GENERAL CONDITIONS OF SALE
ONLINE SHOP WWW.NETSADDLE.COM
- GENERAL PROVISIONS
The following terms and conditions of sale (the “Conditions of Sale“) shall apply to all purchases of products (the “Products”) made on the website www.netsaddle.com (the “Website“) of Selle Italia Srl, with registered office in Casella d’Asolo (TV), Via Enrico Fermi No. 2, corporate capital of € 1,300,000, fully paid in, registered with the Company Register of Treviso with REA No. 330199, Tax Code and VAT No. 00652320243 (“Selle Italia“).
Selle Italia shall be free to modify the Conditions of Sale at any time. The Conditions of Sale applicable to an order will be those published on the Website at the time of execution of the order. The acceptance of the Conditions of Sale by the customers (the “Customers“), which will be necessary for the order to be processed, will be given by clicking on the “Pay with PayPal or card” button upon sending the order.
- PURCHASING ELIGIBILITY
The Products on the Website may only be ordered by individuals who have reached the age of majority and have legal capacity to enter into contracts. In case the Customer is under the age of majority or has no legal capacity to enter into contracts, the order must be placed by a parent or guardian. All orders made in violation of this provision and all subsequent contracts will not be effective.
- NATURE OF ORDERS
The display of Products to the Website is not an offer, but only an invitation to submit an offer to Selle Italia. By placing the order, the Customer will send an offer of purchase of the Product (s) chosen. The purchase contract will only be entered into upon acceptance of the order by Selle Italia by sending a confirmation email (the “Order Confirmation“), as provided in Article 9 below.
By placing the order, the Customer agrees to pay the price of the Product(s), once Selle Italia has accepted the order and sent the Order Confirmation.
- PRODUCT AVAILABILITY
The order processing is subject to the actual availability of the ordered Products and, in any case, to the acceptance of the order by Selle Italia, in its sole discretion.
Selle Italia reserves the right to modify the assortment of the Products offered on the Website.
In the event that one or more Products ordered by the Customer are not available at the time of order, Selle Italia will inform the Customer as soon as possible, communicating whether and when the Product will be available again and the new delivery date envisaged. At the Customer’s choice, Selle Italia will process the order according to the re-scheduled timing or will refund the amount eventually already paid. The Customer will not be entitled to any other reimbursement, indemnity and/or compensation of any kind.
- ACCOUNT REGISTRATION AND PERSONAL INFORMATION
In order to place an order on the Website, it is preferable to register and create an online account. It is however possible to place orders on the Website even without being registered Customers. To register or to place an order without being registered, it is necessary to provide some correct and up-to-date personal details, such as first and last name, phone number and e-mail address.
Upon completion of the registration, the Customer will receive a confirmation email and a link to the “My Account” section of the Website, where it will be possible to change username, password and the information at issue. The Customers must keep their credentials confidential and safe. Selle Italia will not be liable if a third party uses a Customer’s account.
In the event that the Customer’s data change, the latter shall update the information provided on the Website. In the event that Selle Italia reasonably believes that an account is improperly used or that a third party has access to it, it may cancel it and terminate any activity carried out through the same, informing the Customer by e-mail.
Once chosen a Product, the Customer shall click on the “Purchase” button, if he wants to proceed with the order, or on the button “Add to chart”, if he wants to choose also further Products. Once put in the chart all the desired Products, the Customer may proceed with the order clicking on the button “Proceed with your order”.
It will also be possible to remove one or more Products from the cart by clicking on the “X” button next to the Product in question.
Before sending the order to Selle Italia, the Customer will be able to check it and correct any mistakes.
In order to place an order, the Customer will be required to provide some personal information such as name, delivery address, billing address, and details of the payment. It is understood that the Customer may choose to indicate as a delivery address a personal address or the address of one of the retail stores that sell the Products of Selle Italia, choosing from those listed on the Website.
