A - INTRODUCTION
These terms and conditions of sale (hereinafter "General Conditions") govern the sale of products sold by SPORT SHOP s.n.c. with registered office at Calle dei Stagneri 5249 - (VE) (hereinafter also the "Company"), VAT 04235140276, through the website thevenicesportshop.com All contracts for the purchase of products between the seller and the Customer concluded through this site and according to the procedures indicated therein, will be governed by these General Conditions. All published prices are inclusive of VAT.
B - ACCEPTANCE OF SALES CONDITIONS
1. The contract stipulated between SPORT SHOP s.n.c. and the Customer is not concluded by placing the order alone; it must be concluded with the acceptance of the order, even if only partially, by SPORT SHOP s.n.c., which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit unless otherwise communicated in any manner to the Customer. By placing an order in one of the various ways provided, the Customer declares to have read all the information provided during the purchasing procedure and to fully accept the general conditions and payment found below.
2. If the Customer is a final consumer (ie a physical person who purchases the goods for purposes that are not related to his professional activity), once the online purchase process is completed, will print or save an electronic copy and, in any case, keep these general conditions of sale, in compliance with what is provided for in Articles 3 and 4 of Legislative Decree n. 185/1999 on distance sales.
3. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance, even partial, of an order.
C - PURCHASE METHOD
1. The Customer can only purchase the products in the electronic catalog of SPORT SHOP s.n.c. at the time of placing the order and viewable at thevenicesportshop.com, as described in the relevant information pages. The technical information posted on the site thevenicesportshop.com faithfully reproduce those of the manufacturers of the goods included in the catalog. SPORT SHOP s.n.c., therefore, reserves the right to modify the technical information of the products in order to adapt them to those supplied by the producers, without any prior notice. It is understood that the image accompanying the description of a product may not be fully representative of its characteristics, and may differ in color, size and accessory products in the figure. All the information supporting the purchase (Glossary, Buying Guide, etc ...) are to be understood as simple general informative material, which are not always referable to the real characteristics of each product.
2. The correct reception of an order is confirmed by SPORT SHOP s.n.c. via an email reply sent to the e-mail address provided by the Customer. This confirmation message will contain the date and time of receiving the order and a 'Customer Order Number', to be used in any further communication with SPORT SHOP snc. The message contains all the data entered by the Customer who undertakes to verify its correctness and to communicate corrections in a timely manner, according to the methods described in this document. The Customer can also check the status of their order by accessing the web area dedicated to them under "Order history and details".
3. In case of a non-acceptance of the order, SPORT SHOP s.n.c. undertakes to promptly notify the Customer.
4. The Customer can request to cancel an order until the order begins to be processed in the warehouse. The order status is clearly visible in the "Order Status" section of your Personal Area. The order can no longer be canceled if the information "Order in process" appears.
5. All prices on the site are to be understood as prices to the public and, therefore, inclusive of VAT. SPORT SHOP s.n.c. reserves the right to change the prices at any time, without any prior notice. In the case of an incorrect and/or clearly inferior price is published, for whatever reason (error in our systems, human error, etc.), the order will be canceled, even if it was initially confirmed.
6. The quantity of product available at the time of order is visible on the thevenicesportshop.com site. Due to the simultaneous access of many users-customers and the possibility of simultaneous online orders changing the availability of the product, SPORT SHOP s.n.c. does not guarantee the certainty of assignment of the ordered goods.
D - PAYMENT METHODS
1. Pay on Delivery
In case of purchase with Pay on Delivery, an additional contribution of 6,90€ applied to the total amount of the order, clearly shown when choosing the payment method. It is only possible to pay in cash for orders whose amount is less than 900€, giving the courier the exact sum. Please note that not all products are payable with this payment method: please agree on such necessity by contacting SPORT SHOP at the numbers or emails on the "Contacts" section of the website.
2. Advance Bank Transfer
In the case of payment by Advance Bank Transfer, the sending of the order will only take place at the time of actual crediting to the of SPORT SHOP s.n.c. account, which must occur within 5 working days from the date of acceptance of the order, after which the order is deemed automatically canceled. The payment description of the bank transfer must include the identification number of the order that is issued in the order confirmation email.
