Terms of service
Conditions of sale
1.1 These general conditions of sale govern the offer and sale through the site by the Independent S.r.l., Piazzale Donatello, 2, 50132, Florence, Florence ("Seller") of the products and/or services specifically indicated on the site as "sold and shipped by the seller" ("products").
1.2 The offer and sale on the product site constitute a distance contract governed by Chapter I, Title III (Articles 45 and SS.) Of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.3 These General Conditions of Sale apply to all sales of the products made by the seller through the Site ("General Conditions of Sale" or "CGV") and do not apply to the sale of products and/or services on the site by Seller other than the seller ("third sellers").
They are made available to the user on the site page that contains the identification details of the seller and other specific information on the same and which is accessible by clicking on the name "Company" or "Contacts" on the online page https: //shop.spternational .it. It should be noted that these contacts, including the specifications contained therein, can be modified at any time, any changes will be in force from the moment of their publication on the online page https://shop.spintrnational.it. Users are therefore invited to access the site regularly and to consult, before making any purchase, the most updated version of these General Conditions of Sale, accessing the indicated pages.
1.4 The general conditions of sale are applicable are those in force on the date of transmission of the purchase order of a product.
1.5 Before proceeding with the purchase of products through the Site, the user is required to carefully read these General Conditions of Sale made available to him and whose storage and reproduction is allowed, as well as all the other information that the Seller provides them on the site, both before and during the purchase procedure.
1.6 These General Conditions of Sale do not regulate the sale of products by subjects other than the seller who are present on the site through links, banners or other hypertext connections. Before making commercial transactions with these subjects it is necessary to check their conditions of sale. The seller is not responsible for the provision of services and/or for the sale of products by these subjects. On the websites that can be consulted through these connections, the seller does not carry out any checks and/or monitoring. The seller is therefore not responsible for the contents of these sites or for any errors, and/or omissions and/or violations of the law by the same.
1.7 Subject of the products are helmets, T -shirts, clothing and gadget accessories of various kinds. The seller guarantees that the products sold are all approved in compliance with the Italian national and community discipline, and accompanied by a suitable guarantee of the manufacturer.
2. Purchases on the site
2.1 The purchase of the products on the Site can only take place upon registration on the Site with the methods referred to in art. 3 which follows and is allowed to both users who cover the quality of consumers and to users who do not cover such quality. Purchase is allowed to natural persons only on condition that they have turned 18.
2.2 pursuant to art. 3, the paragraphs, lett. a) of the Consumer Code, it should be remembered that the natural person who acts for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out is consumer.
2.3 In the case of orders, by anyone coming, who are abnormal in relation to the quantity of the products purchased or the frequency of the purchases made, the seller reserves the right to take all the actions necessary to end the irregularities, including the suspension of the Access to the site, the cancellation of registration on the site or non -acceptance or cancellation of irregular orders.
2.4 The seller reserves, finally, the right to refuse or delete orders that come (s) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously violated these CGV and/or the conditions and/or terms of the purchase contract with the seller; (III) by a user who has been involved in fraud of any type and, in particular, in fraud relating to payments by credit card; (IV) by users who have issued false, incomplete or in any case inaccurate identification data or that have not promptly sent the seller the documents requested by the same as part of the procedure referred to in Articles 9.1.2 and 9.1.3 who follow, or that they have sent him unrealities.
3. Registration on the site
3.1 Registration on the site is free. To register on the site, the user must fill in the appropriate form, entering name, surname, e-mail address and a password and click on the "Continue" button. In the event that the registration takes place during the purchase procedure, the insertion of the address, the telephone number and the tax code will also be required. Each user can take advantage of a single registration on the Site. The insertion of the registration credentials is the manifestation of the user's will to register on the site and acceptance of the general conditions of sale. In addition, through this insertion, the user manifests the desire to register by authorizing the storage of the data of the card/and credit entered, for the purpose of their reuse for the payment of purchases on the site, with express authorization for the processing of their data personal, Legislative Decree 196/2003 and S.M.I ..