The Customer warrants that all information provided to Selle Italia is true and correct. Selle Italia or third parties that provide services to Selle Italia may collect additional information for security purposes or to prevent frauds.
Selle Italia reserves the right to refuse or cancel the orders received at any time, by way of example, in the event of a dispute about the payment of a previous order, or in case Selle Italia suspects that the Customer has carried out fraudulent activities or otherwise infringed the Conditions of Sale or the Regulation for the use of the Website.
- PRICES, TAXES AND SHIPPING COSTS
The prices published on the Website are in Euro and include VAT and all applicable taxes. Unless otherwise stated, published prices do not include shipping costs.
Selle Italia reserves the right to modify, at any time and without prior notice, the prices of the Products and the shipping costs published on the Website. Selle Italia will, however, apply to the Customer the price of the Product and the shipping costs in force and published at the time of placing the order.
Shipping costs will be indicated before the Customer submits the order, and will also be reported on the Order Confirmation and in the invoice. In this regard, see Article 10 below.
In case of incorrect indication of the price of a Product on the Website or in case the applicable VAT rate varies between the date of placement of the order and the date of delivery of the Products, Selle Italia will contact the Customer and will ask him/her to confirm the order at the correct price. In the absence of timely confirmation by the Customer, Selle Italia will cancel the order, giving due notice.
- METHODS OF PAYMENT
Selle Italia accepts PayPal payments, even without the Customer having a PayPal account.
The Customer must enter the payment details in the dedicated form on the PayPal website upon placing the order. The details of credit cards and PayPal accounts used will be encrypted and used only for the completion of the transaction. For further details, please refer to the PayPal website (https://www.paypal.com).
Credit cards or PayPal account holders will be subject to PayPal and/or card issuer authentication and authorization controls. Should PayPal or the credit card issuing company refuse payment to Selle Italia, the Customer must contact PayPal directly or the issuing company to resolve the issue; Selle Italia will not take any responsibility for delay or failure to deliver.
Before proceeding with the order, it may be carried out a pre-authorization procedure on the credit card of the Customer. The amount that the Customer must pay may be blocked until the order is shipped., This amount will be charged to the credit card at the time of the shipment. The Customer expressly authorizes Selle Italia to perform such pre-authorization and, in case Selle Italia considers it necessary, to transmit or obtain information about the Customer to or from third parties, in order to ascertain the identity of the Customer and the ownership of the credit card used. Such exchange of information may also take place to authorize specific purchase transactions.
Selle Italia takes all necessary measures to safeguard the information provided by Customers against the risk of loss, theft, misuse, as well as unauthorized access, disclosure, alteration, or destruction.
Selle Italia shall not be liable for damages that may result from the use of the Internet, for example in the case of hacker attacks, infections by trojan horses or computer viruses, which may occur despite the measures taken to protect the data of the Customer.
- CONFIRMATION OF THE ORDER BY SELLE ITALIA
After receiving the order and performing the security and anti-fraud checks, Selle Italia may send to the Customer, by e-mail, an acknowledgment of acceptance of the order (the “Order Confirmation“), which represents the acceptance of the order by Selle Italia and originates a binding contract of sale. Such Order Confirmation contains a reference number of the order that the Customer shall use for any communication with Selle Italia in relation to it.
- DELIVERY POLICY
Selle Italia will entrust the shipment of the order to a courier chosen based on the place of delivery of the goods. The delivery of the Products will be made to the address indicated in the order.
Shipping costs will be calculated by Selle Italia, based on the destination and on the total weight of the Products ordered, as indicated in the page “Payment & Shipping”, and will be charged to the Customer in addition to the price of the Products.
Selle Italia will do as much as possible to deliver the Products within 14 (fourteen) working days as from the acceptance of the order, unless such Products are not available in stock, circumstance that Selle Italia will promptly communicate by email to the Customer. It is understood that Selle Italia will not be responsible for any delays in delivery.
