Terms and Conditions of Sale
Date of publication on the website and effective date: 01/06/2020
1. Scope
1.1. These general terms and conditions of sale (hereinafter also the “Terms”) apply to the purchase of “Ciesse Piumini” branded products (hereinafter the “Products” or, in the singular, the “Product”) made through the e-commerce website www.ciessepiumini.com (hereinafter the “Website”) by users qualifying as “Consumers” pursuant to Article 1.2 below. The Website is owned by SPORT FASHION SERVICE SRL, with registered office at Via Matteo Bandello 8 – Milan – 20123 MI – Italy, VAT No. 09238561006, Tax Code 09238561006, registered with the Rome Companies Register under registration number RM-1150650 (hereinafter the “Owner”).
1.2. Purchases of Products made through the Website shall be entered into between Sport Fashion Service srl, as seller (hereinafter the “Seller”), and the person purchasing one or more Products for purposes unrelated to their own business, commercial, craft or professional activity, as purchaser (hereinafter the “Consumer”) (the Seller and the Consumer shall hereinafter be jointly referred to as the “Parties”).
1.3. The Owner also holds the rights to the Website domain name, the logos and trademarks relating to the Products presented on the Website, as well as the copyright in the Website content.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller using the contact details and methods indicated on the Website and at the e-mail address customercare@ciessepiumini.com.
1.5. Each purchase is governed by the version of the general terms and conditions of sale published on the Website at the time the Consumer submits the order.
1.6. The Website is dedicated to retail sales and, as such, is intended exclusively for use by Consumers. Persons who are not Consumers are requested not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms shall apply; however, notwithstanding the provisions contained herein:
1. the purchaser shall not be entitled to the right of withdrawal referred to in Article 10;
2. the purchaser shall not benefit from the Product warranty referred to in Article 8;
3. the purchaser shall not be entitled to any other protections provided herein in favour of the Consumer that reflect or comply with mandatory provisions of law;
4. the sales agreement concluded between the Seller and the purchaser shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. When submitting the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these Terms shall be sent by e-mail to the address provided during registration on the Website or during the purchasing process.
1.8. To make purchases through the Website, the Consumer must be of legal age (18 years old) and have legal capacity, which the Consumer declares to possess.
1.9. Any costs incurred by the Consumer for connecting to the Website via the Internet, including telephone charges, shall be borne exclusively by the Consumer according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Website and in accordance with the Terms published on the Website when the Consumer submits the order, to the exclusion of any other terms or conditions.
2.2. The Seller reserves the right to amend these Terms at any time, at its sole discretion, without having to provide prior notice to Website users. Any amendments shall take effect from the date of publication on the Website and shall apply only to sales concluded from that date onward.
2.3. The prices, the Products offered for sale on the Website and/or their characteristics may be changed without notice. Such changes shall apply only to orders that have not yet been confirmed on the date of the change. In any event, before submitting the purchase order pursuant to Section 3 below, the Consumer is invited to check the final sale price.
2.4. The Website can be accessed from anywhere in the world. However, the Products available on the Website may be purchased only by users requesting delivery to one of the countries indicated on the Website.
3. Methods for purchasing Products – Conclusion of each individual purchase agreement
3.1. The presentation of the Products on the Website, which is not binding on the Seller, constitutes merely an invitation to the Consumer to submit a contractual purchase proposal and does not constitute an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller through the Website constitutes a contractual proposal and is governed by these Terms, which form an integral part of the order and which the Consumer, by submitting the order to the Seller, is required to accept in full and without reservation. Before purchasing the Products by submitting the purchase order, the Consumer will be asked to read these Terms and the information on the right of withdrawal carefully, to print a copy using the print command and to save or reproduce a copy for personal use. The Consumer will also be asked to identify and correct any errors made when entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller when the Seller sends an order confirmation e-mail to the e-mail address provided by the Consumer when registering on the Website or, if the Consumer is not registered on the Website, when submitting the order. The confirmation e-mail shall include a link to the text of these Terms, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Terms applicable to the relationship between the Parties shall be stored electronically by the Seller in its IT systems, and the Consumer may request a copy by sending an e-mail to the Seller at customercare@ciessepiumini.com.