3.2 The registration credentials (e-mail address and password) allow the user to: (i) make purchases on the site and, if the user has chosen the saving of credit cards, to pay the purchases made on Site directly, and that is, without the entry of the credit card data to each subsequent purchase. The registration credentials (e-mail address and password) must therefore be kept with extreme care and attention. They can only be used by the user and cannot be sold to third parties. The user undertakes to keep them secret and ensure that no third party has access to you. He also undertakes to immediately inform the competent authorities in the event that suspects, or becomes aware, of an undue use or an undue disclosure of the same.
3.4 The user guarantees that the personal information provided during the registration procedure on the Site are complete and truthful and undertakes to keep the seller unscathed and manned by any damage, compensation obligation and/or sanction deriving and/or in any way connected to the violation by the user of the rules on registration on the site.
4. Direct information to the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the seller informs the user that:
a) To conclude the purchase contract of one or more products on the Site, the user must fill in an order form in electronic format and transmit it electronically to the seller, via the platform, following the instructions that will appear from time to time on the site;
b) the contract is concluded when the order form reaches the server that the seller uses;
c) before proceeding with the transmission of the order form, the user can identify and correct any errors of data entry by following the instructions on the site in the various phases of the purchase;
d) once the order form has been recorded, through the appropriate messaging service of the platform pursuant to art. 15 which follows, will be sent to the user, to the indicated e -mail address, the confirmation of the order containing.
e) the order form will be archived by the seller through the platform for the time necessary for the execution of the same and, in any case, in terms of the law. The user can access the order form and/or data to the same relative through his personal account.
4.2. The language available to users for the conclusion of the contract is Italian and English. Customer service is able to communicate with users in the same language.
5. Availability of products
5.1 The products offered on the Seller are the items in the electronic catalog published on the Site, and displayed by the User at the time of ordering the order, specifically indicated as "sold and shipped by the seller".
5.2 Each product is accompanied by an information page that illustrates the main characteristics ("product page"). Inside the product page there will be a special section containing the information about the availability of the product.
5.3 The availability of the products is monitored and updated. However, since the site can be visited by multiple users at the same time, it may happen that multiple users acquire the same product at the same instant. In such cases, therefore, the product could be, for a short period of time, available, being instead exhausted or of not immediate availability, being for the same necessary to obtain the reabsorption.
5.4 If the product is no longer available for the reasons indicated above or in the other cases of unavailability of the product, without prejudice to the rights attributed to the user by the law, and, in particular, by the Chief XIV of Title II of book IV of the Code civil, the user will be able to accept one of the following seller proposals:
(i) If a product reabsorption is possible, a dialing of the delivery terms, with indication of the new delivery time of the reabsorted product;
(ii) If a reassoring the product is not possible, the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and subject to express acceptance of the user.
The user's choice must be promptly communicated to the seller through the appropriate messaging system of the platform referred to in art. 15 that follows.
5.5 In the event that the user makes use of the right of resolution referred to in art. 61, IV and V paragraph, Consumer Code, and the payment of the total amount due, consisting of the price of the product, the delivery costs, if applied, and any other possible additional cost, as resulting from the order (“Amount Total due ") has already happened, the seller will reimburse the total amount due without undue delay and, in any case, within the deadline of 14 working days from the day of the termination of the contract. The reimbursement amount will be communicated to the user through the appropriate messaging system of the platform referred to in art. 15 that follows and accredited on the same vehicle of payment used by the user for the purchase. Any delays in the accreditation may depend on the banking institution and/or the type of credit card used. The termination of the purchase contract pursuant to the preceding items involves the termination of any any accessory contract to the one terminated.
5.6 In the case of orders concerning a plurality of products ("Multiple Order"), if the unavailability exceeds only some of the products subject to the multiple order - without prejudice to the rights attributed to the user by the law, and, in particular, From Chapter XIV of Title II of book IV of the Civil Code, and without prejudice to the application of articles 5.4 and 5.5 that precede, if the unavailability exceeds all the products covered by the order - the seller will immediately warn the user through the appropriate messaging system referred to in art. 15 that follows. The user will therefore be entitled to immediately terminate the contract, limited to the product and/or the products that have become unavailable. The termination of the purchase contract pursuant to this paragraph involves the termination of any accessory contract to the partially terminated one, limited to the event that the accessory is relating to the product (s) that has become unavailable (s).