Once the order is ready for shipment, Selle Italia will send the Customer by e-mail a shipping confirmation and the tracking number assigned to the parcel by the courier, through which it will be possible to monitor the route of the parcel in real time.
If the Products shipped result broken or tampered with, the Customer may reject the parcel, specifying the reasons for the refusal in the waybill. Selle Italia will then contact the Customer, who may decide between a new free shipment, or the refund of the price.
An invoice will be sent to the Customer, by e-mail or into the parcel, where the delivery costs will be separately highlighted.
The accounting and tax documentation issued in connection with the sale of the Products will be based on the data provided by the Customer during the registration of the account and the compilation of the order. The Customer guarantees the truthfulness and accuracy of such data and undertakes to keep them timely updated.
- RIGHT OF WITHDRAWAL AND RETURN POLICY IN FAVOUR OF CONSUMERS
This Article 12 applies only to Customers who have the quality of consumers, meaning Customers who purchase Products for purposes other than the pursuit of their commercial or professional activities (the “Consumer Customers“).
12.1 Term for exercising the right of withdrawal
Save for the orders of Custom Products (as defined below), to which the provision under Article 14.3 below shall apply, the Consumer Customer may terminate the contract without giving any reason for his withdrawal (i) at any time before Selle Italia submits the Order Confirmation, or (ii) within 14 (fourteen) days as from the receipt of the Product (“Term of Withdrawal“). If the order relates to multiple Products, delivered separately, the 14 (fourteen)-day period begins on the day on which the last Product is delivered. Furthermore, the withdrawal may also be exercised only with reference to one (or some) of the Products.
Once the Term of Withdrawal has expired, the Consumer Customer may no longer exercise his/her right of withdrawal.
Una volta decorso il Termine di Recesso, il Cliente Consumatore non potrà più validamente esercitare il proprio diritto di recesso.
12.2 Return Procedure
In order to exercise his/her right of withdrawal, the Customer shall inform in writing Selle Italia of his/her decision to withdraw from the contract by letter sent by mail, fax or e-mail to the following contacts:
Selle Italia S.r.l.
Via Enrico Fermi n. 2
31011, Casella d’Asolo (TV)
Fax: +39 0423 54 13 00
After having sent the declaration of withdrawal to Selle Italia, the Customer shall send the Product to the Selle Italia return centre at the abovementioned address without delay and, in any case, within 14 (fourteen) days of its declaration of withdrawal.
The Consumer Customer shall bear the costs of return and make sure that the Product is shipped to the correct address, properly packaged and equipped with the necessary postal stamps. The shipping risk is borne by the Consumer Customer.
12.3 Conditions of Return.
The Consumer Customer shall keep the Product with diligence and indemnify Selle Italia for any deterioration of the Product resulting from any use other than the one necessary to establish its nature, operation and characteristics.
The Products must be returned within their packaging, together with the protective materials, labels and tags provided with them, and will be subject to strict quality control by Selle Italia. If quality control fails, Selle Italia will notify the customer, reserving as of now the full compensation for damages.
Once Selle Italia has received the Product, the Customer will be entitled to receive the refund, including the Purchase Price of the Product and the initial delivery charges that will be credited to the Credit Card or PayPal account used for payment of the Order, no later than 14 (fourteen) days after the declaration of withdrawal, without the Customer being charged any costs.
Selle Italia may suspend the refund up to (i) the day of receipt of the Product returned by the Consumer Customer, or, if earlier, (ii) the day that the Consumer Customer has provided adequate evidence to Selle Italia for having returned the Product to the return centre of Selle Italia under the above terms and conditions.
13.1 Legal Guarantee
The legal guarantee of conformity of the Products sold by Selle Italia, which the seller is legally required to provide for each good sold (the “Legal Guarantee“) differs depending on whether the Customer is a Consumer Customer or a Customer purchasing the Product in the context of the exercise his/her business or professional activity (the “Professional Customer“).