3.4. Each agreement for the purchase of Products shall be deemed concluded when the Consumer receives the Seller’s order confirmation by e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and adding them to the relevant virtual shopping cart. Once the Products have been selected, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Website by providing the requested information, or (ii) log in if the Consumer is already registered, or (iii) provide their details in order to complete the order and enable the agreement to be concluded. If the information entered in the order differs from that provided when registering on the Website, the Consumer will be asked to confirm their personal details (including, by way of example but not limited to, first name, surname, etc.), as well as the address to which the selected Products are to be delivered, the billing address and, optionally, a telephone number at which they may be contacted regarding the purchase. The Consumer will be shown a summary of the order to be placed, whose contents may be amended. The Consumer must then, after carefully reading them, expressly approve these Terms by ticking the relevant check box on the Website and, finally, confirm the order by clicking the “Place Order” button. The order will then be definitively sent to the Seller and shall produce the effects described in Section 3.2 above of this agreement. The Consumer will also be asked to choose a shipping method and a payment method from those available. If the Consumer chooses an immediate payment method (at the time of purchase) by credit card, PayPal or instant bank transfer, the relevant information must be provided through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. If payment is made by credit card, the purchase amount shall be charged only when the Seller sends the order confirmation to the Consumer.
4.2. If, during the Product selection procedure on the Website referred to in Section 4.1 above, the Consumer notices that the price of one or more Products they intend to select for purchase is clearly lower than the price normally charged, net of any discounts and/or promotions in force at that time, due to an obvious technical issue affecting the Website, the Consumer is requested not to complete the purchase order and to report the technical error to the Seller’s Customer Service by sending an e-mail to customercare@ciessepiumini.com.
5. Delivery and acceptance of the goods
5.1. The Website indicates Product availability and delivery times; however, this information is purely indicative and is not binding on the Seller.
5.2. The Seller undertakes to use its best efforts to comply with the delivery times indicated on the Website and, in any event, to complete delivery within a maximum of 30 (thirty) days starting from the day after the Consumer submits the order. If the Seller is unable to fulfil the order due to the Product being unavailable, even temporarily, the Seller shall notify the Consumer in writing and refund any amounts already paid by the Consumer for the Product in accordance with Section 5.3 below. If the Consumer has chosen bank transfer as the payment method, the delivery period shall begin when the Seller receives payment.
5.3. The Products ordered by the Consumer shall be shipped using the method selected by the Consumer from those available and indicated on the Website when the order is submitted. The Consumer undertakes to check promptly and as soon as possible that the delivery contains all and only the Products purchased and to notify the Seller promptly of any defects in the Products received or any discrepancy with the order placed, in accordance with the procedure set out in Article 8 below of these Terms; failing this, the Products shall be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives visibly damaged, the Consumer is invited to refuse delivery by the carrier/courier or to accept the delivery “subject to inspection”.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is the price indicated on the Website when the Consumer submits the order. Prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping costs, which are calculated before the Seller sends the order confirmation to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.
6.2. The Consumer shall pay the Seller the total price shown in the order and in the order confirmation sent by the Seller to the Consumer by e-mail.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and repeated in the order confirmation, including indirect taxes (where applicable), does not include any customs duties or other sales taxes. The Consumer hereby undertakes to pay such amounts, where due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the laws of the country in which the Products are to be delivered. The Consumer is invited to contact the competent authorities in their country of residence or in the country of destination of the Products in order to obtain information about any duties or taxes applied there.
6.4. Any additional costs, charges, duties and/or taxes imposed by a country, on any basis whatsoever, on Products ordered under these Terms shall be borne exclusively by the Consumer.
6.5. The Consumer declares that any lack of knowledge, at the time an order is submitted to the Seller, of the costs, charges, customs duties, duties and/or taxes referred to in Sections 6.3 and 6.4 above shall not constitute grounds for terminating this agreement and that such amounts may not in any way be charged to the Seller.
7. Payments
7.1. Payment of the price of Products purchased through the Website must be made within the essential time limit of 10 (ten) days from the date on which the Seller sends the order confirmation to the Consumer. The Consumer expressly agrees that performance of the agreement by the Seller shall begin when the price of the Product(s) purchased is credited to the Seller’s bank account.
7.2. Payment may be made by credit card or through PayPal, under the conditions described below. The Seller may allow additional payment methods, which shall be indicated in the payment section of the Website.
7.3. If payment is made by credit card, the Consumer shall be redirected to a secure website and the credit card details shall be communicated directly to Global Collect Service BV, with registered office at Planetenweg 43-49, 2132 HF Hoofddorp, Amsterdam, the Netherlands, registered with the Amsterdam Chamber of Commerce under number 34140462, which processes payments on behalf of the Seller. The information transmitted shall be sent securely through 128-bit SSL (Secure Socket Layer) encrypted data transfer. Such information is not accessible even to the Seller.
