Be Sport SRL
Via Brioni 13
31030 Altivole (TV)
Tel: +39 0423 940601
P.I.05110890265 - REA TV-426309
The terms and phrases listed below have the meanings indicated, it being understood that terms defined in the singular are also understood to be defined in the plural and vice versa.
Customer: means any person who purchases one or more Products/Services offered through the On-Line Shop by accepting these General Conditions.
Parties: means jointly Be Sport srl and the Customers.
General Conditions of Sale: means these General Conditions and any future new versions that may be published in the On-Line Shop by Be Sport srl.
On-LineShop: means the virtual store, managed by Be Sport srl and accessible through the URL www.threeaface.it through which it is possible to purchase the Products/Services.
Contracts: means the contracts concluded between Be Sport srl and the Customers through the On-Line Shop.
Orders: means the purchase orders of the Products and/or provision of the Service sent by the Customers, in accordance with these General Terms and Conditions of Sale.
Price: means the price of the Products and/or the supply of the Service as indicated in the On-Line Shop under the Products/Services themselves.
Consumer: according to the relevant definition in Article 3 D. Lgs. n. 206/2005 (Consumer Code) is the natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out.
Service: means the service offered in the On-line Shop.
Product: means the good offered in the On Line Shop.
Shipping charges: means the amount due for the delivery of the product.
1.1 The General Terms and Conditions of Sale govern all Contracts concluded between the parties and form an integral part thereof.
1.2 The General Terms and Conditions of Contract Sale shall be amended from time to time also in consideration of any regulatory changes. The new General Terms and Conditions of Sale shall be effective from the date of publication on the On-Line Shop.
2.1 The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.
2.2 The displayed Price is inclusive of the value added tax (VAT) foreseen for the type of good.
3.1 The shopping cart allows you to immediately check the products entered, with their unit cost V.A.T. included. It will be possible to decide the quantities to be purchased for each type of product chosen, or to remove from the cart one or more products that you have decided you no longer wish to purchase. A series of buttons allow you to:
* update the cart after making cancellations or quantity changes;
* delete individually the products/services contained;
* return to the home page.
3.2 Once the cart is filled with the desired products, you can make the actual purchase and the choice of the form of payment.
4.CONCLUSION OF CONTRACTS
The contract will be concluded through the following steps:
4.1 By sending the Order, the Customer will transmit to Be Sport srl a proposal to purchase the selected product or products.
4.2 Contracts are considered concluded between the Parties when Customers receive the Order Confirmation with the assignment of the order number. The Order Confirmation contains a summary of the General Conditions of Sale, information on the right of withdrawal, information on the essential characteristics of the product and a detailed indication of the price, means of payment and delivery costs with an indicative indication of the delivery time.
4.3 By sending the Orders, Customers declare that they have read all the instructions concerning the method of purchase of the product and that they have fully accepted the General Conditions as well as having read all further information contained in the On-Line Shop, also referred to through links.
4.4 Be Sport srl reserves the right not to process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of products.
4.5 It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but differ in color tones, dimensions, accessory products present in the picture. The presentation of each product contained in the site is merely illustrative and does not constitute a statement or warranty by the actual characteristics and performance of the goods sold.
4.6 The parties, at all stages of the formation and conclusion of the contract, must behave in accordance with the general principles of fairness and good faith enshrined in Articles 1175, 1337 and 1375 of the Civil Code.
5.METHODS OF PAYMENT
Be Sport srl allows Customers different payment methods listed below:
5.1 PayPal. For online payments Be Sport srl also uses the PAYPAL system.
Once this payment method has been chosen, the Customer will be directed to Paypal's secure server to whose general terms and conditions he/she must comply.
Under no circumstances Be Sport srl can therefore be held responsible for any damage arising to the Customer from the use of the services offered by Paypal.
5.2 Credit Card. The circuits accepted for payments on the site are Visa, MasterCard, American Express.
5.3 Advance Bank Transfer On the site you will find indicated in the appropriate area "payment methods" the bank details to be able to make the transfer once the purchase process is completed. It is recommended to include the order number and date in the reason for the transfer. Be Sport srl reserves the right not to process orders by Bank Transfer without there being the actual crediting of the amounts. The execution of the contract consisting in the shipment of Products or the provision of Services will take place only after the actual crediting of the amount due to the bank account.
5.4 Cash on delivery. Choosing this mode, the Customer will make payment directly upon delivery of the product exclusively by cash.
6.DELIVERY OF THE PRODUCTS
6.1 The Products are delivered to the address indicated by the Customers.
6.2 The Customers, or other persons appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are obliged to verify, at the time of delivery, that the packaging/packaging of the Products is intact, undamaged or otherwise altered.
6.3 Any damage to the packaging/packaging of the Products must be immediately challenged by the Customers by placing a written control reservation on the proof of delivery.