6. Product information
6.1 Each product is accompanied by the product page with the possibility of requesting more information through the compilation of the appropriate form "Request more information on". The images and descriptions on the site reproduce as faithfully possible the characteristics of the products. The colors of the products, however, could differ from the real ones due to the settings of the IT systems or computers used by users for their display. Furthermore, the images of the products on the Site could differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the product contained in the order form transmitted by the user will be valid.
7.1 All the prices of the products published on the Site are in euros and are understood inclusive of VAT and, where applicable. The delivery costs, which may vary in relation to the chosen delivery method and/or in relation to the payment method used, will be specifically indicated (in euros and including VAT) during the purchase procedure, before the user is tied from the contract, in the summary of the order and in the order confirmation e-mail.
7.2 The seller reserves the right to change the price of the products at any time and also, possibly, several times during the same day. It is understood that the price of the product that will be charged to the user will be the one indicated in the summary of the order, displayed by the user before the order, and that any changes (increasing or decrease) will not be taken to the transmission of the order itself.
8. Purchase orders
8.1 The purchase contract is resolutively conditioned to the non -payment of the total amount due.
In the event that this payment does not take place, the contract will therefore be considered as a right. Of this resolution and the consequent cancellation of the order, the user will be immediately notified immediately after the transmission of the order, through the site.
8.2 The property of the products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the product to the carrier ("shipping"). The risk of loss or damage to the products, due to the case not attributable to the seller, will be transferred to the user when the user or a third party designated by him and different from the carrier, physically enters possession of the products.
8.3 In order to send an order relating to a product through the site it is necessary to read and examine this CGV carefully.
9. Payment methods
9.01 The payment of the products purchased on the seller's website can be made by bank transfer or credit card, in the manner described in the following paragraphs.
9.02 Please note that in the event that the order has as its object products sold and shipped from one or more third sellers, including the seller ("mixed order"), the only accepted payment method, also in relation to the products sold e shipped, it's the credit card.
9.03 In the case of a mixed order, although the trolley and payment are unique, in all respects, even of the law, of distinct orders grouped for seller, identified, as such, by a specific and distinct number D order and separately shipped and charged on the credit card used for payment, with the timing scheduled for these CGVs regarding the orders relating to the products and in the general conditions of sale of the significant sellers of third party as regards the products of these sellers ( "Orders within the mixed order").
The order confirmation of the mixed order will be unique, but it will contain as many parties as there are orders within the mixed order, with separate indication in reference to each of them of the information referred to in art. 4.1 (d) preceding.
9.04 In the case of mixed order, the existence of a multiple order, as defined in art. 10.3 which follows, is assessed with reference to the order within the mixed order (e.g. if the user acquires through the same mixed order, two products from the seller and a product from a third seller, the order inside of the mixed order relating to the products sold by the seller is to be considered a multiple order, while the order relating to the product purchased by the third seller must be considered a single order) ("multiple order within a mixed order").
9.05 remains still that in the case of a multiple order within a mixed order the delivery of the products purchased through the site may be both contextual is divided.
9.1 Credit card
9.1.1 The payment of the products purchased on the Site can be made by credit card directly through the site. The credit cards of the Visa, Mastercard, Americanxpress, Maestro circuits are accepted. The credit cards accepted are, in any case, indicated on the relevant page when choosing the payment method on the site. The charge of the total amount due by the user to the seller for the purchase of the products is carried out in a moment that is placed after the transmission of the order and before the shipment. By selecting the "Save your credit card for the next purchases" box on the "Make payment" page of the purchase procedure or by accessing the "Saved Credit Cards" section of your personal account, the user can authorize the storage of Data of one or more credit cards and their reuse for the payment of subsequent purchases on the site and on the other sites of third party sellers on which he decides to buy by lifting the seller from any responsibility for. The user can, at any time, revoke the authorization for the reuse of credit card data for subsequent purchases, accessing the "saved credit cards" section of his personal account and deleting the cards already saved or, during the procedure purchase, clicking on the "Edit" button that appears next to the stored credit cards.