7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the “SWIFT” and “IBAN” codes shown in the order confirmation, as well as the order number.
7.5. Where required by applicable law, the Seller shall promptly send the Consumer the tax receipt for the purchase electronically by e-mail to the address provided by the Consumer if the Products purchased are to be delivered within Italy, or shall include a paper copy with the Products purchased in all other cases.
8. Seller's legal warranty of conformity, reporting of conformity defects and warranty remedies
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (hereinafter the “Consumer Code”), the Seller warrants to the Consumer that the Products shall be free from design and material defects and shall conform to the descriptions published on the Website for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Any warranty shall be excluded if the Product is used or washed in a manner inconsistent with its intended use or with the relevant instructions/warnings provided by the Seller and/or the Owner or contained in the relevant explanatory documentation, tags or labels.
8.2. In order not to forfeit this warranty, the Consumer must report any defects or lack of conformity no later than 2 (two) months after discovery by sending Customer Service, by e-mail at customercare@ciessepiumini.com, the relevant duly completed form indicating the defect and/or lack of conformity found, together with the documentation specified in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.3. After receiving the form and the relevant documentation, the Seller shall assess the defects and lack of conformity reported by the Consumer through the Owner’s customer service and, after carrying out the quality checks necessary to verify the actual lack of conformity of the Product, shall decide whether to authorise the return of the Products. The Seller shall notify the Consumer of its decision by e-mail at the address provided during registration on the Website or when the order was submitted, and the notification shall include a “Return Code”. Authorisation to return the Products shall not in any way constitute acknowledgement of defects or lack of conformity, whose existence shall be established after the return. Products whose return has been authorised by the Seller must be returned by the Consumer, together with a copy of the return authorisation notice bearing the “Return Code”, within 30 (thirty) days of reporting the defect or lack of conformity, to the following address: SPORT FASHION SERVICE SRL, VIA MATTEO BANDELLO 8, 20123 MILAN (MI), ITALY
8.4. In the event of defects or lack of conformity, the Consumer shall be entitled to have the Product brought into conformity by the Seller through repair or replacement, or to alternative remedies in the cases expressly provided for by Article 130 of Legislative Decree No. 206/2005.
If the Seller has undertaken to refund the price paid to the Consumer, the refund shall, where possible, be made using the same payment method used by the Consumer when purchasing the Product or by bank transfer. The Consumer shall be responsible for sending the Seller, always by e-mail at customercare@ciessepiumini.com, the bank details required to make the transfer in their favour and to enable the Seller to refund the amount due.
9. Liability for damage caused by defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. In its capacity as distributor of the Products through the Website, the Seller shall be released from any and all liability, without exception, by providing, at the request of the Consumer who suffered the damage, the identity and address of the relevant manufacturer.
10. Right of Withdrawal
10.1. Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any agreement concluded under these Terms, without having to provide any reason and without any penalty, within 14 (fourteen) days from the date on which (i) the Product is delivered or (ii), in the case of the purchase of several Products delivered separately under a single order, the last Product is delivered.
10.2. To exercise the right of withdrawal, before the expiry of the period referred to in Section 10.1 above, the Consumer must inform Sport Fashion Service srl of their decision by accessing the “My Returns” page from My Account or, if not registered on the Website, by accessing the dedicated page and entering the order number and the e-mail address used for the purchase. Alternatively, the Consumer may send Sport Fashion Service srl an explicit statement of their decision to withdraw through the contact form or by e-mail at customercare@ciessepiumini.com, using the standard withdrawal form attached.
10.3. Following the procedure set out in Section 10.2 above, the Consumer shall receive an e-mail confirming the exercise of the right of withdrawal. If the Consumer has already received the ordered Product, the e-mail shall contain the return form to be placed inside the parcel and instructions for returning the Product, which must be sent no later than the following 14 days to:
SPORT FASHION SERVICE SRL
VIA MATTEO BANDELLO, 8
20123 MILAN – ITALY
10.4. If the Consumer has received the Product, they must return it to SPORT FASHION SERVICE SRL without undue delay and, in any event, within 14 days from the date on which the withdrawal was communicated. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of return, shall be borne by the Consumer. If the Consumer exercises the right of withdrawal through the Website, before confirming the withdrawal request they shall be informed of the cost of returning the goods if they wish to use the return service offered by the Website.
