Conditions of sale

GENERAL CONDITIONS OF SALE - INFORMATION PURSUANT TO ART. 13 DL 196/93

General conditions of sale relating exclusively to purchases via the sportuno.it website
The sales contract is governed by Italian law as well as by the general conditions set out below.

1) DEFINITIONS
The expression "online sales contract" means the purchase and sale contract relating to the Seller's tangible movable assets, stipulated between the Seller and the Buyer as part of a remote sales system via telematic tools, organized by the Seller.
The expression "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out or the Company as a legal person.
The expression "Seller" means the person who carries out the sale of the goods covered by this contract

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Salesperson:
- SPORTUNO SRL with headquarters in Rome, Lungotevere di Pietra Papa, 177, registered with the Rome Chamber of Commerce on 06/24/1982 at no. 05602380585 of the Company Register, tax code no. 05602380585, VAT number no. 01420231001
Buyer:
- final subject who can be identified as a physical and/or legal person

3) OBJECT AND CONCLUSION OF THE CONTRACT
All products on the website www.sportuno.it constitute an offer to the public pursuant to art. 1336 cc and are sold directly by Sportuno srl, with registered office in Lungotevere di Pietra Papa, 177 – Rome – VAT number 01420231001.

4) PAYMENT AND REFUND METHODS
The Seller accepts the following payment methods:
- advance payment of the products ordered via the main credit cards (Mastercard and Visa circuits) and bank transfer.
Credit card data is managed directly by IW Bank or by other banks specialized in managing online payments.
- Cash on delivery, you will pay when collecting the ordered goods to the GLS or SDA courier

Any refund to the Buyer, if he is entitled to it, will be credited by deducting any expenses attributable to us (e.g. shipping costs incurred), within a maximum of 30 days. from the date on which the Seller became aware of the cause giving rise to the right to reimbursement.

5) DELIVERY TIMES AND METHODS
Upon delivery, please check the condition of the packaging.
If the package is intact, cross out the words GOODS RECEIVED INTACT on the invoice.
If the packaging is not perfectly intact, collect the goods by crossing the words "GOODS RECEIVED WITH RESERVE TO INSPECTION" on the invoice and communicating via fax or e-mail with our customer service office. If when opening the package the goods inside are damaged, we will proceed with the IMMEDIATE REPLACEMENT at no additional cost to the customer, no later than 7 days from receipt of the goods.
In the event that the package is seriously damaged, reject the goods by crossing the words "GOODS REJECTED DUE TO DAMAGED PACKAGE" on the invoice and communicating via fax or e-mail with our customer service office. Sportuno srl will ship the new item at no additional cost to the customer.
In both cases it is still necessary to send some demonstrative photos, possibly also of the packaging, so that the extent of the damage can be seen.
Delivery time:
They relate to the individual selected items and are indicated in the product sheet.
However, it is Sportuno srl's priority commitment to process correctly completed orders, in the shortest time possible and with the utmost care.

6) SHIPPING AND DELIVERY COSTS
The Seller ships with the DDP (Delivery Duty Paid) formula to EC countries. The costs are calculated based on weights and dimensions referring to the average product marketed by sportuno.it defined as "standard". In cases of purchases of products with weights and volumes outside the standard (treadmills, football goals, etc...) the transport costs will be estimated by our sales office.
In any case, the cost will never be less than €uro 10.00 including VAT. For transport to the smaller islands, a surcharge of €20.00 will apply to storage and redelivery costs. Telephone notice to the Buyer of delivery of goods is free.
The delivery of the goods is made to the house number, the delivery to the floors must be estimated separately.
Sportuno Srl takes care of the transport risks (from our warehouse to unloading from the customer) for any damage, theft or loss of the shipped gear.
For orders shipped abroad, in addition to transport costs, additional duties and taxes required by local authorities must be considered.
It is the responsibility of the Buyer residing in a country which is not part of the EC to inform himself about local taxes and duties before placing an order with the Seller.

7) GOODS INSURANCE AND SELLER LIABILITY
The Seller insures the products against theft and accidental damage from the moment of delivery to the courier until the moment they reach their destination. The Seller, therefore, is not required to replace or credit material that has been tampered with, damaged or lost during transport.

8) PRICES
All prices displayed on the sportuno.it website are expressed in Euros (€) and are VAT INCLUDED and valid only for online purchases.
sportuno.it has the right to change prices without communication or notice.