In particular, Selle Italia will be liable towards the Consumer Customers for any conformity defect in the Product existing at the time of delivery and which becomes apparent within 2 (two) years from the delivery. The conformity defect must be reported to Selle Italia, under penalty of forfeiture, within 2 (two) months after the date of discovery.
Unless otherwise proven, it is assumed that conformity defects that occur within 6 (six) months from the delivery of the Product existed at the time of delivery; as of the seventh month after the delivery of the Product, it will be incumbent on the Consumer Customer to prove that the defect of conformity existed at the time of delivery.
In order to benefit from the Legal Guarantee, the Consumer Customer must provide proof of the date of purchase and delivery of the Product, submitting the Order Confirmation or purchase invoice or any other document attesting such dates.
In general, there is a lack of conformity when the purchased good:
- is not suitable for use for which goods of the same type normally serve;
- is not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the Consumer Customer as a sample or model;
- does not present the typical qualities and performances of a good of the same kind that the Consumer Customer can reasonably expect, given the nature of the goods and the declarations made in advertising or in the labelling;
- is not suitable for the particular intended use by the Consumer Customer, which has been brought to the attention of the seller at the time of the closing of the contract and that the seller has accepted.
Therefore, any failure or malfunctions caused by accidents or due to Consumer Customer’s or third party’s liability, or to a manipulation of the Product or to a use that is not in accordance with its intended use and/or what is required by the technical documentation possibly attached to the Product, are excluded from the scope of the Legal Guarantee.
In the event of a conformity defect duly reported within the terms provided, the Customer is entitled:
- Primarily, to the repair or replacement of the good, at his option, unless the remedy required is objectively impossible or overly expensive;;
- On a subordinate basis (i.e., where repair or replacement are impossible or excessively costly, or they are not carried out in a timely manner, or have caused significant disadvantages to the Consumer Customer), the reimbursement of the price by Selle Italia.
The remedy required is excessively costly if it imposes on Selle Italia unreasonable expenses compared to alternative remedies, taking into account (i) the value that the good would have if there was no default; (ii) the extent of the conformity defect; and (iii) the possibility that the alternative remedy may be experienced without any significant inconveniences to the Consumer Customer.
In the event that a Product, during the period of validity of the Legal Guarantee, shows a conformity defect, the Consumer Customer shall contact Selle Italia at the addresses indicated in the Conditions of Sale, which shall promptly reply to the notice of the alleged defect of conformity and shall indicate to the Consumer Customer the procedure to follow. Selle Italia reserves the right to ask the Consumer Customer to attach to the request to use the Legal Guarantee the invoice related to the purchase of the defective Product.
In case of disagreement about the defective nature of the Product, Selle Italia may, upon request of the Consumer Customer, have checks made by independent third parties. The cost of such checks will be borne by the Consumer Customer in case the test shows that the Product is not defective.
It is understood that Selle Italia is the entity liable for the application of the Legal Guarantee regarding the Products sold by Selle Italia on the Website. Selle Italia is not responsible for the application of the Legal Guarantee in respect of Products sold on the Website by third parties, if any. In such a case, Selle Italia will indicate on the Website the identity of the seller of the Products at issue.
In order to benefit from the Legal Guarantee, the Professional Customer must report in writing, under penalty of forfeiture, any defect of the Products, within 8 (eight) days as from receipt of same, in case of evident defects, or within 8 (eight) days as from the discovery of the defect, in case of hidden defects. However, the Products will be guaranteed for maximum period of 12 (twelve) months after delivery.
13.2 Manufacturer’s Conventional Guarantee
Products sold on the Website may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (the “Conventional Guarantee“).
The Customer may only enforce the Conventional Guarantee against the manufacturer. Duration, extent, territoriality, conditions and manner of use, types of damages/defects covered and any limitations of the Conventional Guarantee depend on the single manufacturer and are indicated in s.c. certificate of Guarantee contained in the product packaging.
