TERMS AND CONDITIONS OF USE
1.1 The present general conditions of online sale regulate the contract for the sale of the products offered by Fg Sport S.r.l. – with registered office in PIACENZA, VIA DIONIGI CARLI 3 – 29122 PIACENZA, TC/VAT Number 06854770960, inscribed in the Economic Administrative Register of Piacenza n.REA PC – 183153 – trough its own Internet site www.ricoo.it to the users of the SITE.
1.2 The points 5.8 and 7 of the GCS will find application only and exclusively if the CLIENT is qualifiable as “consumer” according to the art. 3, para. 1, letr. a), of the Legislative Decree 6 September 2005, n. 206, that is “the physical person who acts for purposes extraneous to the entrepreneurial o professional activity eventually made”.
2. Effectiveness and modification of the GCS
2.1 The GCS are available on the SITE to be easily read by the CLIENT before to effectuate the purchase of a PRODUCT, accepted together with the forward purchase order, memorized on his own computer and reproduced on paper support by printing of the file in which are contained (see DOWNLOAD area).
2.2 The GCS applicable to the sale of the PRODUCTS are that published in the SITE on the date of the order related to the PRODUCTS. Therefore the CLIENT will have to effectuate the operations of which above before proceeding to any purchase.
2.3 The mere tolerance or the failed notification by FG SPORT of eventual non-fulfilments of the CLIENT toward what contained in the GCS will not can be interpreted as tacit acceptance of such non-fulfilments, either as will to derogate what agreed between the parties.
3. Sale Procedure
3.1 The CLIENT that means proceeding to the purchase of the PRODUCTS must manifest such will through a request effectuated directly on the SITE where, following the procedures there indicated, will effectuate his own forward purchase order and the related payment.
3.2 Once received the purchase order emitted by the CLIENT, FG SPORT will transmit to this last one the receipt of the purchase order, containing a recapitulation of the content of the information related to the sale, and will proceed to the fulfilment of the purchase order, with the exception of what provided at the successive point 4.2.
3.2 The CONTRACT is regulated by purchase order emitted by the CLIENT, receipt of the order issued by FG SPORT and GCS.
4. Rights and obligations of FG SPORT
4.1 PRODUCTS delivery: FG SPORT, with the exception of what provided at the successive point 4.2, engages itself to deliver the PRODUCTS at its own registered office to the vector encharged of their transport to the address indicated by the CLIENT in the purchase order. FG SPORT will not be responsible for delivery errors due to inaccuracies or incompleteness in the fulfilment of the purchase order by the CLIENT, as well as of the damages suffered by the PRODUCTS successively to the delivery to the vector encharged of the transport of the same and of the delays in the delivery ascribable to this last one or to logistic problems of FG SPORT.
We realize deliveries in all the Italian territory and in the E.U. countries.
If you desire to effectuate an order on our web page from Extra E.U. countries, the CLIENT will have to contact FG SPORT by e-mail at the address email@example.com for asking information about shipment cost, delivery and payment of the ordered good.
Express courier makes the delivery; therefore the Post Office boxes can’t be accepted.
4.2 PRODUCTS unavailability: In case of failed execution of the purchase order by FG SPORT due to unavailability, also temporary, of the required PRODUCT, FG SPORT, within 30 days from the order receiving, will inform the CLIENT by email of the cancellation of the order and will provide freely, as soon as received the bank account details of the CLIENT, to the reimbursement of the price eventually already corresponded for the purchase of the PRODUCTS not more available. The unavailability of one or more of the ordered PRODUCTS will not attribute anyway to the CLIENT the right to the annulment of the totality of the order.
5. Rights and obligations of the client
5.1 The CLIENT is the sole responsible of the truth and the correctness of the information provided to FG SPORT and requested by this last through the SITE and engaged himself to communicate promptly eventual variations of the data entered.
5.2 The CLIENT, after sending the purchase orders states:
- a) to have read, understood and accepted the GCS;
- b) to be an adult, in possess of the juridical capacity to act.
5.3 The CLIENT engages himself, once completed the purchase procedure on the SITE, to provide both the save of electronic copy and the print of the CONTRACT and the GCS to the aim of their preservation, as indicated in the previous point 2.1.