The account details to which to make the transfers are shown in the order confirmation email.
3. Credit Card
N In the case of purchase of goods with the credit card payment method at the conclusion of the online transaction, the referenced banking institution solely authorizes the amount relating to the purchase made. The amount relating to the ordered goods is debited to the credit card of the customer at the time of effective processing of the ordered goods. The credit cards accepted are all those from the Visa, Mastercard) chains.
In the case of purchase through the PayPal payment method, the Customer is directed to the PayPal login page at the conclusion of the order.
The order amount is debited to the PayPal account when the order is made. If an order is cancelled, either by the Customer or in the case of non-acceptance by the SPORT SHOP s.n.c., the amount will be refunded to the customer's PayPal account.
Having requested the cancelation of the transaction, under no circumstances can SPORT SHOP s.n.c. be held responsible for any direct or indirect damages caused by delay in the failure to redeem the amount committed by PayPal. At no time during the purchasing procedure is SPORT SHOP s.n.c. able to know the customer's financial information. Since there is no data transmission, there is no possibility that this data is intercepted. No IT archive of SPORT SHOP s.n.c. contains or retains such data. For each transaction made with the PayPal account the Customer will receive a confirmation email from PayPal.
E – CANCELLATION OF AN ORDER
The cancellation of an order is possible until the order begins to be processed in the warehouse.
The cancellation of the order, either by the Customer or in the case of non-acceptance by SPORT SHOP s.n.c., will require the cancellation of the transaction and the redeeming of the amount involved at the same time. The cancellation of the order is possible until the order begins to be processed in the warehouse. The release times for some types of cards depends exclusively on the banking system and can reach their natural expiry date (24th day from the authorization date). If the cancellation of the transaction is requested, under no circumstances can SPORT SHOP s.n.c. be held responsible for any direct or indirect damages caused by the delay in the redeeming of the amount committed by the banking system.
SPORT SHOP s.n.c. reserves the right to request additional information from the Customer (eg landline number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, SPORT SHOP s.n.c. reserves the right to not accept the order.
F - TRANSACTION SECURITY
Online transactions made with a credit card are carried out directly on the Bank's website through a secure server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a mode designed to avoid interception, modification or falsification of information. At no time during the purchasing procedure is SPORT SHOP s.n.c. able to know information relating to the buyer's credit card, as they are typed directly on to the website of the banking institution that handles the transaction (which has very high security systems); since there is no data transmission there is no possibility that this data can be intercepted. No IT archive of SPORT SHOP s.n.c. contains or retains such data. Therefore, under no circumstances can SPORT SHOP s.n.c. can be held responsible for any fraudulent and undue use of credit cards by third parties upon payment of products purchased on thevenicesportshop.com
G - DELIVERY METHOD
SPORT SHOP s.n.c. can also accept orders from outside the territory of the Italian state.
For every order placed on thevenicesportshop.com, SPORT SHOP s.n.c. issue a receipt or invoice of the material sent. The information provided by the Customer at the time of the order shall be used for the issuance of the tax document. No alterations will be possible after the document has been issued.
Shipping costs, when requested, are charged to the customer and are explicitly highlighted at the time the order is placed. They are subject to possibile surcharges for special conditions (limited traffic areas, peripheral or difficult to reach areas). The payment of the goods by the Customer will be done using the method chosen when ordering. No additional fees or commission is due to SPORT SHOP s.n.c .
The goods are sent in packaging made directly by the manufacturer either in cardboard boxes, in cardboard boxes sealed with safety tape or in envelopes designed for shipping that are made with self-adhesive sealings, depending on the type of product shipped. Courier adhesive tape or other sealing materials are not used for any order.
