General conditions of sale for online purchases on SportimeWorld
Distance sales agreement between SPORTIME s.a.s., with headquarters in via Emanuele Cutore 48 95030 Gravina di Catania, and the customer.
SPORTIME s.a.s., with headquarters in via Emanuele Cutore 48 95030 Gravina di Catania, registration number in the Catania Business Register and cod. tax 04414800872, VAT no. 044148008723, makes available to all users the possibility of purchasing the products on display over the Internet, (hereinafter "Products") and also a series of Services, via the website www.sportimeworld.it (hereinafter "Site"), of which Lorenzo Litrico is the sole and exclusive owner.
1. RESPONSIBILITY
SPORTIME s.a.s. assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, the execution of the agreement sale within the agreed time. SPORTIME s.a.s. will not be liable to any party for damages, losses and costs incurred as a result of failure to perform the sales agreement for the reasons mentioned above, or for damages, losses and costs incurred as a result of the use or 'impossibility to use the products purchased from SPORTIME s.a.s. , as the customer is only entitled to a refund of the price paid, excluding any shipping costs. Likewise SPORTIME s.a.s. is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products. SPORTIME s.a.s. , in fact, is unable to know the buyer's credit card number at any time during the purchase procedure; at the same time SPORTIME s.a.s. is not able to check the correct and lawful origin of the credit that is delivered by the customer upon receipt of the goods.
2. PURCHASER'S DUTIES
Once the online or e-mail purchase procedure has been completed, the customer undertakes to print and/or keep these general conditions, which, moreover, will have already viewed and accepted as an obligatory step in the purchase, as well as the printing of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
The buyer is strictly prohibited from entering false and/or invented and/or fantasized data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications; the personal data and e-mail must be exclusively the real personal data and not of third parties.
3. AUTHORIZATIONS
In the event that the Customer chooses to use the credit card payment method by filling in the appropriate fields on our website, he authorizes SPORTIME s.a.s. to use your credit card and to debit your bank account for the total amount shown as the cost of the purchase made in favor of the aforementioned company. The entire procedure is carried out via a protected connection directly connected to the Banking Institute which owns and manages the ''on-line'' payment service, to which SPORTIME s.a.s. cannot log in.
If the customer, having paid by credit card, should exercise the right of withdrawal, as articulated in these general conditions, the amount to be refunded will be credited to the same credit card. Likewise, in the event that the Customer chooses to use the "online installment" payment method by filling in the appropriate fields on our website, the whole procedure is carried out via a protected connection directly connected to the owner Credit Institution and operator of the ''on-line'' payment service, to which SPORTIME s.a.s. cannot log in.
If the Customer, having paid ''in installments online'', should exercise the right of withdrawal, as articulated in these general conditions, the amount eventually paid by the payment service manager ''on-line'' will be returned to the same and SPORTIME s.a.s. will be relieved of any commitment to the Customer.
4. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer must make, are of an essential nature, so that by express agreement, the failure by the Customer, of only one of these obligations, will determine the legal termination of the contract pursuant to article 1456 of the civil code, without the need for a judicial decision, without prejudice to the right for SPORTIME s.a.s. to take legal action for compensation for further damage.
5. JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of the "on-line" or by e-mail or telephone purchase agreements obtained through one of the websites www.sportimeworld.it or www.sportimeworld.com is subject to Italian jurisdiction; although not expressly provided herein, these general conditions refer to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05.
Any dispute between the parties regarding this contract will be the exclusive jurisdiction of the Court of Catania.
6. WARRANTIES AND ASSISTANCE METHODS
The products sold are covered by the manufacturer's standard guarantee and, for final consumers only, by the 24-month legal guarantee for lack of conformity, pursuant to articles 128 ff. legislative decree no. 206/2005.
The manufacturer's standard warranty is provided in the manner illustrated by the manufacturer.
The 24-month warranty applies to products that present a lack of conformity, provided that the product itself is used correctly and in compliance with its intended use and with the provisions of the attached technical documentation. This guarantee is reserved for the private consumer. In the event of a lack of conformity, the seller shall restore the conformity of the product by means of repair/replacement or a reduction of the price, up until the termination of the contract. If, following intervention by an Authorized Assistance Center, the defect does not result in a lack of conformity, the Customer will be charged for any costs of verification and repair required by the Authorized Assistance, as well as transport costs if incurred by the seller .
The timing of replacement or repair of the product depends exclusively on the manufacturer's policies.
In the event that, for any reason, it is unable to return a product under warranty to its customer (restored or replaced), the seller may proceed at its discretion to refund the full amount paid or to its replacement with a product of equal or superior characteristics.
In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...). For this purpose, the Customer must request SPORTIME s.a.s. the product return authorization number by filling in the appropriate request form made available online, present in the conditions of sale. In case of return authorization, the shipment of the defective goods will be charged to the customer, while the return of the repaired or replaced goods will be by SPORTIME s.a.s. . In the event that the goods returned under warranty are in perfect working order, SPORTIME s.a.s. will return the same at the expense of the customer. If the repair of the product is not covered by the guarantee, SPORTIME s.a.s. will communicate the amount of the estimate to the customer. In the event that the customer renounces the repair, he will be charged the cost of €35 requested by the assistance center for checking the product.
The warranty only covers the repair or replacement of unusable or inefficient items due to manufacturing or production defects found in the assistance center authorized by the manufacturer.