The Conventional Guarantee has a voluntary nature and does not replace, limit, affect or exclude the Legal Guarantee.
- SPECIAL CONDITIONS OF SALE OF CUSTOMISED PRODUCTS
14.1 Customization of Products
Customers may order Custom Products (the “Custom Products“) on which images and/or texts shall be printed, as instructed by the Customers, via the online configurator on the Website. Selle Italia will not be responsible for the creation of Custom Products based on incorrect or incomplete information provided by the Customer.
Customers are prohibited from requesting the printing of texts or images which are offensive, pornographic, defamatory, blasphemous, or contain threats and incitement to violence, or that violate third party rights, bear third-party trademarks or consist of or include the name or nickname of a famous person. Customers may use images depicting minors only if the are their parents exercising parental authority or have received the authorization from the subjects exercising such authority over them. Customers can use images that portray individuals only if they have obtained their consent.
Selle Italia reserves the right to refuse to produce Custom Products on the basis of names, words, phrases or images falling within one of the above categories or transmitting a message that is deemed to be inappropriate for any reason, in its sole discretion, without providing the Customer with any justification. Selle Italia’s decision to reject the text or image proposed by the Customer will result in the cancellation of the order.
Clients assume full responsibility for any breach of industrial or intellectual property rights or other rights held by third parties caused by the texts or images provided to Selle Italia for the customisation of the Products, and undertake to indemnify and hold harmless Selle Italia from any cost, expense, damage, loss, or liability that it may incur, in relation to the texts or images that Customers have requested to apply onto Custom Products.
The Customers acknowledge that some parts of the Custom Product may be made by third parties to whom Selle Italia is authorized to provide the texts or images necessary to customize the Product.
Selle Italia is not required to return images or other materials provided by Customers in order to customize the Products.
Customers, however, retain the intellectual and/or industrial property of texts and images sent for the creation of Custom Products.
14.2 Discrepancies in production and techniques
Custom Products may present tolerable differences in material, colour, weight, size, manufacturing and other similar features compared to the descriptions and indications of prospectuses, catalogues or other documents of Selle Italia.
With particular reference to graphic design and printing design, there may be differences between the printed colours and the colours of files displayed on the screen.
14.3 Right of withdrawal
In purchasing Custom Products, Consumer Customers will not be entitled to withdraw. In any case, all Customers will be entitled to the legal guarantee in respect of Custom Products which are defective or not corresponding to the description shall still apply (please refer to Article 13.1 above).
- FINAL PROVISIONS
15.1 Full agreement
These Conditions of Sale, including the information incorporated therein, constitute the entire agreement between the Customer and Selle Italia regarding the purchase of Products on the Website and supersede any other agreement or understanding, commitment or proposal between the Customer and Selle Italia, with reference to the same subject.
15.2 Autonomy of the provisions
In the event that any provision of the Conditions of Sale is declared void or ineffective, for whatever reason, nullity or ineffectiveness will only concern the provision in question, without affecting the validity and effectiveness of the other provisions of the Conditions of Sale.
15.3 Applicable law
These Conditions of Sale are governed by Italian law, excluding the 1980 Vienna Convention on the International sale of movable assets.
All disputes concerning these Conditions of Sale, their validity, effectiveness, interpretation and execution will be referred to the jurisdiction of the court identified under this Article 15.4.
Disputes with Consumer Customers:
- will be transferred to the jurisdiction of the court of the place of residence or domicile of the Consumer Customer, if they are located in Italy;
- if the Customer resides in another Member State of the European Union:
- They may be transferred to the jurisdiction of the State in which Selle Italia is domiciled or where the Consumer is domiciled, in the event that they are started by the Consumer Customer in respect of Selle Italia; or
- Shall be referred to the jurisdiction of the court of the place of residence or domicile of the Consumer Customer, in the event that they are started by Selle Italia vis-à-vis the Consumer Customer.