9.1.2 In order to guarantee the safety of payments made on the site and prevent any fraud, the seller reserves the right to ask the user, through the appropriate messaging system referred to in art. 15 that follows, to send, through the same vehicle, a front/retro copy of its identity card and in the event that the owner of the order is different from the holder of the card, the identity card of this last. The document must be valid. The request e-mail will be specified by the deadline within which the document must be received by the seller.
In any case, this term will not be greater than 5 working days from the user's reception of the request. Pending the required document, the order will be suspended. The user is required to send the documents requested within the deadline indicated.
9.1.3 In the event that the seller does not receive these documents within the term specified in the request e-mail or receives expired or unreachate documents, the contract will be understood as a right of rights pursuant to and for the effects of art. 1456 of the Italian Civil Code, and the order consequently canceled. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by the seller, will entail the cancellation of the order with consequent reimbursement of the amount Total due, if paid, according to the provisions of art. 10.3. In the case of timely receipt by the seller of the valid documentation requested, the delivery terms applicable to the product will start from the date of receipt of this documentation.
9.1.4 The confidential data of the credit card (card number, holder expiry date, security code) are encrypted and thus transmitted to the payments manager. The seller therefore never has access and does not store the credit card data used by the user for the payment of the products, even in the event that the user proceeds to save credit cards, without prejudice to the case, limited to the data relating to the holder of the paper, referred to in Articles 9.1.2 and 9.1.3 who precede.
10. Methods, expenses and delivery terms
10.1 Product deliveries are made only in the Italian territory. The delivery obligation intends to fulfill through the transfer of material availability or in any case of the control of the products to the user. It is understood that with the delivery of the product to the carrier, no responsibility can be attributed to the seller for any damage dictated by transport or this attributable to this. For these reasons, the seller invites users to always check, preliminarily to the signing of the DDT (transport document), the integrity of the packaging, the absence of deformations on the package of the package and/or any tampering of any kind, for which no responsibility can be attributed/attributed to the seller who cannot be called to respond to any title.
10.2 At the time of shipment, an e-mail of confirmation of the delivery to the carrier in which the link containing the number of tracking through which the user can check the status of the shipment will also be sent to the user.
10.3 "standard" delivery is free of charge on the national territory, where the user requires a different type of delivery, or delivery within 24 hours from the order, this will be counted in the order summary under the "delivery costs" e integral charge of the user.
10.4 In the summary of the order and, therefore, before the user proceeds to the transmission of the same, the total price of the order will be indicated, with a separate indication of the delivery costs and any other possible additional expenditure in the hypothesis that does not "standard" delivery sections which instead is and remains free. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due by the user in relation to the product. The seller will proceed with the issue of the invoice relating to the purchases made on the site in the cases provided for by the applicable legislation.
10.5 The delivery of the products purchased on the Site can take place, of choice of the user: (i) to the postal address specified by the user in the order form ("home delivery"); or (II), if the seller has activated this service, at the withdrawal point called "Pick & Pay" selected by the user during the purchase procedure ("Delivery at the Pick & Pay").
10.6 Home delivery
10.6.1 In the case of home delivery, the products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form. The seller offers the user at least the home delivery mode by express courier. During the purchase procedure, before the user proceeds to transmit the order, the costs and terms associated with this home delivery method and any other home delivery method that may be made available to the user by the seller are indicated.
10.6.2 The home delivery of the product means on the road surface, unless otherwise indicated and except in the case in which the user has chosen the delivery to the plan, if put at his disposal by the seller.
10.6.3 The user acknowledges that the withdrawal of the product is his precise obligation. If the home delivery mode chosen by the user among those made available to the seller does not provide for delivery at an agreed time, in the event of non -delivery for the absence of the recipient, the courier will leave a notice to document the delivery attempt ( c.d. passage of passage). The notice will also contain the contact details at which the user can contact him to agree on the return or withdraw the package. After the delivery attempt empty, the package will go into stock at the courier.
