GENERAL CONDITIONS OF ONLINE SALE
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These general conditions of sale (hereinafter also "GCS") apply to the purchase of clothing and accessories branded "Catania F.C." (the "Products") carried out by any natural person qualified as a consumer (the "Customer") - ie a natural person who concludes a purchase contract (hereinafter referred to as the "Contract") for the satisfaction of needs of daily life unrelated to business or professional activity (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005) - on the e- commerce site www.cataniafc.it, hereinafter referred to as the "Site".
Catania Football Club s.r.l. (the "Seller") reserves the right not to process orders from subjects not falling within the legal definition of "consumer". In any case, if the buyer does not qualify as a consumer, the Contract will be governed by Italian law, with the exclusion of the Vienna Convention of 1980 on the international sale of goods.
The Customer acknowledges that:
- the Site is owned by Catania Football Club S.r.l., with registered office in Catania, Via Musumeci n. 171, VAT number 05946120879, PEC firstname.lastname@example.org, Share Capital of Euro 10,000.00 fully paid;
- Orders can only be placed by persons of legal age and who are not in conditions of legal incapacity.
- the language in which the Contract is concluded is Italian. In case of conflict between the versions of the GCS prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the GCS in Italian shall prevail.
ARTICLE 1 - OBJECT AND CONCLUSION OF THE CONTRACT
With the GCS, the Seller sells to the Customer, who purchases remotely the Products offered for sale on the Site.
The Contract is concluded exclusively through the Internet, through the Customer's access to the Site, through the sending of a purchase order according to the procedure provided by the Site itself and its acceptance by the Seller. The purchase is governed by these GCS, which the Customer is required to accept in full and without any reservation. To this end, the Customer, before proceeding with the conclusion of the purchase order, undertakes to read these GCS and the pre-contractual information provided on the page.
The purchase order sent by the Customer, through the Site, has the value of a contractual purchase proposal, binding only for the Customer. Where the purchase proposals are incomplete or incorrect or in the event of unavailability of the Products, it will not be possible to complete the purchase process.
In other cases, the Sales Contract is finalized with the Seller sending the goods to the Customer. The Customer will receive an order confirmation e-mail containing the Customer's data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent. The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify the Seller of the need of any corrections. It is not possible to cancel the order once the confirmation has been received. In the order confirmation e-mail, the Customer will also receive the link to download and store a copy of these GCS, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
The Customer, before the conclusion of the Contract, takes note of the characteristics of the goods that are illustrated in the individual product sheets at the time of choice by the Customer. Before the conclusion of the Purchase Agreement and before sending the order, the Customer is informed about:
1. identification of the Seller;
2. total price of goods including taxes, with details of shipping costs and any other costs;
3. payment methods;
4. deadline within which the Seller undertakes to deliver the goods;
5. conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
6. existence of the legal guarantee of conformity for the goods purchased;
7. After-sales service conditions and commercial guarantees provided.
ARTICLE 3 - AVAILABILITY OF PRODUCTS
The availability of the Products indicated on the Site refers to the actual availability at the time the Customer places the order. This availability must however be considered indicative because, due to the simultaneous presence on the Site of several users, the Products could be sold to other customers before confirming the order. If the Products are unavailable for the reasons indicated above or in other cases of unavailability of the Products themselves, without prejudice to the other rights attributed to the user by law, the Seller will immediately notify the user by e-mail proposing, alternatively and at his choice: (i) the refund of the total amount due, consisting of the price of the Products, shipping costs, if applied, and any other additional cost, if already paid; (ii) the supply of different Products, of equivalent or greater value, subject to payment, in the latter case, of the difference; (iii) if it is possible to restock the Products, an extension of the delivery terms, indicating the new delivery date of the Products.
ARTICLE 4 - PRICES
All sales prices of the products indicated on the Site are expressed in local currency and include all taxes charged to the consumer.
Shipping costs are not included in the price of the Products, but are indicated and calculated at the conclusion of the purchase process and before payment.
The Seller reserves the right to modify, at any time and without prior notice, the prices of the Products, it being understood that the amount charged will be that displayed on the online shop at the time the order is placed by the Customer.
ARTICLE 5 - PAYMENT AND DELIVERY METHODS
5.1 Payment methods
The Seller accepts various payment methods including, for example, credit card, debit card or PayPal.
The actual amount will be charged only when the order is complete and ready for shipment. Communications relating to payment and data communicated by the Customer when payment is made, take place on special protected lines. The security of payment by credit card is guaranteed through the encrypted
data transmission protocol TLS (Transport Layer Security).
Following the shipment of the goods, the Customer will receive a shipping confirmation e-mail in which he will find a link on which to click and follow the delivery that takes place between 9.00 and 18.00, from Monday to Friday.
The Customer has the responsibility of examining the package on delivery and, if he finds that the package has been tampered with or damaged, he has the obligation to accept with reserve (or refuse the package) and photograph the package and the contents. The Customer who accepts the package with reserve must contact only the Customer Care of the Seller within 24 hours of delivery, specifying the order number and attaching photos of the damaged package. Failure to comply with the above terms will make it impossible for the Seller to accept the complaint and to guarantee the Customer the compensation due.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with art. 52 of Legislative Decree of 06/09/2005 - N. 206, the Customer has 30 days, from receipt of goods, to exercise the right of withdrawal.