The warranty does not cover glass parts, lamps, bodywork; batteries, accumulators; consumables; maintenance and calibration interventions mentioned in the user manual supplied with the equipment.
The guarantee is not valid if the appliance has been tampered with by unauthorized personnel, if the faults have been caused by negligence or misuse by the purchaser, malice, transport, knocks, falls, leakage of battery liquid, use of consumables that do not comply with the specifications of the appliance manufacturer or other causes not dependent on manufacturing or production defects.
SPORTIME s.a.s. will never, in any case, be burdened with charges or damages deriving from any interruptions in the functioning of the devices subject to the guarantee.
Defective equipment must be sent, with prior authorization from SPORTIME s.a.s. , with the certificate of guarantee attached, to be paid by the Customer to the following address:
SPORTIME s.a.s. via Emanuele Cutore 48 95030 Gravina di Catania (CT) Italy.
The repair times of the official assistance centers of most manufacturers are around 45 days.
SPORTIME s.a.s. will never, in any case, be burdened with charges or damages deriving from any delays in the repair due to third parties.
7. FACULTY TO EXERCISE THE RIGHT OF WITHDRAWAL PURSUANT TO LEGISLATIVE DECREE 206/05
Subjects that cannot be classified as consumers are excluded from the legislative decree, i.e. those who act for purposesattributable to any professional activity carried out, i.e. anyone who places an order indicating the VAT number for the invoice.
The Customer has the right to withdraw, without any penalty and without having to specify the reason, within and no later than 10 working days from delivery (the delivery date shown on the courier's waybill is the proof).
The right of withdrawal is exercised within the deadline by sending a registered letter with acknowledgment of receipt and all the goods purchased to the following address: SPORTIME s.a.s. via Emanuele Cutore 48 95030 Gravina di Catania (CT) Italy. The communication can also be anticipated via e-mail, provided it is confirmed by registered letter with return receipt within the following 48 hours.
In the event of applicability of the right of withdrawal, the Customer is required to return all the items relating to the invoice at his own expense as they were received, i.e. absolutely new, unused, complete with all their parts and in the original packaging (envelopes and boxes). THE OPENING OF THE SEALED COMPUTER SOFTWARE MAKES THE RIGHT OF WITHDRAWAL UNAPPLICABLE pursuant to art. 55 paragraph 2 of Legislative Decree 206/05. For more information on the software and related licenses, contact the producers themselves.
Non-compliance with these principles renders the right of withdrawal inapplicable.
To return goods, we advise our Customers to use the insured Posta Celere service which we consider to be faster, safer and cheaper, or to contact one of the many couriers. We invite our kind customers to collaborate with us by following our procedure for sending returns and not to send us goods for which the right of withdrawal is not applicable.
In case of application of the right of withdrawal, once the goods have been received, SPORTIME s.a.s. will refund the entire amount paid by the customer excluding ancillary costs (packaging, labour, transport, cash on delivery fees, insurance, Paypal commissions, etc.), within thirty days from the date on which the communication was received by the following methods: an exchange of goods, a bank transfer, the reversal of the movement relating to the payment made by credit card, the return of the financed amount in the event of a loan already liquidated.
Attention: If the right of withdrawal is not applicable, the collection of the goods at our office will be the responsibility of the Customer.
8. WITHDRAWAL OF THE SUPPLIER
SPORTIME s.a.s. , should it be unable to process the requested order due to the unavailability, even temporary, of the ordered product, it has the right to:
- wait for the supply of the missing product to then process the order, or if Sportime s.a.s. deem it necessary, partially process the order and as soon as the missing product is available, send it carriage paid (shipping costs borne by Sportime s.a.s.).
or
- withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple reasoned communication, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.
9. TERMS AND CONDITIONS FOR RETAILERS
The above conditions apply to resellers with the exception of the following:
Once the ordered product is ready for delivery, it can remain in our warehouses for a maximum of 4 days, after being paid, during which time other products can be added to the order.
After 4 days SPORTIME s.a.s. , upon notice, will send the goods ready for delivery, fulfilling the order even partially with shipping costs borne by the reseller. Products arriving or unavailable at that time will be shipped later.
The retailer may request cancellation of an order via e-mail within and no later than 48 hours.
In the event that in order to process a order the goods have been expressly ordered by SportimeWorld to its manufacturer/supplier and the latter does not accept the cancellation of the order, the retailer must confirm the purchase or a penalty equal to 5% of the value of the products relating to the order will be applied himself.
10. Safe payment on Sportimeworld
our payment is safe
with the SSL certificate
You can use your Visa / Mastercard / American ex payment cards and many others
The service is provided by Paypal, PayPlug, Stripe and both the purchase and the bank security of data is guaranteed. For more information on the service, please visit the PayPal.it or PayPlug.com or Stripe.com
site
payment methods
During the completion of the order, you can choose between the following options:
- Bank transfer /Postal
- Postapay (go to any receiver, tobacco , Sisal, Enalotto, or Post Office and make a payment)
- Advanced postal order in the name of Lutrico Lorenzo via Emanuele Cutore, 66 95030 Gravina di Catania (CT)
- Online credit card - withdrawal on site (withdraws to the shop via Emanuele Cutore, 66 95030 Gravina di Catania)
- Scalapay* (pay in 3 or 4 installments)
*If you buy with Scalapay you receive your order immediately and pay in 3 installments. Act that the installments will be transferred to increase SPV s.r.l., to related subjects and their transferee, and that authorizes this assignment.