5.4 Fee: the prices of the PRODUCTS are those effectively visualized on the SITE at the moment of the order issuing by the CLIENT. The prices of the products that appear on the SITE, if not differently specified, are considered including VAT. To the prices that are showed on the SITE for each of the PRODUCTS will be added the delivery charges of the same that will be duly pointed out before the purchase order issued by the CLIENT and in the receipt of confirmation of the same.
5.5 Payments: the CLIENT engages himself to effectuate the payment of the due amount in advance respect to the delivery of the PRODUCTS, using the system of payment indicated on the SITE at the moment of the sending of the purchase order.
5.6 PRODUCTS receipt: at the moment of the delivery of the PRODUCTS to the CLIENT by the vector encharged of their transport, the CLIENT will have to control, in presence of the vector:
- a) that the quantity and the typology of the PRODUCTS ordered corresponds to what indicated in the transport document;
- b) that the package used for the transport results intact, not damaged, wet or anyway altered, also only in the closing materials.
Eventual anomalies must be contested immediately to the vector at the moment of the receipt of the PRODUCTS, through their indication in the receiving note.
5.7 Assistance: For every need of assistance or complain related to the PRODUCTS purchased the CLIENT will have to contact FG SPORT to the addresses indicated in the successive point 11 of the GCS.
5.8 Warranty: FG SPORT will provide, in reference to the PRODUCTS purchased by the CLIENT, the legal warranty of conformity to the conditions and in the terms of which in the art. 128 and following of the CODE. In particular, the right rising from such warranty will be exercised to the condition that the PRODUCTS have been used correctly, with the due diligence and in the respect of the intended use and of what provided in the indications enclosed, as well as previous exhibition by the CLIENT of the receiving note received with the same and indication of the order number. The charges related to the restitution of the PRODUCTS for effect of the exercise of the warranty will be charged to FG SPORT.
5.9 ORDER CANCELLATION: FG SPORT accepts the cancellation of the order only effectuated at least 24 hours before the term expected for the sending through e-mail to the address email firstname.lastname@example.org. In the case in which the enlargement of the initial order or a change of the size of the article of the same are the reason of cancellation, the CLIENT is recommended to realize a new order before to cancel the first one, for assuring himself of the availability of the articles.
6. Use of the site
6.1 Description and visualization of the PRODUCTS: The descriptions of the PRODUCTS, the photographs and the video of presentation of the PRODUCTS as an integration of the descriptive information are exposed in the SITE to indicative title, also in consideration of the fact that the quality of the images (for example in terms of exact visualization of the colours) can depend by programs and computer instruments utilized by the CLIENT at the moment of the connexion to the SITE.
6.2 Malfunctioning: FG SPORT does not assume any responsibility in reference to the problems caused to the CLIENT by the use of the SITE and of the technologies used because they are not dependent by its own will, like, at exemplificative title:
- a) errors, delays o impossibilities in the access to the SITE by the CLIENT in occasion of the execution of the sale procedure;
- b) errors, delays o impossibilities in the receiving, by the CLIENT, of the communications effectuated by FG SPORT in reference to the sale of the PRODUCTS.
In every case, FG SPORT engages itself, for what in its own possibility, to resolve the problems that can happen and to offer the necessary assistance to the CLIENT to get a quick and satisfying solution to the above mentioned problems.
7. Return and refund policy
7.1 The CLIENT, once effectuated the purchase of the PRODUCTS, has the right to withdraw from the CONTRACT without any penalty and without specifying the reason, so as established by the art. 64 and following of the CODE, provided that the PRODUCTS to return will be intact, not used, complete of the original package and labels, as well as of the package used by FG SPORT for the shipment.
The sole proceeding by which is possible to effectuate a restitution to FG SPORT is the “EasyReturn”.
- Proceeding of restitution
All products brought in FG SPORT will be returned and reimbursed, on condition that the CLIENT communicates to FG SPORT his intention of returning the product/s purchased within the 10 working days successive to the date of delivery and if accomplishes the rest of the conditions established in this section.
FG SPORT will accept only the restitutions that accomplish the following requirements:
- The product must be in the same condition in which has been delivered and will have to keep, in the limits of the possible, its original package and label.