9) AVAILABILITY OF PRODUCTS
If for any reason the product ordered by the Buyer for sale on sportuno.it is no longer available, sportuno.it will contact the Buyer within 30 (thirty) days from the following day of sending the order, and inform him of the temporary or definitive unavailability of this product. If possible sportuno.it will offer the Buyer an alternative product to the one not available. The Buyer may decide whether to accept the alternative product or request a full refund if already paid.
No responsibility can be recognized on sportuno.it in the event of unavailability of products.

10) LIMITATIONS OF LIABILITY
The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its sub-suppliers. Furthermore, the Seller will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards at the time of payment for the purchased products, if it demonstrates that it has adopted all the ordinary precautions possible at the time and based on ordinary diligence.

11) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SELLER'S OBLIGATIONS
The Seller cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product.
The lack of conformity exists when the product is not suitable for the use for which it is usually intended, does not conform to the description or does not possess the qualities promised by the seller, does not offer the usual qualities and performances of a good of the same type, does not it is suitable for the particular use desired by the Buyer if brought to the attention of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).

12) GUARANTEES AND ASSISTANCE METHODS
With the exception of clothing and footwear, pursuant to Legislative Decree 206/2005 (“Consumer Code”), all products on sale on this site are covered by a 24-month legal guarantee.
The date of purchase shown in the accompanying document is valid.
If this document is missing or lost, it can be requested from sportuno.it.
sportuno.it, based on the 24-month Legal Guarantee, is responsible towards the consumer (the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out) for defects of conformity not detectable at the time of 'purchase.
The lack of conformity exists when the product is not suitable for the use for which it is usually intended, does not conform to the description or does not possess the qualities promised by the seller, does not offer the usual qualities and performances of a good of the same type, does not it is suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (art. 129 of the Consumer Code).

13) BUYER'S OBLIGATIONS
The Buyer undertakes to read and accept all the conditions listed in the document.
To pay the price of the purchased good in the times and ways indicated in the Contract.
To copy and conserve all documentation with sportuno.it using one's own means (orders, order confirmation, emails and communications)

14) RIGHT OF WITHDRAWAL
Pursuant to the articles. 64 et seq. of Legislative Decree 206/05, the buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason.
The deadline for exercising this right is 10 working days (including Saturdays) from receipt of the goods as required by law.
Within this period, the customer is required to send written and signed communication by registered letter to:
Sportuno Srl - Lungotevere di Pietra Papa, 177 – 00146 Rome
The letter must also contain the details of a bank or postal account to reimburse the sum incurred, if the payment was made by cash on delivery or bank transfer.
This letter can be sent in advance by fax to the number 06 55.87.960 or by e-mail to info@sportuno.it
Together with the transmission of the letter, the customer is required to return the goods, via courier or other means, placing them in suitable packaging in order to guarantee their integrity during transport by following the precautions listed below:
- the products must not have been used, worn, washed or damaged;
- the products must be returned in their original sealed packaging;
- the returned products must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept goods from the same order, returned separately in multiple shipments;
The products and written communication must be sent within 10 working days (including Saturdays) from receipt of the purchased goods, to the following address:
Sportuno Srl - Lungotevere di Pietra Papa, 177 – 00146 Rome
Shipping costs for sending the goods are borne by the customer.
Only the Private Customer who purchases the goods for purposes unrelated to his economic and work activity can exercise the right of withdrawal, providing his Tax Code and not his VAT number for invoicing.
Sportuno Srl will credit the customer with the amount paid on the invoice within 30 days of receiving the goods, in relation to the returned product, excluding shipping and/or cash on delivery costs (where present)
The right of withdrawal expires in the following cases:
- Lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Sportuno srl ascertains even partial use of the goods and any consumables;
- Lack of external packaging and/or original internal packaging;
- Absence of integral elements of the product (accessories, cables, manuals, parts,...);
- Damage to the product for reasons other than its transport;
- Food Supplements (for reasons of guaranteeing the integrity of the product)
- On all products where personalization has been carried out;
- Purchases made with an invoice issued for professional use
- In case of purchase of heart rate monitors it is possible to exercise the right of withdrawal only and exclusively if the same has not been activated. (for further information contact us on 06 55.62.001).