a) The offer and selling of sports underwear and accessories identified by the commercial brand Staff Sport on the website www.staffsport.it is regulated by the following general terms of sale.
b) The products identified by the commercial brand Staff Sport, which are purchased on the website www.staffsport.it are produced and distributed by STAFF JERSEY SRL, R.E.A. Modena 352922, VAT No. 03041330360, headquarters in Carpi (MO) Viale della Meccanica 23/4 – 41012 Carpi (MO) Italy.
c) Purchase operations are regulated also by the dispositions of the legislative decree No. 206 September 6th 2005 (Consumers’ Code) under which:
I) by “on-line selling contract” it is meant a distance contract, as to say the juridical transaction, dealing with goods and chattels and/or services, agreed between a professional, in this case STAFF JERSEY SRL, through the on-line service www.staffsport.it and a consumer. The context in question is a distance selling system regulated by the professional, who employs for the present contract the Internet only;
II) By “professional” it is meant the physical or juridical person acting in the execution of his/her professional or entrepreneurial activity, otherwise his/her intermediary;
III) By “consumer” it is meant the adult physical person acting in the execution of purposes not connected with the professional and entrepreneurial activity potentially carried out.
ACCEPTANCE OF THE GENERAL TERMS OF SALE
All contracts shall be concluded accessing directly the website www.staffsport.it where the client will be allowed to finalize the purchase contract for the desired good and/or product following carefully the instructions and required procedures.
The present general terms of sale shall be considered integral and substantive part of the present sales agreement; therefore, they must be examined on-line by the client before proceeding with the purchase. The forwarding of the confirmation of order implies therefore full knowledge and acceptance of these.
The general terms of sale can be up-dated and/or modified in every moment by STAFF JERSEY SRL, which will be responsible of notifying it through the website pages. The client is committed to the printing and conservation of the present terms of sale.
The client, through the on-line forwarding of his/her purchasing order, unconditionally accepts and commits him/herself to observe the present general terms of sale in the “relationship” with STAFF JERSEY SRL, including the payment terms described below, declaring moreover to have examined and accepted the instructions given by the company.
STAFF JERSEY SRL is not bounded to general conditions different from the present, if not preliminary agreed and accepted in written form.
SELLING PRICES AND PURCHASING PROCEDURE
All selling prices of the products displayed on the website www.staffsport.it, which constitute an offer to the public under the article nr. 1336 of the civil code are VAT and taxes included.
b) The total cost of shipment and transport will be clearly indicated and displayed before the completion of the order.
The purchasing contract is to be considered completed after the exact filling in of the form and the purchase consent showed through the adhesion given “on-line”, subject to the successful completion of the payment.
The client can pay the ordered goods using the payment modalities indicated “on line” at the time of the purchase.
EU Countries: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Greece, Germany, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary + IRELAND AND PRINCIPALITY OF MONACO EURO 20,00 EXTRA EU Countries: Switzerland, Norway, Russia, Canada, China, United States + BULGARIA AND CYPRUS EURO 37,00
STAFF JERSEY SRL will consign the selected and ordered products to its trusted courier in order to deliver them to the client at the indicated address.
STAFF JERSEY will do its best to deliver the received orders within 7 working days. In any event, the purchased goods will be delivered within the times prescribed by the art. No. 54 of the legislative decree 206/05 that is within 30 days upon receipt of the order transmitted to the professional by the client. No responsibility will be attributed to STAFF JERSEY SRL for late or missed delivery due to circumstances beyond its control.
The client, once in possession of the goods, is responsible for controlling the compliance of the product received with the order placed. Only after this control and reserved the right of withdrawal (point No. 8), the client will have to sign the receipt documents. By filling in the personal details in the registration procedure, which is necessary for activating the procedure for the execution of the present contract and connected communications, the consumer and/or client authorizes STAFF JERSEY to transmit his/her non-sensitive personal data (residence, phone number) to its trusted couriers for the delivery of the purchased goods.
AVAILABILITY OF THE PRODUCTS
The client has the possibility to purchase the products displayed on the on-line catalogue available at www.staffsport.it in the quantities available on stock. The database of products will be up-dated every 24 hours. In the event the purchased product turns out to be not available on stock anymore, STAFF JERSEY SRL commits itself (by written communication under the article No. 54 of the legislative decree 206/05, subsection II and further modification article No. 52 of the legislative decree 21 February 21st 2014) to refund in the shortest time possible (and in any case within 14 days) via bank transfer or Paypal account, the costs incurred by the client for the product which is not available anymore.
STAFF JERSEY SRL assumes no responsibility for any inconvenience due to circumstances beyond its control, as for example, incidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events of this type that may impede in part or completely the respect of the times agreed in the contract.
STAFF JERSEY SRL will not be responsible towards any party or third party with reference to damages, losses and costs caused by the non-execution of the contract because of the causes aforementioned, in consideration of the right of the client to be only refunded for the price paid.
STAFF JERSEY SRL will not be responsible as well for the potential fraudulent and illicit use by third parties of credit cards, checks and other payment methods upon payment of the purchased products. During the purchasing process, STAFF JERSEY is in fact not able to access the credit card number of the client who, with the opening of a secure and safe connection, is directly redirected to the manager of the service, which is PAYPAL.
