Introduction
These terms and conditions of supply are valid between the company ES ITALIA S.r.l. (VAT Registration Number: IT 03885530406) having its legal address at Via Monte Rosa, 11 and its headquarters at Viale Empoli, 33 – 478383 Riccione (RN) Italy (''ETHICSPORT'') and anyone buying products on the website
www.ethicsport.it (“CUSTOMER”). ETHICSPORT reserves the right to change these terms and conditions from time to time by changing them on
www.ethicsport.it , although no such change will affect any order already placed. These terms and conditions enter into force on the date they were last updated on this website. These terms and conditions apply to any purchase made on the website
www.ethicsport.it according to the provisions contained in Italian Legislative Decree n. 206/2005, modified by D.lgs. n. 21/2014 and D.lgs. 70/2003 regarding e-commerce.
1 – Object of the Agreement
The object of the present agreement is the distance selling between ETHICSPORT (seller) and the CUSTOMER (buyer) of the goods offered on the website www.ethicsport.it. The contract will only be formed via Internet, when the CUSTOMER enters the website www.ethicsport.it and places an order of products according to the purchase procedure of the above-mentioned website. The CUSTOMER undertakes to read the present terms and conditions of sale before confirming their order.
2 – Pre-contractual information for the Customer
Before entering the purchase contract and when choosing the products, the CUSTOMER shall analyze the features of the products, which are explained in the technical sheet accompanying each product.
Before entering the purchase contract and before order validation and payment, the CUSTOMER is informed about:
- total price of products, including taxes and the details about shipping costs and other possible costs;
- payment method;
- terms and conditions and how to return the products (point 7 of the present conditions)
- after sale conditions and commercial guarantees provided by ETHICSPORT.
The CUSTOMER shall at any time and before entering the contract be informed about the address, telephone and fax number, e-mail address of ETHICSPORT, such information being:
ES ITALIA Srl
Legal address: Via Monte Rosa, 11 – 47838 Riccione (RN)
Headquarters: Viale Empoli, 33 – 47838 Riccione (RN)
tel.: +39 0541 607325 – fax: +39 0541 695002
e-mail:
info@ethicsport.com
website:
www.ethicsport.it
3 – Entering into the contract and its efficacy
The purchase contract is considered formed with the shipping of an e-mail confirming the order from ETHICSPORT to the CUSTOMER. This e-mail shall contain the CUSTOMER’s personal information, the order number, the price of purchased products, shipping costs and shipping address.
The CUSTOMER undertakes to check their personal information contained in the e-mail and to promptly inform ETHICSPORT about any eventual corrections needed.
ETHICSPORT undertakes to describe and present the products sold on the website in the best possible way.
ETHICSPORT undertakes to deliver the products from a minimum of 3 to a maximum of 5 working days - for domestic orders - and from 5 to 15 working days – for international orders – from the date the e-mail confirming the order is sent from ETHICSPORT to the CUSTOMER. In case of public holidays, closing time during summer, strikes or for any other event of force majeure, which will impede the delivery of the order within the above mentioned times, ETHICSPORT undertakes to promptly inform the CUSTOMER and to communicate eventual delays in the delivery.
4 – Availability of products
The availability of products refers to the actual availability of products at the moment when the CUSTOMER places their order. After the e-mail confirming the order is sent from ETHICSPORT, a partial or complete unavailability might occur. In this case, ETHICSPORT shall immediately contact the CUSTOMER and the order shall be amended.
If the CUSTOMER cancels the order, thus terminating the contract, ETHICSPORT shall refund the amount paid within 2 working days from the day ETHICSPORT has been informed of the CUSTOMER’s decision of terminating the contract.
5 – Payment
Payment for all orders must be made by credit card, via PayPal or wire transfer. The CUSTOMER should be aware that online payment transactions are subject to validation checks by card issuers and ETHICSPORT is not responsible if the CUSTOMER’ card issuer declines to authorize payment for any reason. Please note, it is possible that card issuers may charge the CUSTOMER an online handling fee or processing fee. ETHICSPORT is not responsible for this. All the information about payment and all the data communicated by the CUSTOMER when making the payment are carried out on protected lines. Credit Card Payment security is guaranteed by an HTTPS connection with TLS cryptography.