6.4 In the event that the carrier has been chosen by the Customer outside those proposed at the time of purchase, the risk of damage and perishment of the Products is transferred to the Customer already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what has been delivered. In the latter case, any dispute must be made directly by the Customer against the carrier.
7.LEGAL GUARANTEE OF CONFORMITY
All products marketed enjoy the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code, which covers any lack of conformity of the items purchased, existing at the time of delivery and manifested within 2 years of delivery itself. Excluded from the conformity defects and, therefore, from the legal warranty are any defects or damages caused by accidental facts or by the Customer's responsibility for use of the products not in accordance with their intended use or effect of normal wear and tear. To benefit from this warranty, the Customer must report the lack of conformity within two months of discovery, under penalty of forfeiture by communication addressed to the headquarters of Be Sport srl, accurately indicating the defects and flaws found.
The Customer may request, at its option, the seller to repair the goods or to replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The Customer may request, at its option, an appropriate reduction in price or termination of the contract where: repair and replacement are impossible or excessively burdensome; the seller has failed to repair or replace the good within the appropriate period of time as provided for in paragraph 5 Art. 130 Consumer Code; the replacement or repair previously carried out has caused significant inconvenience to the consumer.
Shipping costs will be calculated automatically and will be indicated, separately from the Price of the Product, before Customers send the Order.
9.RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS
9.1 Customers who are "Consumers" according to the relevant definition in art. 3 D. Lgs. n. 206/2005 - i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out - have the right, pursuant to and for the purposes of art. 52 of D. Lgs. n. 206/2005 as amended by D.Lgs. 21/2014 to withdraw from the Contract without having to provide any reason within 14 days of receipt of the Products.
9.2 Customers who cannot be defined as consumers within the meaning of the aforementioned definition and in particular natural or legal persons acting for purposes related to their entrepreneurial, commercial, craft or professional activity are therefore excluded from this right.
9.3 The Right of Withdrawal can be exercised by the Consumer Customer with any explicit statement of the decision to withdraw from the contract, for example can send notice by email to email@example.com The Right of Withdrawal can also be exercised by using the withdrawal form available at the following https://www.threeface.it/pages/politiche-di-reso, but it is not mandatory.
9.4 The Customer must return the products to Be Sport srl within 14 days from the date on which he/she sent the notice of withdrawal.
The cost of the return of the Products following the exercise of the right of withdrawal will be borne by the Customer consumer pursuant to and within the limits of art. 57 Legislative Decree no. 206/2005 as amended.
9.5 If the right of withdrawal is exercised following the procedures and terms indicated in this article, Be Sport srl undertakes to refund all Payments received from the Customer consumer as soon as possible and in any case within 14 days from the date of receipt of the notice of withdrawal. Unless the Customer expressly indicates a different method of reimbursement, Be Sport srl will use the same means of payment used by the Customer, at no cost to the latter.
9.6 Be Sport srl may withhold the refund until it has received the Product or until the Customer has provided proof of return, whichever occurs first.
It should be noted that all Payments made to Be Sport srl including any original shipping costs will be refunded to the Customer consumer. Regarding the latter, pursuant to art. 56 paragraph 2 Legislative Decree no. 206/2005 as amendedBe Sport srl is not obliged to reimburse additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the professional.
9.7 If Customers exercise the right of withdrawal in a manner that does not comply with the terms and conditions set forth in this article, Customers shall not be entitled to a refund of payments made to Be Sport srl.
9.8 The Customer consumer will be responsible only for the decrease in the value of the Product resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product itself.
9.9 It is excluded the exercise of the right of withdrawal in the cases referred to in art. 59 D.Lgs. n.206/2005 and subsequent amendments.
By way of example and not exhaustive we indicate the following hypotheses in which the right of withdrawal referred to in the said article is excluded:
the supply of goods made to measure or clearly customized;
the supply of audio or video products or computer software on CD, DVD or other support, whose
packages have been opened or their seals have been removed after delivery;
the supply of goods that are likely to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery.
10.APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 The General Terms and Conditions and the Contracts are governed by Italian law and shall be construed in light thereof. Any matter relating to the Contracts shall be subject to Italian jurisdiction. In particular, pursuant to Article 66-quater of Legislative Decree 206/2005 (Consumer Code), the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein.
10.2 In the case of Customer "Consumer" for all disputes arising from this contract including those relating to its validity, interpretation, execution and termination the jurisdiction of the territory is imperatively assigned to the Judge of the place of residence or domicile of the Consumer.
11.ONLINE RESOLUTION OF DISPUTES FOR CONSUMERS
Be Sport srl informs the Consumer Customer residing in the European Union that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicially any dispute relating to and/or arising from contracts of sale of goods and services concluded online. Such platform can be used for the resolution of any dispute arising from the online contract concluded. The platform is available at the following link: http://ec.europa.eu/consumers/odr/