The term "Contract of Online Sale " means the purchase agreement concerning the products of the Supplier (as defined below) between them and the customer (as defined below) under a system of remote sales through telematic instruments, organized by the Supplier (hereinafter the "Agreement").
The term "Purchaser" or "Customer" means a natural person undertaking the consumer purchase, under this contract, for purposes not related to his trade or profession.
The term "Supplier" means the person who executes the sale of goods covered by this Agreement.
The Parties to the Agreement and access to on-line purchase of the Products
The goods covered by these general conditions of contract (hereinafter the "Products") are sold by Officina Idee Srl with registered office in Italy at Via Spreafico 3, 20052 Monza (MB), VAT IT03051020968, Nr. REA MB1872965, share capital € 100,000, 00 iv (Hereinafter "Officina Idee" or "Provider").
The operating address of Officina Idee Srl is Via Como 7 - 20063 Cernusco sul Naviglio (MI).
The purchaser (hereinafter also the "Customer") hereby expressly makes the purchase for purposes outside his trade, business, craft or profession.
Access to the service on-line purchase of the Products is permissible only to adults with a customer identification code and a keyword (below in "Password").
The customer is expressly forbidden to enter false and / or fanciful details in the registration process required to activate the procedure of execution of this Agreement and the subsequent communications; personal data transmitted by Customer must pay their real personal data and not some other person or fantasy.
It is severely forbidden to make multiple registrations of the same person or enter data of third persons. Officina Idee reserves the right to prosecute any violation or abuse, and consumer protection. Officina Idee disclaims any liability arising from the customer of tax records incorrect because of errors in the data supplied by the customer, being the Client is solely responsible for the correct entry.
The customer is required to take all necessary steps to ensure the password is kept in strict confidence and take responsibility for any damage caused to Officina Idee and / or third parties caused by the failure to observe those obligations of confidentiality.
It is understood that Officina Idee cannot be held in any case liable to the Client and / or third parties for unauthorized use of your password and, in general, the service purchase online via the Web Site (as defined below) by unauthorized third parties.
Scope and execution of the Contract
With this Agreement, Officina Idee sells, to who buys from a distance through telematic instruments, only those products listed and offered for sale in
www.spaldingbros.com site (hereinafter the "Website").
The contract between the customer and Officina Idee concludes exclusively through the Internet by accessing the Customer at the address of this Web site, where, following the procedures outlined in the appropriate area for registration, the customer will arrive later to formalize the proposal for purchase products offered for sale via the Web Site.
The purchase agreement is concluded by order from the customer by completing and sending the online order form to purchase the product, which will be displayed in the order summary page, printable, which shows the details of the customer and purchase order, the price of products purchased and the shipping costs, methods and terms of payment, the address where the product will be delivered. The moment Officina Idee will receive the purchase order from the customer, will send an e-mail confirmation and / or viewing a web page confirmation and summary of the purchase order, print, in which will contain the data entered by the customer in the order form. The Contract shall be deemed perfected and effective between the parties only with the order and the issuance of invoice by Officina Idee, having the opportunity, until that time to reject the order.
The sales invoice will be issued by the Supplier on paper and inserted inside the package containing the products ordered.
Payment and refunds
Officina Idee accepts payment for products ordered through major credit cards (Visa Mastercard circuits), bank transfer, Pay Pal, Sofort.
Officina Idee also accepts, the payment of products ordered by a payment on delivery only for orders that include shipping and delivery of products in the Italian territory with no personalisations.
Credit card details are managed directly from lenders and / or finance companies, specialized in handling payments online. The information is encrypted by using encryption systems that prevent the use by third parties and are sent directly to the bank. In case of problems were encountered and / or irregularities in the process of purchasing electronic products made by credit card, Officina Idee will carry out checks (such as but not limited to: verification of ownership of credit card and / or Control about possible misuse of the card etc. ..). After such verification, if irregularities are detected, Officina Idee will not give the order.
In the event that no irregularities were found during the process of purchasing electronic products, Officina Idee will give your order and arrange to carry out the delivery of the Products, provided that there are additional factors impeding.
If the right circumstances, any refund will be made to the customer:
by transfer of credit card payment, within 14 days. Officina Idee from the date on which it became aware of the cause that generates the right to refund;
by refunding the account specified by the customer in the request for refund in the case where the customer has paid for the Products by delivery.
The rebate will be the price of the product within 14 days from the date on which the Contractor is aware of the cause that generates the right to a refund provided that the customer has correctly reported its data bank in the request for a refund.
Timing and mode of delivery of products
Officina Idee will deliver the Products ordered through courier arrangement. The times of the order can vary from 1 to a maximum of 7 working days from execution of order and receipt of payment for the goods, within which the invoice will be issued by the Supplier and accordingly accepted the order . In the event that the Supplier is unable to make the shipment of products ordered within that period shall be given prompt notice by e-mail and / or telephone communication to the customer, stating the period within which it will follow the order. It is understood that delivery times may vary depending on the country of destination and other factors, however, does not depend on the willingness of Officina Idee.