Delivery times are indicative and are published in the appropriate table under the heading ‘Indicative delivery times’; they may be subject to change due to force majeure or due to traffic conditions, general traffic or by the act of an Authority. Standard delivery will take place at the following times: from 9.00 to 13.00; from 14.00 to 18.00, every day except holidays, from Monday to Friday. No responsibility can be imputed to SPORT SHOP s.n.c. in case of delay in the handling of an order or delivery of the ordered goods..
When the courier delivers the goods the customer is required to check:
1. that the number of packages delivered is that indicated on the delivery note or transport document (DDT);
2. that the packaging is intact, not damaged, wet or otherwise altered;
3. that no sealing materials other than those mentioned above have been used.
Any external damage or non-correspondence of the number of packages must be immediately notified to the courier making the delivery, with the text "collection with reserve for damaged package", or "collection with reserve for open package" or "collection with reserve for packages missing "on the appropriate accompanying document. It is also required to open an defect procedure at SPORT SHOP s.n.c., by sending an email to email@example.com with the subject "I received a visibly damaged or tampered box" or "Some products I have ordered are missing".
Once the courier's document has been signed, the Customer can not make any objection regarding the external characteristics of the goods delivered.
Any damages or hidden defects must be reported to the Customer Service of SPORT SHOP s.n.c. through the opening of a defect procedure by email. The request must be submitted no later than 8 calendar days from when the goods were received.
Any notification beyond the aforesaid terms will not be taken into consideration. For each declaration, the Customer assumes full responsibility for what has been declared. 1. Delivery by express courier. The standard delivery will take place at the following times: from 9.00 to 13.00; from 14.00 to 18.00, every day except holidays, from Monday to Friday.
The courier makes the first delivery without prior notice. In the case of absence of the Customer, the courier leaves a notice and tries the delivery within the following 24 hours; in case of further absence, a notice is left again and the shipment is put in storage. 2. Redelivery by appointment:
In the case of redelivery by appointment, the courier makes a first delivery attempt. If this is not successful, the customer is contacted by telephone by the courier to fix a new delivery and the relative time slot (morning or afternoon).
H - DELIVERY TIMES
From the moment of taking delivery of the shipment by the courier (collection of the shipment at the Logistics Center) the delivery will be made within 2 working days throughout Italy.
|Shipment type||Delivery time|
|Shipment by standard courier (IT)||3 - 5 working days|
|Shipment by express courier (IT)||2 -3 working days|
|EU Standard Courier||5 - 7 working days|
|EU Express Courier||3 - 5 working days|
|International Standard Courier||10 - 15 working days|
|International Express Courier||7 - 10 working days|
I - DELIVERY EXPENSES
The cost of delivery is calculated automatically according to the destination of the products purchased and is clearly indicated when ordering. The indicated costs are considered valid for the specific territory selected during the order process.
L - RIGHT OF WITHDRAWAL
01. In compliance with what is provided for in the Consumer Code, as amended by Legislative Decree no. 21/2014, the customer who takes on the role of consumer and, therefore, the natural person acting for purposes unrelated to the professional activity, has the right to withdraw from the purchase contract, without providing any reasons and without having to bear different costs from those specified in paragraph no. 3, by and no later than 14 (fourteen) days from delivery, or from the day on which the Customer or a third party appointed by the latter acquires physical possession of the goods purchased. The conditions and procedure for exercising this right will be specified in the following paragraphs.
02. The Customer who intends to exercise the right of withdrawal referred to in the previous paragraph must use the form published on the site under CONTACTS or sending an email to firstname.lastname@example.org .
The SPORT SHOP Customer Service s.n.c. will take charge of the request and begin the procedure.
In terms of the law, if the customer makes use of the right of withdrawal (that is, rethinking for personal reasons about the purchase - including the wrong size - so not for "faulty goods" or "wrong product" or "non-compliant goods" or reasons attributable to the Seller), the Customer entrusts goods to a courier of his choice, always with the possibility of tracking the parcel. Shipping costs for the return of goods at SPORT SHOP s.n.c. will be charged to the customer. Once the above procedure has been completed, the Customer must send the carefully packed goods in the original packaging of the manufacturer, which must not be defective and in any case free of defects as well as receipt, affixing the return address outside of the box:
SPORT SHOP s.n.c.