The user is required to collect the package within 3 calendar days from the second day following the one in which the passage was left. In the event that the user does not withdraw the product within this term, the purchase contract can be understood as a legal right and the seller will be authorized to retain the relative payment. The possibility for the user, within the aforementioned deadline, remains to contact the seller to agree on the delivery of the product again, in this case the user will be required to payment of the expenses of the home delivery of home delivery, the expenses of stock, the costs of returning to the seller and any other expenses in which the latter has incurred due to the failure to deliver due to the absence of the recipient.
10.6.4 The user is required to report any particular characteristics relating to the place of delivery of the product and/or its location, inserting a note to the order, in the appropriate space made available to him at the end of the purchase procedure and before sending the order. In the event that it does not provide these indications or provide incorrect indications, any additional costs that the seller must bear to carry out the delivery of the product will be against him.
10.7 Delivery at the Pick & Pay
10.7.1 In the event that the seller makes the delivery at the Pick & Pay available to the user and the user chooses this delivery mode, the user may withdraw the product purchased at the collection point called "Pick & Pay" by him selected . To use this mode, the user, during the purchase procedure, will have to select the "Pick & Pay withdrawal" option and choose the pick & pay with which he wishes to delivered. The address, telephone number and opening hours are indicated for each pick & pay.
10.7.2 As soon as the product is ready for collection, the user will receive an e-mail and, if the user has also provided a mobile number, a warning SMS of the delivery of the product at the Pick & Pay (" Communication of delivery to the pick & pay "). From the date indicated in the communication of delivery to the Pick & Pay, the user will have 5 working days available to provide for the collection of the product.
10.7.3 The product can be collected by the user from Monday to Saturday morning, at the opening hours of the pick & pay, excluding national holidays in Italy. To collect the product, the user must provide the Pick & Pay staff with the number of the purchase order and exhibit, on request, an identity document. If you do not withdraw personally, the user can delegate a third in writing. The delegation must be accompanied by a copy of the user's identity document and the delegated person, as well as contain the indication of the number of the purchase order.
10.7.4 The user has the obligation to withdraw the product within the deadline of 5 working days from receiving the communication of delivery to the pick & pay. If the user does not fulfill this obligation, the purchase contract can be understood to be terminated by law and the seller will be authorized to hold back the relative payment. The possibility for the user, within the aforementioned deadline, remains to contact the seller to agree on the delivery of the product again, in this case the user will be required to payment of the expenses of the home delivery of home delivery, the expenses of stock, the costs of returning to the seller and any other expenses in which the latter has incurred due to the failure to deliver due to the absence of the recipient.
10.8 Provisions common to all types of delivery
10.8.1 During the purchasing procedure, before the user transmits the order, the terms within which the seller undertakes to deliver the products covered by the User's order will be indicated and which take into account, as well as the area and of the delivery method, also of the possibility that the user purchase more produced with the same order. The delivery terms start from the conclusion of the contract (sending the order), unless otherwise indicated. The term of delivery of the specific order will also be indicated in the order confirmation. In the event of an omitted indication of the delivery deadline, it will take place, in any case, within thirty days from the date of conclusion of the contract. The provisions of art. 9.03 which precedes in relation to mixed orders and orders within the mixed order.
10.8.2 In the event that the purchased product is not delivered or delivered late compared to the delivery terms indicated during the purchase procedure and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites the seller to carry out the delivery within an additional term appropriate to the circumstances ("additional term pursuant to art. 61, III paragraph, consumer code"). If this additional term expires without the products having been delivered to it, the user is entitled to terminate the contract ("termination of the contract pursuant to art. 61, III paragraph, consumer code").
