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General conditions of sale

  1. 1. Definitions
    1. in this document the following words shall have the following meanings, it being understood that words imparting the singular shall include the plural and vice versa
    1. Customer:means any individual (natural or legal person) who buys one or more products through the online shop, agreeing with the General Conditions.
    2. COMPANY NAME:means COMUNELLO SPORTFASHION S.r.l. having its registered office in in Bassano del Grappa (VI), Via Capitelvecchio 44, P.Iva IT03357680242, e-mail: info@comunelloshop.it.
    3. Parties:means COMUNELLO SPORTFASHIONSRL and Customers jointly.
    4. General conditions:means the general conditions of sale here stated, and the future possible new variations that might be published in the Online Shop by COMUNELLO SPORTFASHION SRL.
    5. Online Shop::means the virtual shop managed by COMUNELLO SPORTFASHION SRL and accessible through the URLwww.comunelloshop.it, where is possible to buy the products.
    6. Sale and purchase agreements:6. means sale and purchase agreements of the products, under art. 3., between, COMUNELLO SPORTFASHION SRL and customers through the Online Shop.
    7. Orders:means purchase orders of products send by customers, under the General Conditions and following the procedure referred to in art.6.
    8. Order confirmation:means the email message in which COMUNELLO SPORTFASHION SRL confirm customers the acceptance of the order.
    9. Price:means the product price of sale as stated in the Online Shop under the product itself.
    10. Products:means the products published on the Online Shop for the purposes of being sold.
    11. Account:means the section in the Online Shop where customers, after having logged in, can:
      1. Have access and modify their personal information and address to which ordered products must be delivered
      2. See the previous orders made
      3. Have access to any other specific function related to their activity in the Online Shop
         
  2. Object
    1. The General Conditions apply to all the Sale and Purchase agreements and are integral part of them.
    2. COMUNELLO SPORTFASHION SRL reserves the right to modify the General Conditions in any moment, agreed that will be considered applicable to the Sale and Purchase agreements, the ones published in the Online Shop at the moment of entering of the customer’s order.
    3. In case of discordance between the General Conditions and other terms and conditions related to the Sale and Purchase agreements published on the Online Shop, only terms and conditions more favourable for customers will be applied.
       
  3. Conclusion of sale and purchase contracts:
    1. COMUNELLO SPORTFASHION SRL undertakes to send to customers the order confirmation within 3 (three) working days after having received the Orders made by the client.
    2. Sale and Purchase contracts are intended as concluded between parties, the moment when Customers receive the Confirmation of the Order. Whenever Customers shouldn’t receive the Order Confirmation within the deadline specified in art.3.1, the related order shall be intended as refused by COMUNELLO SPORTFASHION SRL and for this reason, it will be ineffective.
    3. When sending the orders, Customers declare of having acknowledged all the instructions about the purchase methods for the products stated in art.6 and of having accepted in full the General Conditions, as well as having acknowledged all the further information stated in the Online Shop, that can be consulted following the link.
    4. The orders will be archived in the Online Shop database in accordance with the conditions and under the provisions stated in D.Lgs. 30.06.2003 n. 196 (“Privacy”) and shall be available by contacting COMPANY NAME through the references stated in art. 1.2, namely, accessing the account.
       
