(pursuant to Chapter I, Title 3, Part 3, of Italan Legislative Decree 206/2005 and subsequent amendments and additions)
1. Definitions and effectiveness of the General Terms and Conditions
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these Terms and Conditions which have been made available on the Site and which are available at all times by the Customer through the link contained in the confirmation email of each order to allow the reproduction and storage. In the event that the person making purchases on the Site requires the issuance of an invoice and / or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, letter. a), of Legislative Decree 206/2005, will not apply the discipline of withdrawal under art. 7 and 8 of these Terms and Conditions nor, more generally, the provisions that under the same Consumer Code apply only to "consumers".
The contracts concluded with the Seller through the Site are governed by these Terms and Conditions in accordance with Italian law. The language used to conclude the contract is English.
2. Object of the contract
The seller, through the Site, offers an online sales service of high quality archery products. The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are listed on the page relating to each Product.
3. Conclusion of contract
For the purchase of the Products, the Customer must fill in and send the order form in electronic format, following the instructions contained in the Site.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions and payment transcribed. The contract stipulated between the Seller and the Customer shall be considered concluded only with the acceptance of the order by the Seller.
This acceptance is communicated to the Customer by means of an order confirmation email containing a reference to these General Conditions, the order number, shipping and invoicing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. Once the order has been received, the Seller checks the availability of the Product at the manufacturer for the execution of the order.
In the event that one or more Products are not available, the Seller will send timely notice by email to the Customer, who, within the next 12 hours, will have the right to respond to confirm the shipment of only the Products available or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be shipped: in this case the entire amount relating to the missing Products will be reversed or, depending on the method of payment chosen, will not be charged to the customer. The Seller will keep a copy of the orders received and the acceptances sent for a reasonable time in compliance with the Law. This documentation will be accessible to Seller's employees who need to consult it in relation to their duties, for the proper performance of the contractual conditions. The documentation will also be accessible to third parties for the sole purpose of the execution of the conditions, in addition to those entitled under the Law.
4. Products Information
It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet will always be authoritative.
The price of the products is inclusive of all taxes and duties. All prices are in Euro. Shipping costs are charged to the customer, except for any promotions and available at the page shipping costs.
6. Payment and invoicing methods
The Customer may pay the price of the Products and the related delivery charges by credit card, PayPal, bank transfer, prepaid cards or cash on delivery.
7. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer. The Customer has in any case the right to request delivery of the products to a natural person of his choice, whose residence or domicile is within one of these countries: Andorra; Austria; Belgium; Denmark; Faroe Islands; Finland; France; Germany; Greece; Greenland; Italy; Ireland; Luxembourg; Munich; Netherlands; Portugal; Spain; Sweden; United Kingdom. At the time of delivery, the signature of an adult older than 18 years will be required. For each order placed on the Site, the Seller issues an invoice for the goods shipped, sending it by e-mail to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is used as a basis. No change in the invoice will be possible, after the issue of the same. Delivery costs are charged to the customer and are clearly highlighted on the site and in the order form.
Shipments may be made by different couriers depending on the country of destination in order to ensure the best available rate to the customer and will be performed from Monday to Friday, excluding holidays and public holidays. The Seller is not responsible for any delays. The Seller will send the Customer a confirmation e-mail once the Products have been shipped, specifying the shipping number through which it will be possible to view the shipping status after entering it on the Courier's website.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code (art. 61 of Legislative Decree 206/2005), the Products will be delivered within a maximum period of 30 (thirty) days from the day following that on which the Customer sent the order to the Seller, unless the Seller notifies - within the same period, by e-mail - the impossibility of delivering the ordered goods due to the unavailability, even temporary, of the Products. In the event of such communication, the Seller will refund any sums already paid by the Customer for the payment of the supply.
In the event that, following the Seller's notification of a delay in the delivery date, the Customer wishes to cancel the Order, any amount already paid by the same will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the day following that on which the Customer sent the order to the Seller. For the delivery of the goods, the presence of the Customer or a person in charge of the delivery is required at the address of the consignee indicated in the order. At the time of delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact or not altered. Any damage to the package and/or to the Products or the mismatch in the number of packages must be immediately notified by means of a written reservation of control on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer shall not be entitled to make any objection as to the external characteristics of the package delivered.
8. Right of withdrawal. Exclusion.
According to art. 59 D.Lgs. 206/2005 the customer, consumer or natural person acting outside his profession, has the right to withdraw from the purchase contract for any reason, without explanation and without penalty. To exercise this right, the customer must send the Seller a notice within 14 working days from the date of receipt of goods
The customer must return the product intact, intact and in perfect condition and must respect all necessary precautions to preserve the product in his possession and keep it at his expense in its original packaging, sending it to the Seller within three (3) days of exercising the right of withdrawal, ensuring the correct delivery of the same. The Seller shall reimburse all payments received from the consumer within fourteen (14) days from the day on which he is informed of the consumer's decision to withdraw from the contract, by means of a procedure of reversal of the amount charged to the credit card or by bank transfer. In the latter case, the customer will be responsible for providing the bank details on which to obtain a refund (ABI Code - CAB - Current Account of the invoice holder).
The right of withdrawal is subject to the following conditions:
- The right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased.
- In accordance with the law, the shipping costs relating to the return of the goods are borne by the customer.
- The shipment is under the complete responsibility of the customer.
- The Seller is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.
In case of damage to the goods during transport, the Seller will notify the customer of the incident (within 5 working days of receipt of the goods in its stores), to allow him to file a complaint against the carrier of his choice and obtain a refund of the value of the goods (if insured). In this case, the product will be made available to the customer for its return simultaneously canceling the request for withdrawal.
In the absence of these conditions, the right of withdrawal will not apply and will be without prejudice to any right of the Seller to damages, in addition to the payment of the price of the product. The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where the Seller determines:
- The lack of the external packaging and/or the wrapping containing the purchased product;
- Damage to the product for reasons other than transport, in accordance with art. 57 of Legislative Decree 206/2005, according to which the customer is only responsible for the reduction in value of the goods resulting from the handling of goods other than that necessary to establish the nature, characteristics and functioning of the goods.
9. Warranty and Conformity Defects.
The Customer has the right, at his own choice and on condition that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by repair or replacement, or to an adequate reduction in price or termination of the contract. The Customer shall forfeit these rights if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect, unless it is a Product that by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within that shorter period.
10. Errors and limitations of liability
The Seller guarantees the sale of products equal to those indicated and described on the Site. The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot therefore be held responsible, except in the case of wilful misconduct or gross negligence.
The Seller reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except in cases of intent or gross negligence, any right of the Customer to compensation for damages or to compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or execution, even partial, of an order. According to the Consumer Code, the manufacturer is responsible for damage caused by product defects.
The Seller will process the Customer's personal data in accordance with GDPR UE 2016/679 on privacy as specified in detail in the policy.
13. Applicable law and jurisdiction
The sales contract between the Customer and the Seller is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the exclusive place of jurisdiction shall be the court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Verona, any other competent court excluded.