10.8.3 It is up to the user to check the conditions of the product that has been delivered to him. It being understood that the risk of loss or damage of the products, for the cause not attributable to the seller is transferred to the user, when the user, or a third party designated and different from the carrier, physically enters the products, is recommended to user to check the number of products received and that the packaging is intact, not damaged, nor wet or in any case altered, also in the closing materials (adhesive tape or metal holders) and is invited, in its interest, to indicate on the Vector transport document, any anomalies, accepting the package with reserve. In fact, the reserve reception of the products does not allow the user to act in court against the courier, in the case of loss or damage to the products, except in the event that the loss or damage are due to willful misconduct or gross negligence of the Corriere himself and except for the partial loss or damage that cannot be recognizable at the time of delivery, provided that in the latter case, the damage is reported just known and no later than eight days after the reception. In the event that the packaging has evident signs of tampering or alteration, it is also recommended to the user to give ready communication to the seller through the appropriate messaging system of the platform referred to in art. 15 that follows. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains firm.
11. Right of withdrawal from the purchase of products consisting of assets
11.1 Pursuant to articles 52 and ss. of the consumer code, the user who covers the quality of consumer has the right to withdraw from the purchase contract of the product in terms of the law.
11.2 To exercise the right of withdrawal, the user must inform the seller, before the expiry of the withdrawal period of his decision to withdraw. The declaration of withdrawal must be sent by PEC to the following PEC address: firstname.lastname@example.org or by registered letter with return receipt to the address s.p. International S.r.l., via Giuseppe Di Vittorio, 33 - 50145 Florence (FI).
11.5 The user must return the products to the seller, using a carrier of his choice and at his own expense, without undue delay and in any case within the deadline of 14 days from the date on which he communicated his decision to withdraw to the seller. The term is respected, if the user respects the products before the expiry of the period of fourteen days. The product, suitably protected and packed, must be sent to the following address: S.P. International S.r.l. Via Giuseppe Di Vittorio, 33 - 50145 Florence (FI).
The direct costs of returning the products to the seller are borne by the user. The return of the product to the seller takes place under the responsibility and the user's expense.
11.6 If the user withdraws from the contract, the seller will refund the total amount due by the user for the product, including delivery costs. The seller can suspend the refund until the products are receipt.
11.7 The user is responsible only for the decrease in the value of the goods resulting from a manipulation of the product other than that necessary to establish the nature, characteristics and functioning of the product. The product must however be kept, manipulated and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and illustrative sheets, with identification tags, labels and disposable seal, where present , still attached to the product and intact and not tampered with, as well as perfectly suitable for the use to which it is intended and devoid of signs of wear or dirt. The withdrawal also finds application to the product in its entirety. It cannot therefore be exercised in relation to the parts and/or accessories of the product.
In the event that the serial code of the same is inserted on the packaging of the product, it constitutes part of the product and, consequently, the product must be returned to the original packaging, which must be placed in a further packaging, not being able to affix on any Another label or tape.
The original packaging is always to be considered part of the product for the purpose of exercising the right of withdrawal.
11.8 In the event that the withdrawal has not been exercised in accordance with the provisions of applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle any refund.
The seller will notify the user, through the appropriate messaging system of the platform referred to in art. 15 which follows, within 7 working days of receipt of the product, rejecting the request for withdrawal.
The product will remain at the seller available to the User for the retreat, which must take place at the expense and under the responsibility of the user himself no later than 14 days. From making available, after which the contract will be considered terminated in favor of the seller without any right for the user in terms of reimbursement. 11.9 In the event that the product for which the withdrawal has been exercised has undergone a decrease in value resulting from a manipulation of the asset other than that necessary to establish the nature, characteristics and operation of the product, the refund amount will be reduced by an amount equal to this decrease in value.
Of the circumstance and the consequent decreased amount of reimbursement, the seller will notify the user, through the appropriate messaging system of the platform referred to in art. 15 which follows, within 5 working days of receipt of the product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in the value of the product.
11.10 In the event that, given the particularity of the product (this is a tailor -made product) the right of withdrawal does not apply, this exclusion will be given specific and express communication on the product page and, in any case, during the purchase procedure, before the user proceeds to transmission the order or within 7 days from the same.
12. Legal guarantee of conformity
All products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the consumer code ("legal guarantee").
