99. The delivery date is considered valid for the date of the courier's first attempt to deliver the goods to the address (meaning the main entrance of the building and not the entrance to the private residence), even if the attempt is unsuccessful due to the absence of the recipient or refusal of the goods.
5. OBLIGATIONS OF THE PURCHASER
The consumer and/or client undertakes and is obliged, once the "online" purchase procedure is completed, to print and store these general conditions, which, moreover, they will have already read and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 3 and 4 of Legislative Decree no. 185/1999. 5.1 The purchaser is strictly prohibited from entering false and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and related further communications; the personal data and e-mail must exclusively be their real personal data and not those of third parties, or fictitious data.
The consumer and/or client authorizes the use and undertakes to provide, upon the latter's discretionary request, a copy of unexpired identity documents. Failure to comply with the request for documents authorizes the termination of the contract due to the purchaser's non-fulfillment. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter third-party data. We reserve the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. 5.2 The Customer indemnifies against any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, the Customer being solely responsible for the correct input.
6. AUTHORIZATIONS
By filling in the appropriate section on the banking payment system website, the consumer and/or client authorizes the use of their credit card, or another card issued in replacement thereof, and to debit their current account with the total amount highlighted as the cost of the "online" purchase.
The entire procedure is carried out via a secure connection directly linked to the banking institution that owns and manages the "online" payment service, which the Company cannot access. Should the consumer exercise the right of withdrawal, as set out in point 9 of these general conditions, the amount to be refunded will be credited to the same credit card. 6.1 By filling in the personal data form in the registration procedure necessary to activate the process for the execution of this contract and related further communications, the consumer and/or client authorizes the communication of non-sensitive personal data (residence, telephone number) to trusted couriers and/or forwarders used for the delivery of purchased goods in order to allow the necessary delivery procedures.
7. LIABILITY
The consumer and/or client, from the moment they receive damaged goods or request their re-delivery to the carrier, has direct and exclusive recourse against the carrier itself. The latter is also responsible for delays in the delivery of the goods to the recipient.
In such cases, the Company must be considered exempt from any liability for losses or damage (spoilage) of the goods from the moment they are delivered without reservation to the carrier for transport. 7.1 In case of damage to the packaging or wrapping, the Customer is obliged to make reservations regarding the transported goods at the time of re-delivery, failing which the right will be forfeited. In case of partial loss or damage not recognizable at the time of re-delivery, the consumer and/or client must report the damage to the carrier, failing which the right will be forfeited, as soon as it is known and no later than eight days from receipt by registered letter with acknowledgment of receipt (art. 1698 of the Italian Civil Code). 7.2 To this end, it should be noted that all packages are packed with adhesive tape.
Similarly, we are not responsible for any fraudulent and illicit use that may be made by third parties of credit cards, checks, and other means of payment, at the time of purchasing products, as we are not, at any time, part of the procedure. 7.3 The images of the products published on the website are purely indicative.
8. WARRANTIES AND ASSISTANCE METHODS
8.1 The defect must be reported within ten days of discovery, failing which the right will be forfeited. 8.2 To request a replacement remedy, the Consumer must submit a specific complaint following the procedure indicated in point 10 below. 8.3 Subject to mandatory communication of the return code, it will be possible to authorize the return of the product for verification. Return shipping costs will be anticipated by the consumer. The risks related to the transport of the goods are borne by the sender. Shipments sent "freight collect" will not be accepted unless previously agreed with the seller. Should the alleged defect be found, the agreed remedy will be implemented within a reasonable time, and the incurred shipping costs will be credited, with the exception of those for non-standard services.
We reserve the right to charge the customer for any expenses incurred for product verification and redelivery, should the product prove to be intact and functional or free from the claimed lack of conformity attributable to the delivery date, contrary to what stated by the customer.
9. RIGHT OF WITHDRAWAL
The "consumer" who, for whatever reason, is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days from the day of receipt for goods, and from the day of conclusion of the "online" contract for services.
