- Execution of the Sale and Purchase Agreement
- Availability of the Products
- Price and shipping costs
- Placement of Orders
- Methods of payment
- Shipping and delivery of Products
- Right to Withdraw
- Flaws/defects of Products
- Product Liability
- Errors and/or inaccuracies in the On-Line Shop
- Intellectual Property
- Applicable Law
The terms and expressions listed hereunder have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
- Customer: means any subject (natural or legal person) purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
- DROP S.r.l. : means DROP S.r.l Via Sandro Pertini, 1, 63812 Montegranaro FM, La Sportiva concessionary company for the retail sale of Products through the On-Line Shop.
- Parties: jointly means DROP S.r.l. and customers.
- General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by DROP S.r.l.
- On-Line Shop: means a virtual shop, managed by DROP S.r.l. and accessible at URL https://www.lasportiva.com,through which you can purchase the products.
- Sale and Purchase Agreements: means the purchase and sale agreements for the Products concluded, pursuant to art. 3., between DROP S.r.l. and Customers through the Online Shop.
- Orders: means purchase orders for Products from Customers, in accordance with the General Conditions and following the procedure set out in art. 6.
- Order Confirmation: means the e-mail message through which DROP S.r.l. communicates to the Customers the acceptance of the Orders.
- Price: means the sale price of the Products as indicated in the Online Shop corresponding to the Products themselves.
- Products: means the products published in the On-Line Shop for the purpose of their sale.
- Profile: means the area of the On-Line Shop in which Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products ordered must be shipped and delivered; (ii) view the previous Orders; (iii) access any other specific function relating to their activity in the Online Store.
2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.
2.2 DROP S.r.l. reserves the right to change the General Conditions at any time without notice, it being understood that those published in the Online Shop at the time the Orders are placed by the Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In case of conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the General Conditions will be applied.
- Execution of Sale and Purchase Agreement
3.1 DROP undertakes to send the Order Confirmation to the Customers within 2 working days of receipt of the Orders from the Customers. In the same period of time, DROP may deny or revoke an Order Confirmation if it reports a Price of an incorrect amount (even if this amount is actually indicated in the Shop) with respect to the Price List practiced by DROP, as specified in the following point 5.1.
3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties at the time the Order Confirmation is sent to the Customer. If the Customers do not receive the Order Confirmation within the deadline indicated in art. 3.1, they can contact the Customer Service for further clarifications.
3.3 By placing and completing the Orders, Customers declare that they have read all the instructions relating to how to purchase the Products referred to in art. 6 and to have fully accepted these General Conditions as well as having read all the additional information contained in the On-Line Shop, also recalled via links. 3.4 Orders will be filed in the database of the On-Line Shop, according to the procedures and in compliance with the provisions of Legislative Decree 10 August 2018, n. 101 and will be accessible by contacting DROP S.r.l. to the references referred to in art. 16 or by accessing the Profile.
- Availability of the Products
4.1 The correspondence of each Product published in the On-Line Shop, DROP S.r.l. indicates whether the same:
(i) is available in its warehouses;
(ii) it is not available in its warehouses;
(iii) is available “on request” (special items);
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time and the Customers, by accepting these conditions, agree that this does not entail any liability on the part of DROP S.r.l. towards the customer for any variation of availability or non-availability of the products.
4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" pursuant to art. 4.1 (ii) cannot be ordered by Customers. In case of unexpected unavailability of a Product indicated as available at the time the Order is placed by a Customer, DROP, without prejudice to the provisions of art. 3.2, undertakes to indicate to this Customer, in a subsequent communication by e-mail, the methods and indicative times of replacement and / or refund.
4.4 DROP S.r.l. reserves the right not to indicate the availability of some products published in the online store.
- Price and shipping costs; taxes and duties
5.1 The Price is expressed in € (Euro), except for countries with different foreign currencies or at the sole discretion of DROP S.r.l. The applicable Price is the one published on the Online Shop at the time the Orders are placed by the Customers. The Customer must do everything in his ability to ensure that he is aware of the currency used in the transaction, and DROP S.r.l. will not be held responsible for any loss or damage due to the use of a different exchange rate.
5.2 The Price is inclusive of VAT in the applicable percentage and according to the legislation. If the Products are shipped by DROP S.r.l and delivered outside the European Union, the Price is exclusive of VAT.
5.3 The Price does not include shipping costs. DROP S.r.l. reserves the right to ask Customers for a contribution for the shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination.
5.4 The contribution requested by DROP S.r.l. for shipping costs, it is indicated, separately from the Price, before the Order is sent by the Customers and will be paid by the Customers together and at the same time as the payment of the Price in accordance with the procedures set out in art. 7.
5.5 Any taxes, duties, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge. of delivery.
- Placement of the Orders
6.1 In order to proceed with placing the Orders, Customers can register in the Online Shop by entering all the "mandatory" data and choosing a password to send the Orders and to access, even at a later time, their Profile.
6.2 Customers can purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and inserting them in the "cart". Having verified the correctness of the data relating to the chosen Product / s and the "sending information", Customers must choose the payment method referred to in art. 7. Customer must ensure that his login details are not disclosed to third parties. DROP S.r.l. will not be held responsible if third parties are able to access the customer's account using the correct "login" data.
- Methods of payment
7.1 Customers can pay the Price and the contribution for the shipping costs referred to in art. 5 by credit card, PayPal, bank transfer or other means of payment that may be indicated by DROP S.r.l. in the Online Shop. DROP S.r.l. reserves the right to vary, at any time, the means of payment that can be used by the Customers, it being understood that those published in the On-Line shop will be considered usable at the time the Orders are placed by the Customers.