The seller's legal guarantee, referred to here, refers and finds application only regarding defective products, which work badly or do not respond to the use declared by the seller or to which that asset is generally intended, being further technical defects relating to the Produced in its intrinsness (characteristics of the helmet that does not comply with the reference legislation or, defects of the helmet not responding to the technical diligence on the subject) of exclusive competence of the parent company, against which the user will have to address any complaints and/or complaints within the terms of the law.
To those who apply
The legal guarantee is reserved for consumers. It therefore finds application, only to users who have made the purchase on the site for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out. To those who have purchased on the site and who do not cover the quality of consumers, the guarantees for the defects of the thing sold will be applied, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
The seller (and, therefore, as regards the purchases of the products indicated on the Site as "sold and shipped by the seller") is responsible against the consumer for any defect of conformity existing at the time of the delivery of the product, remaining of an exclusive competence of the Manufacturer any defect relating to the lack and lack of the technical characteristics of the product and/or non -compliance with the national and community legislation of reference on the subject, for which there is the relative guarantee of the parent company.
The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
In order to take advantage of the legal guarantee, the user must first of all proof of the date of purchase and delivery of the property.
It is therefore appropriate that the user, for the purpose of this test, retain the order confirmation or the purchase invoice as well as the DDT or any other document that can certify the date of making the purchase and the date of delivery.
What is the defect of conformity
There is a defect of conformity, when the good purchased:
It does not comply with the description made by the seller and does not have the qualities of the good that the seller presented to the consumer as sample or model;
does not present the qualities and performance that the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;
It is not suitable for the particular use wanted by the consumer, and that it was brought to them to the knowledge of the seller, at the time of the conclusion of the contract and that the seller accepted.
The defects attributable to accidental facts or user liability are therefore excluded from the scope of the legal guarantee, or from a use of the product not compliant with its intended use provided in the technical documentation attached to the product.
It is understood that defects of a technical nature relating to the product in its intrinsic (e.g. characteristics of the helmet that do not comply with the reference legislation or defects of the helmet that does not respond to the technical diligence in the matter) are and remain the exclusive competence of the parent company, in which The comparisons must address any complaints and/or complaints within the terms of the law.
Remedies available to the user
In the event of defect of conformity duly reported in terms, the user has the right:
In the primary way, to the repair or free replacement of the asset, for his choice, unless the requested remedy is objectively impossible or excessively expensive from the other;
secondaryly (in the event that the repair or replacement are impossible or excessively onerous or the repair or replacement have not been carried out within congruous terms or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the reduction of the Price or the termination of the contract, of his choice. The remedy requested is excessively expensive if it requires the seller unreasonable expenses in comparison to the alternative remedies that can be carried out, taking into account (i) of the value that the good would have if there was no defect in conformity; (ii) of the extent of the lack of conformity; (iii) of the eventuality that the alternative remedy can be experienced without considerable inconveniences for the consumer.
12.1 What to do in the presence of a defect of conformity
This paragraph, such as the previous one, applies only to defects of conformity of the product being, further technical defects of the product, of exclusive competence of the parent company against which the user is required to address any complaints and/or complaints.
In the event that a product purchased on the site, during the period of validity of the legal guarantee, manifests what could be a defect of conformity, the user must contact the seller, through the appropriate messaging service of the platform referred to 'art. 15 that follows.
The seller will promptly find the communication of the alleged lack of conformity and will indicate the user the specific procedure to be followed, also taking into account the product category to which the product belongs and/or the defect reported.
Depending on the type of product, the seller will indicate to the user if:
(i) The product can be sent to the seller for subsequent sending to the competent assistance center or
(ii) if on -site assistance is expected.
In the case referred to in the paragraph (i) preceding, the seller will collect the product and send it to the competent assistance center. In the case provided by the paragraph (II) which precedes, however, the seller will agree with the user a useful date for accessing on site.