  4. Products availability
    1. Without prejudice to the provisions of art. 4.6, in correspondence to each article published in the Online Shop, COMUNELLO SPORTFASHION SRL informs if it:
      1. Is available among its stock;
      2. Is not available among its stock;
      3. Is available “on request”;
      4. Is “customisable”.
    2. 2. The type of products published on the Online Shop and their availability might vary in every moment, without this leading to any COMUNELLO SPORTFASHION SRL responsibility towards customers.
    3. Information about the product availability is not binding, provided that customers can’t purchase products described as “not available”, according to art.4.1. in case of occurred unavailability of a product, COMUNELLO SPORTFASHION SRL, being understood art. 3.2, undertakes to inform the customer via email about the approximate time needed for the product to be available again. In case of unavailability of a product that, when the customer’s order had been sent, was stated as available, the customer has the right to withdraw from his order within 48 hours from the receiving of COMUNELLO SPORTFASHION communication of product unavailability (being understood the right to withdraw under art.9), by sending an email to the address in art.1.2. In this case, COMUNELLO SPORTFASHION SRL undertakes to refund the customer as soon as possible.
    4. If a product is stated as available on request, it means that at that moment the product is not available in the COMUNELLO SPORTFASHION SRL stock. It is COMUNELLO SPORTFASHION SRL responsibility to order the customer’s required product directly from Companies headquarters stocks.
    5. If a product is said to be customisable, it means that the product can be modified/adapted/customised according to the customer’s requests, within the limit of possible customisations per item. In this case, customers will specify their requests by filling in the specific form when proceeding with the order. After the Order Confirmation, COMUNELLO SPORTFASHION SRL undertakes to inform Customers about the amount of time it will take to deliver the customised product. Despite COMUNELLO SPORTFASHION SRL commitment in doing everything in its power to guarantee the observance of the due date, COMUNELLO SPORTFASHION SRL is not entailed by any obligation, as the deadline has to be intended a mere indication.
    6. COMUNELLO SPORTFASHION SRL reserves the right to avoid stating the availability of all or some of the products that can be found in the Online Shop.
       
  5. Price, delivery costs, taxes and duties
    1. 1. The price is in € (Euro). The applicable price is published on the Online Shop when customers send their order.
    2. VAT (22 %) is included in the final price if products are shipped by COMUNELLO SPORTFASHION SRL and delivered within the European Union. The price of products shopped and delivered outside the European Union, does not include VAT.
    3. The price does not include delivery costs.
    4. The delivery cost applied by COMUNELLO SPORTFASHION SRL, is separate from the price of the product and is indicated before the completing of the online order. Costumers must pay expedition costs together with the payment for the product, according to art.7.
    5. Any taxes, levies, duties and any other costs under the laws of the state where products are shipped and delivered, are to be paid by the Customers. The payment shall be made the moment when the product is delivered, through fiscal or custom agents, namely the courier in charge of the delivery.
       
  6. How to make an order
    1. When making an order, Customers must register for an account on the Online Shop and follow the instructions by filling in all the obligatory fields and by choosing a password that is necessary to proceed with the order and to log in the account the next time.
    2. Customers can buy products by selecting them in a specific Online Shop section and adding the items chosen to the shopping bag. If the customer wants to buy more than one product, the same procedure shall be followed, after choosing the option add to bag. After the choice of the items they want to buy, Customers must register according to art 6.1, if they don’t have a personal account yet. Otherwise, they only need to log in with username and password. In this way they will be able to select the choice go to checkout. When the accuracy of the chosen product/s data and the shipping information” is verified, Customers can proceed with the order dispatch by clicking on send.
       
  7. Payments
    1. We accept payments both for the price of the item and the delivery costs under art.5, by credit card, bank transfer and any other method specified by COMUNELLO SPORTFASHION SRL in the Online Shop. COMUNELLO SPORTFASHION SRL reserves the right to vary in any moment the means of payment available to Customers, provided that shall be considered available the methods stated in the Online Shop when an order is made.
    2. In case of payment by credit card, Customers will be charged for the price of the product and the delivery costs according to art.5, the moment when COMUNELLO SPORTFASHION SRL sends the order confirmation, that is after the confirmation of the credit card details and the charges authorization from the Customer’s credit card issuing company. Information about the credit card used to buy the products, are secured and they are directly sent to the bank society in charge of the payment. The payment is made through a secure server that has a SSL encryption key, which guarantee the total security of the transition. Neither COMUNELLO SPORTFASHION SRL nor third-parties have access to the Customer’s credit card details in any moment.
    3. In case of payment by bank transfer, Customers must send the wire transfer filling in the details specified in the Online Shop. The reason for the payment shall be the code number of the order (including the initial letters) conveyed by COMUNELLO SPORTFASHION SRL when Customers send the order and with the Confirmation of the order.
    4. In case of payment by PayPal, when Customers send the order, the web session will be addressed to PayPal secure website. On PayPal website, Customers can make the payment through their PayPal account according to the PayPal service conditions of use. The shopping is charged to the Customer’s PayPal account when the order confirmation is sent by COMUNELLO SPORTFASHION SRL.
    5. On request of the Customers, COMUNELLO SPORTFASHION SRL will send them the standard invoice via email or mail service. The invoice shall be done according to the information stated by the Customer and it won’t be possible to modify it after COMUNELLO SPORTFASHION SRL has delivered it.
    6. COMUNELLO SPORTFASHION SRL will use Customer’s information exclusively to complete all the necessary procedures related to the sale of its products, refund procedures in case of withdraw according to art. 9 or to facilitate the courier in delivering products.
       
