Sessantallora Online Shop Terms and Conditions
Definitions
Customer: any person, whether or not they have completed the registration process, who purchases one or more products through the Site, whether consumer (“Consumer Customer”) or professional (“Professional Customer”).
Sessantallora: the online sales store, published on the website www.sessantallora.com, called “Sessantallora Shop On Line” and managed by Sessantallora S.r.l. with registered office in Carpi (MO), Viale Industria 91, registered with the Registrar of Companies of Modena, registration number, Tax Code and VAT No. 03438410361, telephone: + 39 059 8637199, email: info@sessantallora.com.
Website: the website www.sessantallora.com.
Regulations applicable to the contract of sale concluded on Sessantallora Shop On Line
Sessantallora S.r.l. will act as the selling party of all products and services that the Customer chooses to purchase through the Site and receive at home. The sale and purchase of products and provision of Services purchased through the Site is governed by these general terms and conditions as well as, to the extent applicable, by the provisions of the Consumer Code and Legislative Decree No. 70/2003 and the provisions of the Civil Code, to the extent not provided for herein.
The Site, which contains the list of Sessantallora outlets and Affiliated outlets under the Sessantallora sign, allows the Customer the right to choose and purchase products that, depending on the buyer’s preferences, may be delivered to the address indicated during the completion of the purchase procedure, or picked up at one of the outlets of Sessantallora S.r.l.
Purchase order and conclusion of contract
The offer of products that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site will be worth a contractual proposal to purchase, subject to confirmation and/or acceptance by Sessantallora as described below.
The characteristics of the products and services offered on the Site are described in the appropriate information sheets posted on the Site. We encourage you to read them carefully and to consider that certain products, even if they are on the Site, may not be always or immediately available. The information sheet for each product clearly indicates whether or not the selected product is available.
Upon receipt of the purchase proposal from the Customer Sessantallora S.r.l., after positively verifying the regularity of the order and the actual availability of the product, will send the Customer an e-mail confirmation of the order which will be valid as also as a confirmation of acceptance and will result in the completion of the contract of sale.
Sessantallora S.r.l. will in any case inform the Customer by email of any negative outcome of the verifications.
Prices, product features, and sizes
The product data sheets on the Site, containing descriptions of the specifications and features of each product, are written directly by the manufacturer of each product and/or component. Sessantallora S.r.l. assumes no responsibility for any errors in the data sheets and / or inaccuracies and / or flaws in the correspondence between the descriptions of the products and the actual functions and characteristics of the products themselves; the images and photos used to accompany each product description sheet are merely indicative and may not be perfectly representative of the characteristics of the product itself, as it may differ in color, size or accessories not present in the image and photos used to accompany it.
The purchase by the Customer of products published in the appropriate section “offer” or expressly indicated as “on limited offer” (or synonyms) may be subject to special limitations and conditions for which please refer to what is specifically reported on the Site.
The prices of the products offered on the Site are inclusive of VAT, while they do not include any transportation costs and/or other additional services that may be requested by the Customer.
The price of the products illustrated on the Site in the relevant data sheets is the one in effect at the time the Customer sends the purchase proposal, as viewable by the Customer on the Site at the time of product selection, as well as within the proposal itself. Notwithstanding all the foregoing, Sessantallora S.r.l. reserves the right to change at any time, at its sole discretion and without notice, the price of products and services from time to time on the Site, without therefore providing any guarantee that the sale price of products or services will remain available on the Site or unchanged for a certain period of time.
Once you have found within the assortment of Sessantallora the desired product, it is important to choose the size carefully, for aesthetic reasons, but also and above all for functional reasons, in order to obtain the best possible performance during sports activities.
In the tab of each product you can select the size: next to the main image you will find a list of all the sizes available in our online shop; on the Site there is a filter by product sizes, so you can pre-select only the products of actual interest.
The size shown is the one communicated by the manufacturer, which means that there may be slight differences between products of different brands. Sessantallora S.r.l. provides “size tables” on the Site that allow you to check the correspondence between European, American and standard sizes.
Payment
Products purchased by the Customer through the Site may be paid for alternately, with:
- Credit Card;
- PayPal;
- Bank Transfer;
Payment must be made by the Customer at the time of placing the order, and specifically:
- if the Customer chooses to purchase through the payment methods “Credit Card” and “PayPal”, at the conclusion of the order the Customer will be directed to the login page of PayPal and the payment will be handled according to the rules governing this service, according to the conditions applied by PayPal itself;
- if the Customer chooses to purchase through the payment method “Bank Transfer”, Sessantallora S.r.l. will proceed with the execution of the order only after the final crediting of the price on their bank account, reserving the right to suspend the execution of proposals already confirmed in case of anomalies or irregularities in payment.
Sessantallora S.r.l. reserves the right to suspend the execution of proposals already confirmed in case of anomalies or irregularities in payment. In this case, Sessantallora S.r.l. will have the right to ask the Customer for information or additional documentation: in the absence of what has been requested, Sessantallora S.r.l. may terminate any contract already concluded, without this giving any right to the Customer to claim damages or assert other claims.
At no time during the payment process is Sessantallora S.r.l. able to know the Customer’s credit card information, credit card numbers or financial, asset and personal information. The payment order is, in fact, transmitted – via a secure connection – directly to the portal of the bank or finance company expressly indicated, at the time of the Customer’s confirmation.