WARRANTIES AND ASSISTENCE MODALITIES
STAFF JERSEY SRL produces and sells high-end garments and accessories identified by the commercial brand Staff Sport. However, should the ordered products turn out to be faulty, the consumer is obliged under the article 52 of the legislative decree No. 21 February 21st 2014, to report by e-mail or fax the lodging of the complaint within 14 (fourteen) days upon the acquisition of physical possession of the good, under penalty of expiration.
The consumer, in order to request the substitution of the product will have to submit a complaint following the procedure indicated for the right of withdrawal, upon compulsory communication of the order No. and product’s code/size/color. At a later stage, STAFF JERSEY SRL will authorize the return of the product for the verification procedure. The risks connected to the transport of the goods are at the sender’s charge. Carriage forward shipments will not be accepted, if not preliminary agreed with the seller. In case the reported fault will be identified, STAFF JERSEY SRL will execute, in a reasonable time, the agreed remedy as well as the credit of the shipment costs and of the costs incurred for the return of the goods. STAFF JERSEY SRL reserves the right to charge the client with the possible costs incurred for the verification of the product and for its return, should it turn out to be intact and with none of the faults reported by the client.
The client commits him/herself, after having completed the “on line” purchasing procedure, to print and store the present general terms of sale, which he will have already examined and approved as compulsory step in the purchasing procedure, as well as the specific features of the product object of the purchase, with the purpose of satisfying completely the conditions under the articles 52 and 53 of the legislative decree 206/05;
It is strictly forbidden to minors to conclude orders “on line”.
It is strictly forbidden to the client to provide false, invented and fantasy data in the registration stage, which is necessary in order to activate the procedure for the execution of the present contract and further related communications; personal data, address, phone number and e-mail must be exclusively real personal data, hence not invented and/or belonging to third parties.
It is strictly forbidden to insert data belonging to third parties. STAFF JERSEY SRL reserves the right to take appropriate legal action against every violation and abuse, with the purpose of protecting all consumers.
The client releases STAFF JERSEY SRL from any responsibility deriving from the emission of wrong fiscal documents caused by errors concerning data provided by the client, being him/herself the only responsible of the correct data entry.
RIGHT OF WITHDRAWAL AND COMPLAINTS
In accordance with the article 64 of the legislative decree 206/05, the consumer can exercise the right of withdrawal and return the received product in the respect of the terms and modalities indicated below.
The consumer, who for whatever reason will not be satisfied with the purchase, has the right to withdraw the contract within 14 days from the delivery of the goods.
Should the consumer have exercised the right of withdrawal, he/she will have to submit the return request via e-mail at firstname.lastname@example.org or via fax at the Number +39 059 6228380. After that, he/she will have to return the product through shipment to STAFF JERSEY SRL Viale della Meccanica 23/4 – 41012 Carpi (MO) – Italy. The product will have to be intact and in the same conditions of the time they were received, as to say in their original packaging and with all materials composing the packaging.
In case all conditions and duties mentioned above have been respected by the consumer, STAFF JERSEY SRL will refund the selling price of the purchased article through direct credit on the card used for the payment within 14 (fourteen) working days from the receipt date of the goods by our logistics.
The consumer who desires to change size and/or color will have to place a new order, for which he/she will support the transports costs with reference to the return of the goods. Transport costs concerning the product/products sent in substitution will be at the vendor’s charge.
In case of returns because of errors made by STAFF JERSEY SRL (wrong size, wrong color ecc…) the consumer is required to send an e-mail to email@example.com specifying order number/ product’s code/ size and color of the article/articles he/she wants to return and a brief explanation of the request. In this case, the Company will answer in the shortest time possible providing all necessary information for the correct solution of the problem.
Quick and safe payment with Paypal: VISA, MASTERCARD, AMERICAN EXPRESS. Financial data of the consumer will not be transmitted to STAFF JERSEY SRL.
Should the consumer decide to exercise the right of withdrawal, according to the present agreement conditions, the amount to refund will be credited directly on the credit card or Paypal account.
EXPRESS RESOLUTORY CLAUSE
STAFF JERSEY SRL has the authority to rescind the contract by communicating it to the consumer and/or client with appropriate and justified motivations; in that case, the client will only have the right to be refunded the sum already remitted.
The duties assumed by the client as per article No. 7 of the present conditions (CLIENT DUTIES), as well as the guarantee of the successful conclusion of the payment remitted by the client through the available means as per article No. 2, are of an essential nature, so that per express agreement, breaches by the client of only one of the present duties will determine the resolution by right of the contract ex art. 1456 c.c., without necessity of judicial verdict, reserved the right for STAFF JERSEY SRL to institute legal proceedings in compensation.
JURISDICTION AND COMPETENT COURT
Any controversy connected with the application, execution, interpretation and violation of the purchase contracts concluded “on line” through the website www.staffsport.it is subject to the Italian jurisdiction; the present general conditions refer, for what not expressly provided for therein, to the regulations provided for by the Civil Code, as well as to the legislative decree No. 206/05.
For whatever controversy between the parties with reference to the present contract, the Tribunal of Modena will be in charge.