    7. If you buy with Scalapay, you receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and you authorize this transfer.
  8. Right to withdraw
    1. Consumer Customers (meaning a person that purchases goods with different goals from business, commercial, professional or artisan activities), have the right under art. 64 of D.Lgs. n. 206/2005, to withdraw from this contract within 30 days from the day on which he/she receives the products. To exercise the right of withdrawal, you must inform COMUNELLO SPORTFASHION SRL of your decision to withdraw from this contract by sending an email to the address in art.1.2, stating:
      • The will of exercise its right to withdraw;
      • All the information about the order that the Customer wants to withdraw;
    2. If customers exercise their right to withdraw under art.9:
      • They shall send back the goods not later than 14 days from the day on which they communicate their will of withdrawal (art.9.1.) from this contract to COMUNELLO SPORTFASHION SRL;
      • Customers shall bear the cost of returning the products;
      • COMUNELLO SPORTFASHION SRL is committed to carry out the reimbursement, whichever is the earliest and in any case within 30 days from the receiving of the Customer’s communication of withdrawal (under art.9.1.) on condition that:
        1. Products have been returned and are intact;
        2. The original packaging/box containing the products is also returned and is intact;
        3. Any accessorise, user manual etc, is also returned and is intact;
        4. Products have not been used.
      • COMUNELLO SPORTFASHION SRL will provide Customers with information about the reimbursement arrangements and, if necessary, will ask Customers for their bank details (IBAN and bank account holder).
    3. If Customers exercise the right to withdraw not in compliance with the methods and conditions under art.9, they won’t be entitled to any reimbursement
    4. As an alternative to the exercise of their right of withdraw under art.9, Customers can choose to change the product following the instruction on the Online Shop.
    5. In case of customised products under art.4.5, Customers must contact directly the counting house of COMUNELLO SPORTFASHION SRL to agree on how modify or substitute the original order.
       
  9. Fault/non-conformity of products
    1. If products have a warranty officially recognised by their manufacturer (commercial/conventional guarantee), fault or non-conformity of items must be reported by Customers directly to the manufacturer, by following the instructions written in the same warranty document.
    2. consumer Customers (according to the definition under art.9.1) are granted the Consumer’s rights under art. 130 of the D.Lgs 206/05; those rights shall be exercised as stated in art.132 of the same D.Lgs 206/05.
       
  10. Responsibility for the product
    1. The manufacturer of the products is responsible for any damage caused by any flaw of the products themselves.
       
  11. Errors and/or inaccuracies of the Online Shop
    1. COMUNELLO SPORTFASHION SRL undertakes to constantly verify the Online Shop to avoid any error or inaccuracy. Anyway, the Online Shop might contain, in the present or in the future, some errors, inaccuracies or omissions.
    2. COMUNELLO SPORTFASHION SRL reserves the right to correct the Online shop errors, inaccuracies or omissions, even after the shipping of an order. Besides, COMUNELLO SPORTFASHION SRL reserves also the right to modify or update the information at any time, without prior notification to Customers.
       
  12. Intellectual Property Rights
    1. COMUNELLO SPORTFASHION SRL is the owner of all intellectual property rights of the Online Shop, and of the material published on it.
      The Online Shop and its contents cannot be fully or partially reproduced, transferred by electronic or conventional means, modified, linked and used for any purpose without obtaining a licence to do so from COMUNELLO SPORTFASHION SRL.
  1. Applicable law
    1. These general conditions and terms shall be governed by and construed in accordance with the Italian law (especially by the Legislative Decree 206 dated 06/09/2005- artt. 50-67 about distance contracts- and by the Legislative Decree 70 dated 09/04/2003 regarding e-commerce) and they shall be interpreted in light of this.
    2. Any dispute which may arise under these terms of use or the sale and purchase contracts, will be settled by the jurisdiction of the sub-office court of Bassano del Grappa, based in Vicenza