Via Roviego 15, Maerne di Martellago 30030 - (VE) Italy.
03. The shipment of the goods to be returned must take place by and no later than 14 days from the date on which the Customer has communicated the decision to withdraw from the purchase contract to SPORT SHOP s.n.c. SPORT SHOP s.n.c., in compliance with with that required by art. 56 of the D. lgs. n. 21/2014, having verified compliance with the conditions set out in paragraph 4, will reimburse the Customer for the cost of the product within 14 days of receipt of the notice of withdrawal, subject to the right to withhold the refund until the date of return of the product at their warehouses or until the date on which the Customer sends proof of the actual shipment and delivery of the goods to the courier.
SPORT SHOP s.n.c. it is not obliged to reimburse additional costs if the Customer has chosen a type of delivery different from the type of less expensive delivery offered ("standard" shipping). The refund will be made in the same manner used by the Customer for the purchase or, if specifically requested, by bank transfer, credit card transfer, PayPal refund or postal order (in this case, the costs will be charged to the Customer). In case of orders placed on partner sites, the reimbursement will be made by the partner.
04. The right of withdrawal is subject to the following mandatory conditions:
a) the Customer can exercise the right of withdrawal only and exclusively with regard to the entire product; it will not be possible to exercise withdrawal only on a part of the product purchased. Once opened, it is not possible to return products: I. audiovisuals, software and consumables;
b) products specially or created personally for the consumer;
c) for perishable goods or those that change quickly;
d) the purchased product must be returned in its original packaging, complete with all the accessories and its documentation;
e) the product must be returned in perfect condition, products that show signs of damage, wear or dirt will not be accepted;
f) the returned product that does not respect the previous restrictions will not be accepted and the product will be made available again to the Customer, without any financial reimbursement by SPORT SHOP s.n.c. in their regards;
g) in the event that the Customer decides to return the goods via a courier of his choice, the shipment for the return of the product is under the responsibility of the Customer, until the SPORT SHOP s.n.c. confirms that it has received the product. In the event that the product is damaged during the return to the warehouse, it will be the responsibility of SPORT SHOP s.n.c. to communicate the incident to the customer to allow him to file a complaint against the courier chosen by him and obtain a refund of the value of the good if insured; therefore, SPORT SHOP s.n.c. will make the product available to the customer, canceling the withdrawal.
05. The right of withdrawal expires if the customer does not return the goods to SPORT SHOP s.n.c. within 14 days from the date on which the withdrawal was announced. The term is considered respected if the customer sends the goods before the expiry of the 14 days. The right of withdrawal also expires in the event of a substantial defect to the returned product (lack of internal packaging and/or documentation and/or original packaging of the manufacturer, absence of elements and accessories of the product, damage, unsuitable state for return) and in general in case of non-compliance with the conditions set out in paragraph 4. In all cases of forfeiture of the right of withdrawal, SPORT SHOP s.n.c. will return the goods to the customer who will not be entitled to any refund.
M - RENUNCIATION TO PURCHASE
Please note that the customer is entitled to reject the goods at the time of delivery. However, it should be noted that, upon issuance of the reimbursement credit note, in case of prepayment (credit card, Paypal, advance bank transfer), the shipping costs to the delivery address and return to the sender will be cancelled. Therefore, only the amount of the product will be reimbursed, excluding of round-trip transportation costs.
1. Legal guarantee
All products sold by SPORT SHOP s.n.c. are covered by the legal guarantee of 24 months for defects of conformity, pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code). By virtue of the legal guarantee, SPORT SHOP s.n.c. Srl, is responsible towards the Customer-Consumer (a natural person acting for purposes unrelated to business, industrial, commercial, craft or professional activities), for any lack of conformity existing at the time of delivery of the product, as required by art. 130 of Legislative Decree no. 206/2005 and within the term of 24 months from the date of purchase.
The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not have the qualities and / or performance promised by the seller and typical of the product sold, or the specific quality and performance required from the Customer-Consumer when this has been the subject of a specific agreement between the parties.