10.5. In the event of withdrawal, the Consumer shall be reimbursed for all payments made, including delivery costs (except for any supplementary costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and, in any event, no later than 14 days after exercising the right of withdrawal. Such refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement using a different means of payment, in which case any additional costs arising from the different means of payment shall be borne by the Consumer. The refund may be withheld until the goods are received or until the Consumer provides evidence that the goods have been returned, whichever occurs first.
10.6. The Consumer is liable for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, showing signs of wear, abrasion, dents, scratches, deformation, etc.), are not complete with all their components and accessories (including unaltered labels and tags still attached to the Product), are not accompanied by the enclosed instructions/notes/manuals, original packaging and wrapping, and warranty certificate, where present, the Consumer shall be liable for the reduction in the value of the goods and shall be entitled to a refund equal to the residual value of the Product. For this purpose, the Consumer is therefore invited not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original Product packaging with additional protective packaging that preserves its integrity and protects it during transport, including from writing or labels.
11. Intellectual property rights
11.1. The Consumer declares that they have been informed that all trademarks, names, distinctive signs, designations, images, photographs, written or graphic texts used on the Website or relating to the Products are and shall remain the exclusive property of SPORT FASHION SERVICE SRL and/or its successors in title, and that access to the Website and/or the purchase of the Products shall not grant the Consumer any rights over them.
11.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of SPORT FASHION SERVICE SRL.
12. Consumer data and privacy protection
12.1. In order to register, submit an order and consequently conclude an agreement under these Terms, the Consumer is asked to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided shall be recorded and used by the Seller and SPORT FASHION SERVICE SRL, in accordance with and pursuant to Italian Legislative Decree No. 196/2003, as amended – the Privacy Code – in order to process each purchase made through the Website and, subject to the Consumer’s consent, for any additional activities indicated in the specific privacy notice provided to the Consumer through the Website at the time of registration.
12.2. The Consumer declares and warrants that the information provided to the Seller during the registration and purchasing process is accurate and truthful.
12.3. The Consumer may update and/or amend the personal data provided to the Seller at any time through the “My Account” section of the Website, accessible after authentication.
12.4. For any further information on how the Consumer’s personal data is processed, please access the Privacy Policy section and carefully read the General Terms of Use.
13. Security
13.1. Although the Seller adopts measures intended to protect personal data against possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations associated with the protection of electronic communications over the Internet, the Seller cannot guarantee that information or data viewed by the Consumer on the Website, even after the Consumer has authenticated (logged in), will not be accessible to or viewed by unauthorised third parties.
13.2. With regard to credit card payment information, the Seller uses the services of Global Collect Service BV, which adopts technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information over the web.
14. Governing law, attempted conciliation and competent court
14.1. Any sales agreement concluded between the Seller and Consumers under these Terms shall be governed by and interpreted in accordance with Italian law and, in particular, the Consumer Code, with specific reference to the legislation governing distance contracts, and Legislative Decree No. 70 of 9 April 2003 concerning certain aspects of electronic commerce. In any event, any rights granted to Consumers by mandatory provisions of law in force in their country shall remain unaffected.
14.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at amicable conciliation that each Consumer may initiate before RisolviOnline, an independent institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which makes it possible to reach a satisfactory agreement with the assistance of a neutral and competent conciliator in an amicable and secure manner online. For further information on the RisolviOnline rules or to submit a conciliation request, visit www.risolvionline.com.
14.3. As an alternative to the attempted conciliation referred to in Section 14.2 above, the Consumer may also access the European Online Dispute Resolution platform (the European ODR Platform) to resolve any dispute between the Seller and the Consumer. The European ODR Platform was developed and is managed by the European Commission in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013 in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service agreements between a consumer resident in the European Union and a trader established in the European Union, through the intervention of an ADR (alternative dispute resolution) body that has joined the platform and can be selected from the list available there. For further information about the European ODR Platform or to initiate an alternative dispute resolution procedure concerning this agreement through the platform, access the following link: http://ec.europa.eu/odr. The Seller’s e-mail address to be entered on the European ODR Platform is: customercare@ciessepiumini.com.
14.4. If the attempted conciliation referred to in Section 14.2 or 14.3 above is not pursued or is unsuccessful, the dispute shall be submitted to the court having jurisdiction over the Consumer’s place of residence or domicile.