7.2 In case of payment by credit card, the Customer will be charged the Price and the contribution for the shipping costs referred to in art. 5 occurs, once the credit card data has been verified and the authorization for the debit from the company issuing the credit card used by the Customers has been received, together with the sending by DROP S.r.l. of the Order Confirmation. The credit card data sent during the execution of the Orders are protected and are sent directly to the Payment Service Provider that manages the payments. Drop srl has no access to credit card details, so any other third parties. We confirm no access at the placing order step, neither afterwards.
7.3 In case of payment by bank transfer, Customers must make the transfer to the bank details indicated in the Online Shop, indicating the order number (including initial letters) communicated by DROP S.r.l. at the time of sending the Order by the Customers and in the Order Confirmation.
7.4 DROP S.r.l. will send a regular tax receipt by e-mail when the order will be shipped to the customer, if requested. For the purposes of issuing the tax receipt, the information provided by the Customers is valid. No variation of the tax receipt will be possible after its issue by DROP S.r.l.
7.5 The information received by DROP S.r.l pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the refund procedures in case of exercising the right of withdrawal pursuant to art. 9. by the Customers.
- Shipping and delivery of the Products
8.1 Given that for the "shipment" of the Products by DROP S.r.l. it means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, DROP S.r.l. is not required to ship the Products until it has received payment of the Price; once the payment of the Price has been received, DROP S.r.l. agrees that the Products will be collected by couriers at the warehouses:
- within 3 working days of receipt of the debit authorization notice pursuant to art. 7.2 in case of payment by credit card;
- within 3 working days from the moment it was made available to DROP S.r.l. payment information in case of payment by means other than credit card;
8.2 DROP S.r.l. agrees that the shipment of the Products, in the States indicated in the On-Line Shop, will take place via express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped by DROP S.r.l., and delivered by the courier selected by DROP S.r.l., to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or to a different address indicated at the time of sending the Order.
8.3 DROP S.r.l. agrees that everything in its power will be done to ensure that the Products shipped pursuant to Articles 8.1 and 8.2 are delivered by selected couriers: - in Italy within 2/3 working days;
- outside Italy within 7/8 working days.
DROP S.r.l. assumes no responsibility for the delay in delivery of any product.
8.4 The terms of delivery referred to in art. 8.3, cannot, in any case, be considered binding and DROP S.r.l. , not being able to directly control the deliveries of the Products after their shipment, can not be held responsible in any way for their non-compliance.
8.5 Customers can check the information relating to their orders and the processing status by going to the "My orders" section of their account.
8.6 The order can be tracked by customers only after the shipment of the Products and using the tracking data communicated by DROP S.r.l. by email.
8.7 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 required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier transport document (DDT) both in terms of number and type;
(ii) the packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.
8.8 Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery by the courier. It is understood that, once the courier's document has been signed without any dispute, the Customers can no longer raise any objection to DROP S.r.l. with reference to the external characteristics of what was delivered.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must affix a signature to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.
- Right to withdraw
9.1 If Customers are "consumers" (a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 14 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by the Customers by sending DROP S.r.l. a written communication, by e-mail to the address referred to in art. 16., containing:
(i) the manifestation of the will to exercise the right of withdrawal;
(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case of exercise by the Customers of the right of withdrawal referred to in this art. 9 .:
(i) Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;
(ii) all costs associated with the return of the Products are entirely borne by the Customers;
(iii) DROP S.r.l undertakes to reimburse the Price as quickly as possible, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging / packaging of the Products is also returned and the same is intact;
- any accessories, instruction manuals etc. are also returned and they are intact;
- the Products have not been used;
(iv) will communicate to the Customers how to reimburse the Price and may, for this purpose, ask the Customers for their bank details (IBAN and account holder).
9.3 If the Customers exercise the right of withdrawal in a way that does not comply with the methods and terms referred to in this article 9, the Customers are not entitled to a refund of the Price.
- Products' flaws / defects
10.1 If the Products have a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.
10.2 "Consumers" customers (as defined in art. 9.1) may request the seller, within the period referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided for by the Consumer Code for the lack of conformity of the Products existing at the time of delivery of the goods.
- Product liability
The manufacturer of the Products is the subject responsible for any damage caused by defects in the Products themselves.
DROP S.r.l. declares and guarantees that the personal data of customers will be treated in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. Details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2.
- Errors and inaccuracies in the On-Line Shop
13.1 DROP S.r.l. agrees that the On-Line Shop be checked regularly in order to avoid possible errors or inaccuracies. However, it is possible that the On-Line Shop contains, or may over time contain, errors, inaccuracies or omissions.
13.2 DROP S.r.l. therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.
- Intellectual Property
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of DROP S.r.l. and / or La Sportiva. The On-Line Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of La Sportiva.
- Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 governs distance contracts - and by Legislative Decree 70 of 09 / 04/2003 on electronic commerce) and in the light of this they must be interpreted.
15.2 For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Fermo court will have exclusive jurisdiction "except for" consumer "Customers, who may activate a compliant out-of-court dispute resolution procedure with the requirements set out in Articles 141 and ss. of Legislative Decree 206 of 06/09/2005.
For further information and assistance on the On-Line Shop or on how to purchase on the On-Line Shop or on Sale and Purchase Agreements, Customers can contact DROP S.r.l. through our customer service