This right can only be exercised by consumers, therefore all purchases made for purposes unrelated to business or professional activity, i.e., where a VAT number is entered in the appropriate order form, do not enjoy this right. All costs of returning the products are expressly borne by the consumer, who, through their own shipping agent, will forward them to the logistics facility, subject to essential authorization for return.
All items must arrive in the same condition as received, unused and completely intact, with original packaging and any manuals, without any missing parts. It is understood that the risks of transport for the return of items are entirely borne by the consumer; the consumer cannot exercise this right of withdrawal for contracts for the purchase of sealed audio-visual products or computer software that have been opened by them; similarly, they cannot exercise this right for products custom-made or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly. The consumer may exercise the right of withdrawal by making a specific complaint or by sending the relevant communication via fax, telegram, or e-mail. Any type of communication (including a complaint) must be followed, under penalty of forfeiture, within 48 hours by a registered letter with acknowledgment of receipt; a brief comment on the event is welcome, though not necessary or obligatory. To facilitate return operations for the consumer who expresses their withdrawal, a merchandise return identification number will be communicated via postal message. This number will facilitate the return of the goods, which must take place no later than ten working days from the communication of the return number.
The return of the product for which withdrawal has been requested and obtained beyond the aforementioned deadline implies the forfeiture thereof with simultaneous refusal of redelivery. The returned goods will be accepted provided that they are verified to have been returned in their original condition and with intact packaging. It is advisable to cover the original packaging of the product with another protective packaging that preserves its integrity and protects it also from writing or special labels. Only in this case will the full amount paid by the consumer be forwarded within the legal terms.
The same amount will be credited by bank transfer. The Customer may communicate their bank details (ABI code - CAB code - Current Account of the invoice holder) and the due amount will be remitted. The right of withdrawal lapses entirely when the "essential condition of integrity of the good" (packaging and/or its content) is no longer met, in cases where it is ascertained: the absence of the original external/internal packaging; the absence of integral elements of the product; a use of the product such as to make it impossible to restore it to the conditions pre-existing the sale. In the event of forfeiture of this right, the purchased good will be returned to the sender, with shipping costs charged to the sender.
10. COMPLAINTS
Any complaint must be submitted online via e-mail to the address indicated in the CONTACTS section. The Customer will receive an e-mail confirming the opening of the complaint within the following three working days; the same communication will provide instructions for defining the procedure and forward requests for clarification or documentation. In compliance with current regulations, the Customer/Consumer, in case of a complaint submitted more than six months after product delivery, must provide suitable documentation proving that the lack of conformity existed at the time of delivery.
11. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
The Company has the right to terminate the stipulated contract by simply communicating it to the consumer and/or client with adequate and justified reasons; in this case, the client will only be entitled to the refund of any amount already paid. 11.1 The obligations assumed by the client as per art. 5 (Purchaser's obligations), as well as the guarantee of successful payment made by the client using the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the consumer and/or client of even one of these obligations will result in the legal termination of the contract ex art.1456 c.c., without the need for a judicial pronouncement, without prejudice to the Company's right to take legal action for further damages.
12. PROVISION AND PROCESSING OF PERSONAL DATA
Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and related necessary communications; such data is processed electronically in compliance with current laws and may only be displayed upon request by judicial authorities or other authorities authorized by law for this purpose. Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively within the scope of this purpose. The Customer expressly undertakes to provide the Company with a copy of identity documents deemed necessary for any checks. Failure to comply with the aforementioned request authorizes immediate contractual termination for non-fulfillment. The processing also takes place with the aid of electronic means, in compliance with the methods that art. 11 of Legislative Decree 30 June 2003, no. 196 places as a guarantee for the user and, in general, protecting their rights, fundamental freedoms and dignity, with particular reference to privacy and personal identity. The processing will take place for a period not exceeding that strictly necessary for the fulfillment of the purposes described above. Personal data is not communicated to third parties.
The cancellation of personal data is subject to sending a written communication via email to the address indicated in the CONTACTS section or by post to the company headquarters. The data controller and processor for the collection and processing of personal data is SPORT 2000 DI BORRELLI LUDOVICA