In this case, the Customer must contact, by e-mail, only the Seller's Customer Care, which will provide information on how to forward the relative request.
The items to be returned must be shipped from the same country in which they were ordered and received. For technical reasons of management and tracking of operations, return requests submitted in different ways from those indicated by Customare Care will not be accepted.
The goods must be returned intact, the Products must not have been used, worn and / or washed; they must be returned in their original packaging, complete in all its parts (including label, price and tags unaltered and attached to the product, packaging material and any documentation and accessory equipment) and with full tax documentation attached.
Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days. If the product shows signs of use or if it has been altered from its original condition in any way, the Seller reserves the right not to accept the return. In particular, if the return could not be accepted because it does not comply with the above conditions, the Customer may choose to have the purchased products back at his expense. In the event that the Customer refuses this shipment, the Seller reserves the right to retain the Products and the
amount corresponding to the purchase price of the same.
The Customer is responsible for the diminished value of the goods resulting from handling other than that strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, nicking, removal of labels, removal of pendants, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions / notes / manuals attached, by the original packaging and by the warranty certificate, where present, the Customer 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.
The Seller assumes no responsibility in case of Products returned by mistake or items forgotten in packages or returned Products.
In case of non-conformity of the return, the Customer will be contacted by Customer Care to request clarification on the matter. The Customer has 14 days to respond to Customer Care requests. After this deadline without any response from the Customer, the Seller will proceed with the disposal of the garment and no refund will be allowed.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until receipt of the goods or until the Customer demonstrates that he has returned the goods to the Seller.
The Seller will make the refund using the same payment method chosen by the Customer during the purchase. It should be noted that the Customer who intends to change, for any reason, the goods must use only the return procedure described above. No return will be accepted if shipped after the allowed date and, otherwise, the package will be returned to the Customer.
In the case of receipt of an item other than the one ordered, if the Customer wishes to proceed with the return, he has the obligation to return the item in the manner and within the terms indicated above. Personalized items cannot be returned or exchanged, without prejudice to the rights related to the product
ARTICLE 7 - LEGAL GUARANTEE OF CONFORMITY – PROCEDURE FOR ITS USE
The Seller implements a quality control policy, aimed at verifying that the Products sold are safe, non-dangerous and non-defective, in accordance with the provisions of the law. The guarantee of conformity of the Products sold is provided by virtue of the rules contained in Legislative Decree 206/2005 (Consumer Code) on guarantees in the sale of consumer goods. The Seller will not be responsible for any damage resulting from misuse or wear, improper handling and
maintenance of the Product. The warranty does not apply in the event of the intervention of factors unrelated to the normal use of the Product. The warranty is excluded for defects that were already known by the Customer at the time of purchase.
It is up to the Customer who has reported the defect, to return the Product and agree, by e-mail, with the Seller's Customer Care, within 10 days from the date of the complaint, the methods of return and delivery of the Product. The Seller, upon receipt of this communication, undertakes to indicate to the Customer the methods and place of shipment of the Product within the same terms.
Once the Product has been received, the Seller will carry out the relative quality control, also using the manufacturer's facilities and, if the lack of conformity is found, will send the Customer a replacement Product. If, at the end of the check, the Product is not affected by a lack of conformity, the Seller will inform the Customer about the costs necessary for the replacement. The Customer will be charged for the costs related to the transport of the Products that do not present defects of conformity.
ARTICLE 8 - DELIVERY METHODS
The Seller will only accept orders to be delivered in the Italian territory and in that of the States indicated on the Site. The Products will be delivered by express courier to the address indicated by the Customer when ordering. The shipment will take place on average within 3/4 working days, without prejudice to the maximum term required by law of 30 days from the date of receipt by the Customer of the order confirmation e-mail sent.
ARTICLE 9 - LIABILITY
The Seller assumes no responsibility for disruptions due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the Internet, in the event that it fails to execute the order within the time provided for in these GCS.
Both in the event of exercising the right of withdrawal and in the event of exercising the right of guarantee of conformity, in the event that the goods cannot be accepted by the Seller because they do not meet the requirements to exercise the rights referred to in articles 6 and 7 above, it is the responsibility of the Customer to recover at his own expense the goods made available to him. The Customer acknowledges and unconditionally accepts that the Seller, after 30 days from the communication of the availability of the goods to the Customer, may proceed, in accordance with the law, with the disposal of the goods not collected by the Customer.
ARTICLE 10 – FINAL CLAUSES
The Products are sold with the characteristics described and according to the GCS published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term.
The Seller reserves the right to modify these GCS at any time, at its discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded on or after that date.
Prices, Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Customer is invited to check the final sale price. These GCS consist of all the clauses that compose them. If one or more provisions of these GCS is considered
invalid or declared as such under the law, even after a court order, the other provisions will continue to have full force and effect.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by Italian law. This means that the contract for the purchase of Products on the online shop and any dispute or action arising from or connected with it will be subject to Italian law.
Any dispute that cannot be resolved amicably will be submitted to the non-exclusive jurisdiction of the Court of Catania.
Furthermore, as a consumer, the Customer also has the right to bring proceedings before the courts of the Member State of the European Union of residence or domicile. The Customer can also optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
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