In any case, the competent assistance center will carry out the necessary checks to ascertain the existence or not of the defect of conformity complained. In the event that the defect exists, if the user has chosen, among the available remedies, the repair, the assistance center will proceed with the repair. If, on the other hand, the user has chosen the replacement and it is not for the excessively expensive or objectively impossible seller compared to the repair, the seller will replace the product. If the assistance center finds the lack of conformity, any repair/replacement costs and those of transport to the service center will be borne by the seller. If the assistance center does not find the lack of conformity, it will not be possible to apply the legal guarantee and, therefore, the transport costs and the possible repair or replacement costs will be borne by the user. The seller will inform the user of the circumstance and any costs to be incurred for repair or replacement. The seller reserves the right to send the user the estimate issued by the assistance center, so that the user can decide whether or not to make the repair or replacement at his own expense. The user will have to authorize the repair or replacement at his expense in writing. Following this acceptance, a direct relationship will be established between the assistance center and the user to whom the seller will be completely foreign and with respect to which no responsibility can be attributed to the same.
In all cases, the repair or replacement of defective products, if due, will be carried out in the shortest possible time and in any case, except in exceptional cases or causes of force majeure, within 60 calendar days from the day the seller received the product defective. In the event that the replacement or repair initially choices are not made within this term, the user may request one of the alternative remedies provided for by the legal guarantee (replacement, in the event that repair was requested; replacement was requested; reduction of the price or termination of the contract).
The seller reserves the right to ask the user to attach the order relating to the order to the request to take advantage of the legal guarantee.
13. Conventional guarantee of the manufacturer
13.1 The products sold on the Site are covered by a conventional guarantee issued by the manufacturer ("conventional guarantee").
The user can assert this guarantee only to the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damage/defects covered and any limitations of the conventional guarantee depend on the individual producer and are indicated in the so -called guarantee certificate contained in the product packaging.
14. Marketing of third party services
14.1 The seller, in collaboration with third parties ("third parties"), can offer the user the possibility of purchasing the service provided by these subjects ("third service") under the site set by third parties and contained in the relative conditions Generals who will be made available to the user before he can purchase the third party service and which he must consult in order to make the purchase of the same.
14.2 The purchase of the third party service is on a burdensome and therefore provides for the payment of a cost paid by the user. This cost, any other detail information on the third service, on the third provider of the service and on the methods to activate and/or take advantage of the service itself will be provided during the purchase procedure before the user can proceed with the purchase of the service of the Third.
14.3 In the case of purchase through the site of a third party service, the user, which covers the quality of consumer, has the right to withdraw from the contract within fourteen calendar days from the day the user receives the e-mail with which he is communicated the activation code of the third party service and/or the methods to take advantage of the same. Attached to the e-mail containing the activation code of the third party service, the user will find the applicable withdrawal instructions.
15. Customer support and complaints
15.1 It is possible to ask for information, send communications or forward complaints by contacting the seller through the appropriate messaging system of the platform that the user can access through the reserved area of his personal account.
Unless the law does not have otherwise, all communications between the seller and the user relating to the purchase of the products also take place through the same system.
15.2 The seller will respond to the complaints through the appropriate messaging system of the platform referred to in art. 15.1 that precedes.
16. applicable law; Exhaustic composition of disputes - Alternative Dispute Resolution/Online Dispute Resolution
16. 1 The purchase contract concluded on the site between the seller and the user is regulated by Italian law.
16.2 The parties, in derogation from what is dictated by the legislation on the Consumer Code, expressly agree as an exclusive hole of competence, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, that of the District of the Court of Appeal where the seller's company has the registered office.
16.3 The parties agree in agreement and expressly to submit the disputes deriving from this contract to the conciliation attempt provided for by the OCF (Organism Conciliation Florence) which is based in Florence, the new Palazzo di Giustizia, access H, 11th floor, Viale Alessandro Guidoni, 61. In the event that the attempt faces, the disputes deriving from this contract or in relation to the same, will be resolved by appeal to the judicial authority of the Court of Florence, identified by the parties agreed as an exclusive hole of competence.
They are expressly approved by the user, as derogations from the reference legislation (Civil Code and Consumer Code) The clause 16 secured "applicable law; Exhagudial composition of disputes - Alternative Dispute Resolution/Online Dispute Resolution ”together with clauses 16.1 - 16.2 - 16.3.