TERMS OF SALE
DATE OF PUBLICATION ON THE WEBSITE AND OF ENTRY INTO FORCE: 01/06/2020
1.1. These general conditions of sale (hereinafter also the “Conditions“) apply to the purchase of “Ciesse Piumini” brand products (hereinafter “Products” or in the singular “Product“) made through the e-commerce site www .ciessepiumini.com (hereinafter the “Site“) by users qualifying as “Consumers” pursuant to article 1.2 below. The Site is owned by SPORT FASHION SERVICE SRL with registered office in Via Matteo Bandello 8 – Milan – 20123 MI – Italy, VAT number 09238561006, Fiscal Code 09238561006, registered in the Company Register of Rome with registration number RM -1150650 (hereinafter “Holder“).
1.2. Purchases of Products made through the Site will see Sport Fashion Service srl as parties, as seller (hereinafter the “Seller“), and the person who proceeds with the purchase of one or more Products for purposes not related to his business activity, commercial, artisanal or professional, as buyer (hereinafter the “Consumer“), (Seller and Consumer will be collectively referred to below as the “Parties“).
1.3. The Owner is also the owner of the rights to the domain name of the Site, of the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents 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 concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address email@example.com.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:
1. the purchaser will not be granted the right of withdrawal referred to in article 10;
2. the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8;
3. the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
4. the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent to him by e-mail to the address he declared during registration on the Site or during the purchase process.
1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the ability to act, which the Consumer declares to possess.
1.9. Any costs for Internet connection to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer are the exclusive responsibility of the Consumer.
2. PRODUCT CHARACTERISTICS AND THEIR AVAILABILITY IN THE DIFFERENT GEOGRAPHIC AREAS
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the Consumer sends the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded starting from from that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics may be subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States indicated on the Site.
3. METHOD OF PURCHASE OF PRODUCTS - IMPLEMENTATION OF EACH SINGLE PURCHASE AGREEMENT
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation 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 Website has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or make a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address he declared to the Seller when registering on the Site or when sending the order if the Consumer is not registered on the Site , an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at firstname.lastname@example.org.
3.4. Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. PRODUCT SELECTION AND PURCHASE PROCEDURE
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, the contents of which he can modify: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate tick (check-box) present on the Site and finally, through the “Insert order” key, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (at the same time as the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be debited exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the Product selection procedure on the Site referred to in point 4.1, above, the Consumer detects that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem occurring on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service by sending an e-mail to the e-mail address email@example.com.
5. DELIVERY OF ITEMS AND ACCEPTANCE
5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following the one in which the Consumer sent the order. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen the bank transfer as payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3 The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with respect to the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing which the Products will be considered accepted. If the packaging or casing of the Products ordered by the Consumer should reach its destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reserve”.
6. PRICES, SHIPPING COSTS, TAXES AND TAXES
6.1. The price of the Products is that indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and which the same The Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country that does not belong to the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for whatever reason, to the Products ordered on the basis of these Conditions are the sole responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.
7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller’s current account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Global Collect Service BV, with registered office in Amsterdam (The Netherlands), via Planetenweg 43-49, 2132 HF , Hoofddrop, registered with the Amsterdam Chamber of Commerce under number 34140462, operator who takes care of payments on behalf of the Seller. The transmitted data will be sent in secure mode, by means of encrypted data transfer with the 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. If the payment is made by bank transfer to the Seller, the Consumer must indicate the “Swift” and “IBAN” codes shown in the order confirmation, as well as the order number.
7.5. The Seller will promptly send to the Consumer, if required by applicable law, in electronic format by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. SELLER'S LEGAL WARRANTY OF CONFORMITY, REPORTING OF DEFECTS OF CONFORMITY AND WARRANTY INTERVENTIONS
8.1. Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (hereinafter “Consumer Code“), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided by the Seller and/or the Owner, or indicated in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any defects and non-conformities no later than 2 (two) months from discovery, sending to Customer Service by e-mail at firstname.lastname@example.org , the appropriate form correctly completed, with indication of the defect and/or non-compliance found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or tax receipt).
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner’s assistance service and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the “Return Code”, by e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which must be ascertained after the return. The Products whose return has been authorized by the Seller must be returned by the Consumer, together with a copy of the return authorization communication bearing the “Return Code”, within 30 (thirty) days of reporting the defect or non-compliance, to the following address: SPORT FASHION SERVICE SRL, VIA MATTEO BANDELLO 8, 20123 MILAN (MI) ITALY
8.4. In the event of defects or non-compliance, the Consumer will have the right to have the Product restored to conformity by the Seller, by means of repair or replacement, or alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree n. 206/2005.
If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to notify the Seller, again via e-mail to the address email@example.com, of the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS
9.1. As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, in his capacity as distributor of the Products through the Site, frees himself from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative manufacturer.
10. RIGHT OF WITHDRAWAL
10.1. Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 ( fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product was delivered.
10.2. To exercise the right of withdrawal, the Consumer must inform Sport Fashion Service srl, before the expiry of the term referred to in point 10.1 above, of his decision by accessing the “My Returns” page from My Account or, if not registered to the site, by accessing the dedicated page and entering the order number and the e-mail address used to make the purchase. Alternatively, the Consumer can send an explicit declaration to Sport Fashion Service srl via the contact form or to the e-mail address firstname.lastname@example.org, of his decision to withdraw using the attached model withdrawal form.
10.3. Following the provisions of point 10.2 above, the Consumer will receive an email confirming the withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and instructions for proceed with the return of the product, to be sent within and no later than the following 14 days a
SPORT FASHION SERVICE SRL
VIA MATTEO BANDELLO, 8
20123 (MILAN) – ITALy
10.4. If the Consumer has received the product, he is required to return it to SPORT FASHION SERVICE SRL without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period has expired. The direct risks and costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request he will be indicated the cost for returning the goods, if he wants to use the return service offered by the site.
10.5. In the event of withdrawal, the Consumer will be reimbursed for the payments he has made, including delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has sent the goods back, whichever comes first.
10.6. The Consumer is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product) , not accompanied by the attached instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protect it during transport also from writing or labels.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of SPORT FASHION SERVICE SRL and /or its assignees, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products.
11.2. The contents of the Site cannot 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 SPORT FASHION SERVICE SRL.
12.1. In order to proceed with the registration, forwarding of the order and therefore the conclusion of the contract on the basis of these Conditions, some personal data from the Consumer are requested through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by SPORT FASHION SERVICE SRL, in accordance with and in compliance with the legislation referred to in Italian law Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific privacy information provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify his personal data provided to the Seller through the specific section of the “My Account” website accessible after authentication.
13.1. Although the Seller adopts measures aimed at protecting personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
13.2. With regard to data relating to credit card payments, the Seller makes use of the services of the company Global Collect Service BV which adopts technological systems capable of guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. APPLICABLE LAW, ATTEMPT OF CONCILIATION AND COMPETENT COURT
14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will remain unaffected.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, which can be selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller’s e-mail address to be indicated on the European ODR Platform is the following: email@example.com.
14.4. If the conciliation attempt referred to in the previous point 14.2 or 14.3 is not accepted or if such attempt should have a negative result, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.