Shipping and Delivery of Products
Officina Idee sends the formula with DDP (Delivery Duty Paid) in EC countries, so in these destinations, the products ordered will arrive directly at the place of delivery specified in the request from the customer order, without them having to pay additional amounts with respect to what is already paid at the time of formulation of the order. For all other countries the formula used is DDU (Delivery Duty Unpaid), so the courier may present to the customer upon delivery of the Products, with a separate bill which requires the payment of duties and taxes charged by local authorities. For more information about shipping costs, duties and customs fees, please refer to the section of the website specifically dedicated to shipments of products.
Insurance and liability arising from the goods transport
Officina Idee ensures the products against theft and accidental damage from delivery to the carrier until the moment they arrive at their destination to the customer.
In any case it is understood that the Supplier is not liable for any delay in the order or delivery of products due to the carrier and any damage caused to goods during transportation. Officina Idee will provide ideas to entrust goods to the carrier and integrates perfectly corresponding to the order requested.
Upon delivery of the Products by the courier, the customer must check:
that the number of products delivered is as specified in the order confirmation sent by e-mail prior to shipment and on the delivery of the carrier;
that the product or packaging is not damaged or wet or altered;
In case of detected malfunction the Customer shall not accept the goods and will raise the dispute directly to the carrier, specifically indicating such differences found. In the absence of such declaration, the customer cannot raise further objections to the existence of obvious defects in products delivered.
Prices of Products
All sales prices of products displayed and indicated on the website are in Euros (€) and constitute a public offer pursuant to Art. 1336 c.c., they are inclusive of VAT and other taxes as regards the delivery within the territory of an EU country. For deliveries to countries outside the EC, as specified in paragraph 6, the carrier may require the Customer additional amounts for taxes and local duties. Shipping costs will be calculated and shown in the procedure of purchase of the Products prior to the order by the customer and also contained in the web page summary of your order. The prices at each of the products being offered are valid until you submit the purchase order and listed in the order summary page. It is understood that the prices of products may be altered unilaterally at any time by the Supplier, provided that it will be binding between the Supplier and the price of the products indicated on the web page summary of your order from the customer.
Availability of Products
Officina Idee provides through the online system used, the processing and fulfillment of purchase of the Products. If a purchase exceeds the amount of existing products in stock, the Supplier, via e-mail and / or telephone communication, shall disclose to the customer if the product is no longer available or what the waiting time to obtain the product chosen, asking, in case, if the customer wishes to confirm the order or not. The computer system of the supplier as soon as possible to confirm the registration of the purchase order by sending the customer a confirmation e-mail, which has no legal obligation, it is a simple summary of your order.
Limitation of liability of the Supplier
Officina Idee does not assume any responsibility in case it fails to execute the order within the time permitted by this Agreement for service disruptions due to unforeseeable circumstances or force majeure. The Supplier shall not be liable to the customer, except in cases of willful misconduct or gross negligence, for outages or malfunctions associated with the use of the Web Site, beyond the control of the Supplier of its employees and / or its sub-contractors, outside by the reasonable foresee ability and which cannot be overcome without caution than those of average ability. In any case excluded any right of Customer to damages or compensation, and any contract or tort liability for any direct or indirect personal and / or property, caused by the rejection, even partial, of an order by Officina Idee. The provider assumes no liability for any fraudulent or illegal use that may be made by third parties, the credit card used to pay for the products purchased, if it proves to have taken all reasonable care possible at the time and according to ordinary care.
Liability of defective products, proof of damage and damages payable
Officina Idee cannot be held liable for any direct and / or indirect, contractual and / or tort suffered by the customer arising from defects and / or defects if the product was defective and / or the defect is due to compliance of the product, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer has marketed the product, not even allowed to consider the product as defective and / or spoiled. It is agreed that no compensation is due if the customer is aware of the defect and / or defect in the product of the danger entailed by it and yet there has voluntarily exposed. In any case, the customer has the burden of proving the defect and / or defect in the product purchased, the damage and the causal relationship between defect and damage. The customer is aware that the Products ordered are described and photo-reproduced on the Web Site, therefore, tolerate differences and dystonia of the normal color of the products that will be handed over to the products viewed on the Web Site
Warranties and Service mode in favor of the customer
Officina Idee is liable for any defect and / or identified shortcoming of the product, always the same when due,
provided that such defect and / or defect is reported by means of registered mail www.spaldingbros.com at c/o Officina Idee Srl, Via Como 7 20063 Cernusco sul Naviglio
(Mi) Italy or sent by e-mail address firstname.lastname@example.org within eight days after delivery of the Product. The complaint is not required if the Seller has acknowledged the existence of the defect and / or defect or has concealed.