6 – Prices
The prices of products listed on the website www.ethicsport.it are expressed in € (Euro). Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due once the purchase procedure is terminated and before making the payment. ETHICSPORT is entitled to change prices from time to time, however the products will be invoiced at the price at which they were paid when the order was placed, as indicated also in the e-mail confirming the order.
In case of any computer, manual, technical or any other kind of mistake causing a significant change of the price (either making it clearly exorbitant or insignificant), the purchase order will be considered null and cancelled and the CUSTOMER will be refunded of the price paid for the order within 14 days from order cancellation.
7 – Returns and Refunds
The CUSTOMER may cancel their purchase contract without any penalty and without explaining the reasons for it within 14 days from the date of receipt of goods.
The CUSTOMER will have to inform ETHICSPORT sending an e-mail to:
acquisti@ethicsport.com or calling ETHICSPORT headquarters in Italy: (+39) 0541 607325. The CUSTOMER must also return the Products to ETHICSPORT, within 14 days from the day on which the CUSTOMER notified ETHICSPORT about their decision, in the same condition in which the CUSTOMER received them (which does not interfere with the CUSTOMER’s right to take any reasonable steps to examine the Products and make sure they conform to the order). The CUSTOMER has a legal obligation to take reasonable care of the Products while they are in their possession. If the CUSTOMER fails to comply with this obligation, ETHICSPORT may have a right to deduct the cost of any deterioration, up to the price of the Product, from the refund to which the CUSTOMER is otherwise entitled.
To return the Products, the CUSTOMER should package the parcel securely (making sure to include a note with the CUSTOMER’s name and address inside the parcel) and then the CUSTOMER shall contact ETHICSPORT to arrange the collection of the parcel.
Shipping costs for the return of goods are on ETHICSPORT. Once ETHICSPORT has checked the full respect of all of the above, a full refund (including shipping costs) will be made within 14 days. Refunds will be made with bank transfer and in this case, the CUSTOMER will have to send ETHICSPORT their bank details (IBAN, SWIFT, BIC code) in order for ETHICSPORT to be able to make the bank transfer.
8 – Product conformity
In case of reception of Products which do not conform to the order or faulty Products, the CUSTOMER has the right to receive the compliant Products by the replacement of the non-compliant Products. The CUSTOMER is entitled to the replacement if the non-compliance shows within the expiration date and if the CUSTOMER informs ETHICSPORT about it within two weeks from the date this non-compliance was discovered by the CUSTOMER.
9 – Delivery terms
ETHICSPORT will deliver Products via express courier at the address provided by the CUSTOMER when placing the order within 7 working days from the reception of the e-mail confirming the order, in case of EU orders, and within 15 working days in case of international orders. For all orders made on the website
www.ethicsport.it, ETHICSPORT will issue an invoice for the Products shipped. The invoice will be sent to the CUSTOMER by e-mail at the same address used by the CUSTOMER to place the order. After the invoice is issued, it will not be possible to make any change to the data indicated in it.
10 – Responsibility
ETHICSPORT will not be liable for any delay or problem arising from force majeure or accidental events, also when this is due to a malfunction or breakdown of the Internet, which could prevent ETHICSPORT from shipping the orders within the times stated in the present contract.
11 – Access to the website
The CUSTOMER has the right to access the website
www.ethicsport.it to get information and purchase Products. Any other use, especially if commercial, of the website and of its contents is not allowed. All the sound and visual elements and the technology used remain a property of ETHICSPORT and are protected by intellectual property rights.
12 – Cookies
The website www.ethicsport.it use ''cookies''. Cookies are computer files that collect information about the CUSTOMER’s navigation (looked up pages, date and time of navigation, etc.), which allow ETHICSPORT to offer his users a customized service. ETHICSPORT informs the CUSTOMER about the possibility to deactivate the creation of cookies, by accessing to the Internet configuration settings. It is intended that this will prevent the CUSTOMER from completing the online purchase.
13 – Integrality
These Terms and Conditions of Sale are composed by all the provisions contained herewith. If one or more of these conditions are considered invalid by law, regulations or by a relevant court, the other conditions will be fully valid and in force.
14 – Applicable law and jurisdiction
These Terms and Conditions of Sale shall be governed by, and construed in accordance with, the laws of Italy.
The Italian court of Rimini shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions of sale, if not settled amicably.
Last update: the 2
nd of July 2015.