The complaint of the lack of conformity (Article 132, 1st clause), which appears in the term of validity of the legal guarantee (24 months), must be made, under penalty of forfeiture, within two months from the date of discovery (art. 132, 2nd clause). In case of lack of conformity, the Customer-Consumer has the right to ask the seller, at his choice and without expenses, the repair or replacement of the goods, unless the remedy requested is objectively impossible or excessively burdensome (Art. 130 , clauses 3 and 4). Repairs must be carried out within a reasonable time and, in any case, within sixty days, after which the Customer-Consumer will have the rights referred to in art. 130, clause 7); the seller, after the complaint of the defect of conformity, will be able to offer the Customer-Consumer the repairs referred to in clause 9) of the art. 130, with the effects referred to in lett. a and b) of the same provision. In accordance with the 3rd clause of the art. 132, the defect occurring within six months from the purchase is presumed to exist on the aforementioned date and the Customer-Consumer has the right to the reinstatement, without expenses, of the conformity of the goods through repair or replacement (Article 130).
To benefit from the assistance, the Customer-Consumer must keep the invoice (or receipt or DDT) that he/she receives together with the purchased goods. If, as a result of verification by SPORT SHOP, there should not be a lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the Customer-Consumer will be charged for any costs of verification and restoration, as well as transport costs if incurred by SPORT SHOP s.n.c..
2. Conventional guarantee
2.1 In addition to the legal guarantee for lack of conformity, the products marketed by SPORT SHOP s.n.c. are enjoy the conventional guarantee of the manufacturer.
3.1 he manufacturer's conventional warranty is additional and not burdensome for the Customer-Consumer and is provided, at the Customer's-Consumer's choice, according to the methods illustrated in the documentation included in the product packaging or on the website thevenicesportshop.com in the appropriate area and will be provided by service centers authorized by the manufacturer. If, following an intervention by an Authorized Service Center, the defect should not be covered by the manufacturer's standard warranty, the Customer-Consumers will be charged for any verification and restoration costs requested from the Authorized Assistance, as well as transport costs, if incurred by SPORT SHOP snc.
4.1 In the event that, for any reason, SPORT SHOP s.n.c, is not able to replace a product under warranty (reactivated or replaced), it can proceed, subject to the consent of the Customer-Consumer, to replace the product itself (if still listed) or with another of equal or superior characteristics and value. Lastly, with the issuing of a discount voucher of equal amount that can be spent on another product valid for 6 months from the time of issue.
5.1 No damages can be requested to SPORT SHOP s.n.c. for any delays in carrying out repairs or replacements of products under a conventional warranty, except in cases of willful misconduct or gross negligence.
6.1 In cases where the application of the guarantee provides for the return of the product, the goods must be returned by the Customer-Consumer in the original packaging, complete in all its parts (including packaging of the manufacturer and any documentation and accessories: manuals, etc...); in order to limit damage to the original packaging, it is recommended, when possible, to put it in a second box; in all cases, affixing labels or adhesive tapes directly onto the original packaging of the product should be avoided.
O - PRIVACY
The personal data requested when placing the order are collected by SPORT SHOP s.n.c. will be processed in compliance with the regulations on the processing of personal data, governed by EU Regulation 2016/679. In-depth information on this treatment is published on the website in the Privacy section. By signing up to the site or making a purchase, the user declares to have read the information pursuant to the GDPR and the rights due to them.
P - CLAIM
Any claim must be addressed to SPORT SHOP s.n.c., Via Roviego 15, Maerne di Martellago 30030 - (VE).
Q - JURISDICTION AND APPLICABLE LAW
The sales contract between the Customer and SPORT SHOP s.n.c. is understood to be concluded in Italy and regulated by Italian law. For the litigation of civil and criminal disputes arising from the settlement of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Venice.
R - CONDITIONS
The conditions contained in this document may be changed by SPORT SHOP s.n.c. without notice, they will be from time to time published on the website thevenicesportshop.com and will have validity from the date of publication on the site itself.