Officina Idee reserves the right to require Customer photographic reproductions of allegedly defective products and / or spoiled before allowing returns and / or changes. In the event that the Products are defective and / or spoiled the Supplier shall bear the cost of transport! Necessary to retract the products in their stores. We do not accept exchanges or returns of products that have been tampered with, worn, washed or otherwise altered by the customer. The customer shall take steps to ensure the transportation of the goods returned for exchange at the Supplier. In the event of theft or loss of returned products, which occurred during transit to the Supplier, the goods will not be refunded.
It is agreed that the Supplier will not accept returns of products tailored or personalized.
In case you find a defect in the product purchased, the customer can avail the service of "Customer Service" by using a phone number and an e-mail address specifically dedicated to this service, listed on the Website .
The service will also provide Customer Service to the Customer: (x) all necessary assistance for solving problems relating to any claims and / or customer complaints; (y) any assistance during the online purchase of Products.
Obligations of the Customer
Once the process of online purchasing is terminated, the customer agrees to print and keep the present general sales conditions and specifications of the product being purchased.
The customer agrees to pay the price of the product was purchased within the time and manner specified in the Contract.
Right of Withdrawal
The customer has the right to terminate the Agreement, pursuant to Legislative Decree 21/02/2014 n. 21 within 14 (fourteen) days from the day the order is sent off. In the event that the customer makes use of the right of withdrawal, they should notify the Supplier via the contact form in specially dedicated Web Site. Anyways, for the customer to exercise the right to a refund of the price of the Product, they will have to return the product in its intact packaging with labels, not used or worn.
The Customer acknowledges that the right of return cannot be exercised in relation to Products that were ordered specially tailored and / or customized by the customer.
The only costs payable by the customer to exercise the right of withdrawal under this Article, are the cost of transporting the product to Officina Idee. Products that will not be repaid under the above conditions will not be accepted by the Supplier and, consequently, have not been repaid.
It is understood that in case of withdrawal, the Supplier is not liable for lost or stolen products occurred during the transportation of goods to the Supplier.
In case of exercising the right of cancellation by the Customer, the Supplier will refund the price of the product, within 14 days of receipt of the cancellation notice within that period provided that the goods have been returned in the condition with the methods described in this article. The customer must ship the goods delivered to the following address:
A.G.Spalding&Bros (RESI e-commerce)
OFFICINA IDEE SRL
VIA COMO, 7
20063 CERNUSCO SUL NAVIGLIO (MI)
Exchange of Products
The customer who wishes to change the size or color of the product needs to follow the return procedure and place a new order.
Privacy and Confidentiality of Personal Information in the customer
Officina Idee protects the privacy of its customers and ensures that the data processing is performed in compliance with the privacy legislation referred to in Leg. June 30, 2003, n. 196 ("Privacy Code"). The customer is informed of the different types of consent to the use of your personal information, which may issue on a voluntary basis and so subject to revocation, by reviewing the section in the Web site specifically dedicated to that end.
Method of Filing of Agreement
Under Article. 12 of Legislative Decree 70/03, Officina Idee informs the customer that any order sent in digital form is stored on the server that hosts the Web site according to criteria of confidentiality and security.
Communications and Complaints
Direct written communications to Officina Idee and complaints will be considered valid only if sent to the Officina Idee Srl, Via Como 7, 20063 Cernusco sul Naviglio (Mi),
Italy, or sent by fax to n. (+39) 02.92.49.323, or sent via e-mail address email@example.com.
The customer indicates on the registration form to the Web Site and the residence address, telephone number or e-mail address at which he wishes to be sent notice by the Supplier.
It is understood that all communications of the Customer (including, but not limited to: requests, suggestions, ideas, information, materials, etc. ..) that were sent to the email (including electronic form, at
firstname.lastname@example.org) the Supplier shall not be considered confidential information or data or confidential.
The aforesaid notices may not contain content that violete, directly or indirectly to the applicable laws (including a regulatory nature) of the Italian State or any other state and cannot in all cases: (i) infringe rights of third parties, (ii) contain information detrimental to the rights of third parties and / or untrue, it being understood that as of now no responsibility can be attributed to the Supplier for the content, legality, nature, quality and accuracy of the information entered in any such communication from the customer.
Jurisdiction and Applicable Law
Under Article. 63 of Lgs. Decree September 6, 2005, n. 206, all disputes concerning the validity, interpretation, performance, effectiveness of this Agreement shall be resolved before the court at the place of residence or domicile of the customer.
This Agreement is governed by Italian law.
Effectiveness of Agreement
The confirmation of the purchase of products for the customer implies acceptance of these general conditions of contract. These general conditions of contract will be updated and / or modified unilaterally by the Supplier and will be valid from the date of publication on the Web Site.
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