- The sending must be realized using the same protecting box of carton in which has been received to protect the product. In the case in which the same protecting box used for the delivery is not yet available, the CLIENT will have to return the product in a the protecting box with the aim that it will arrive in the store of FG SPORT with the maximum possible guarantee.
- It is necessary to insert inside the packet a copy of the delivery note in which the products returned and the reason of restitution are pointed out.
With the objective to make more simple for the CLIENT the proceeding of restitution and of being able to do a correct control, the CLIENT establishes as sole proceeding the “EASYRETURN”.
If the reason of the restitution is chargeable to FG SPORT (the product is faulty, it is not that you have ordered, etc.) the use of this service is free. If the reason is another (the product have been delivered correctly and without defects but they don’t satisfy), the charges of shipment are in charge to CLIENT, who can choose the vector that prefers. Such amount will be deduct from the value of the credit for the products returned.
To effectuate an “EASYRETURN”, is necessary send an e-mail within the term expected (10 days) to the address email@example.com containing: the manifestation of will of the right of withdrawal, the indication of the related product, the number of the note that has accompanied the packet and if it is desiderate the reimbursement by bank wire transfer the data referred to the own bank current account (bank, branch of reference, IBAN code, SWIFT/BIC).
FG SPORT will not assume the charges caused by the restitutions effectuated without following the steps established in the proceeding.
- Reimbursement to the CLIENT
The restitution of the products will generate a reimbursement equal to the cost of the products less the cost of the service Easyreturn.
Only in the case that the product consigned is faulty or incorrect, FG SPORT will reimburse the CLIENT also of the charges of shipment related. To the partial restitutions will correspond partial reimbursement.
FG SPORT will provide to the reimburse of the restitution according with the same system used for the payment within 30 DAYS from the confirmation of the arrive in the store of the packet returned.
The visualization of the reimbursement of the restitution of the account or credit card of the CLIENT will depend by the type of card and the bank entity. For the payments effectuated by PayPal account, the proceeding is the same of the previous case.
8. Expressed termination clause
8.1 The CONTRACT will be meant automatically resolved according with and for the effects of the art. 1456 of the Civil Code in case of inobservance, by the CLIENT, also only of one of the obligations assumed by this last one in accordance to the previous point 5 of the GCS (Rights and obligations of the CLIENT). The resolution of the CONTRACT will happen by right when FG SPORT will declare that means to make use of the present expressed termination clause.
9. Rights of intellectual and industrial property
9.1 FG SPORT informs that the SITE, as well as all the brands and distinctive signs used by FG SPORT in relation to the sale of the PRODUCTS, is protected by the rights of intellectual and industrial property applicable and that is forbidden any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they happen, of the contents of the SITE, the brands and the distinctive signs used by FG SPORT (like, to exemplificative title, works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphic, colours, functionalities and design of the SITE).
9.2 FG SPORT does not assume any responsibility about brands and other distinctive signs that appears on the PRODUCTS by it commercialised on the SITE, respect to which the CLIENT does not acquire any right due to the conclusion of the CONTRACT.
10. Protection of the personal data
10.1 FG SPORT guarantees to the CLIENT that the personal data acquired in relation to the sale of the PRODUCT will be always treated in a licit and correct manner, in the full observance of the provisions of which in the Legislative Decree 30 June 2003, n. 196.
10.2 For every information related to the treatment of the personal data please return to the paragraph “Policy on the privacy” and to the informative on the treatment of the data given by FG SPORT, according with the art. 13 of the Legislative Decree 196/2003, to the CLIENT. Please note that the CLIENT, in case of need of more clarification, will able to contact FG SPORT directly at the addresses hereinafter indicated.
11.1 For any communication it is possible contact FG SPORT to the following addresses:
FG SPORT S.r.l.
Via Dionigi Carli 3
29122 Piacenza – I
tel.: +39 348 360 2139
12. Applicable law
12.1 The applicable law to the sale of the PRODUCTS is that Italian, with particular reference to the dispositions of the CODE.
12.2 The eventual invalidity of single provisions of the CONTRACT or of the GCS will not implicate the invalidity of the whole CONTRACT or of the GCS.