Sessantallora S.r.l. in no case is responsible and cannot be held liable for any fraudulent and illegal use of credit cards that may be made by third parties during the procedure of purchase and payment of products.
Invoicing of fees
For each order placed on Sessantallora, a regular invoice is issued in the name of the person or company indicated in the order phase available to the customer on the reserved area of the Inland Revenue Agency, to which the tax document is sent by means of the SDI (Sistema Di Interscambio). The copy, which is not valid for tax purposes, of the invoice is sent via email the day after the ordered items are shipped.
Payment Security
By shopping at Sessantallora.com, Customer data is absolutely safe.
In the case of payments made online, the data provided by the Customer is transmitted in secure ways that prevent others from reading it and all the information provided is used in accordance with European Regulation 2016/679, exclusively to complete the order, payment and shipping and the email address provided during the purchase process is not under any circumstances used to send messages, emails or commercial information, unless explicit consent to receive our periodic newsletter.
Verification of products by the Customer
The Customer, upon receipt of the products ordered, is required to verify:
(a) that the number of packages being delivered corresponds to the number indicated on the transport document;
(b) that the packaging is intact;
(c) that the delivered product conforms to the purchase order.
Shipping costs
Shipping costs on Sessantallora are free throughout Italy (peninsula, islands and the Vatican State included), for orders of € 100.00 or more, except as specified below for the purchase of bicycles and/or wheels, while for orders of less than € 99.00 shipping costs are € 8.00.
For bicycles, wheels and rollers, which require special care in packaging in order to ensure the integrity of the products, the shipping costs, which are in any case borne by the Customer, amount in a fixed amount to:
- € 50.00 for each bicycle;
- € 30.00 for each wheel, if purchased individually, or for each pair of wheels if purchased together;
- € 50.00 for each roller.
Lack of availability of a product
Sessantallora S.r.l. is committed to doing everything possible to the satisfaction of its Customers and to the speedy and efficient processing of orders sent through the Site. However, it may exceptionally happen that a product indicated as “available” and for which the Customer has made the payment at the time of sending the order, is no longer available at the time of acceptance of the purchase proposal by Sessantallora S.r.l. In this case, Sessantallora S.r.l. will immediately notify by email the Customer, who may decide to cancel the purchase order – thus receiving back from Sessantallora S.r.l. the amount already paid through the same payment channel – or modify its purchase order: in the latter case, any difference in price, more or less, will be settled, respectively, by the Customer or by Sessantallora S.r.l, using the same payment channel chosen by the Customer for the original order.
Legal Warranty of Conformity
All products purchased through the Site carry the legal warranty of conformity under the Consumer Code and the Civil Code, as applicable.
Products purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of his entrepreneurial, commercial, artisan or professional activity, or an intermediary thereof) are covered by the warranty for defects pursuant to art. 1490 et seq. of the Italian Civil Code; the Professional Customer’s action to enforce the warranty for defects is time-barred after 1 (one) year from the delivery of the purchased product and the relevant defects must be reported within the terms set forth in art. 1495 of the Italian Civil Code.
Products purchased by a Consumer Customer, on the other hand, benefit – free of charge – from the legal guarantee of conformity (“Legal Warranty”) provided for in Articles 128 et seq. of the Consumer Code.
The Seller’s Legal Warranty applies to new products, for conformity defects that manifest themselves within 24 months from the date of delivery, and to used products, for only conformity defects not arising from the normal use of the thing and taking into account the time of the previous use that manifest themselves within 12 months from the date of delivery, ok and that, in any case, are reported by the consumer within 2 months from the date of discovery of the defects themselves, in accordance with Article 132 of the Consumer Code. In any case, the Consumer Customer will remain the owner of the rights arising from the Legal Warranty described above, regardless of whether he subscribes to other conventional, free or paid warranties.
In the event of the existence of a lack of conformity, the Consumer Customer may request, at its option, the repair of the product or its replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the other in accordance with the provisions of Article 130 paragraph 4 of the Consumer Code: a lack of conformity of minor importance for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not entitle the Customer Consumer to terminate the contract.
Legal Warranty Exclusion Cases
Instead, the Legal Warranty will be excluded, in accordance with applicable law, if:
- the products have been repaired or altered by persons other than the manufacturer, Sessantallora S.r.l. or any other authorized party; and/or
- the lack of conformity of the product(s) has manifested itself beyond the period of 2 (two) years from the delivery of the product(s) and/or the relevant request for repair or replacement of the defective product(s) has been sent after 2 (two) months from the discovery of the defect; and/or
- the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, performed by persons other than the manufacturer, Sessantallora S.r.l. or any other authorized person – or failure to comply with the instructions provided by the manufacturer or other instruction provided by Sessantallora S.r.l. together with the delivered products; and/or
- at the time of the conclusion of the contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and/or
- the lack of conformity results from failure to comply with the instructions accompanying the product or materials supplied by the Consumer Customer.
Ways to activate the Legal Warranty
The Legal Warranty must be asserted directly against Sessantallora S.r.l, in the case of the sale of products purchased through the Site, with home delivery. The Customer may enforce the Legal Warranty by sending its complaint of defects and/or faults by email to info@sessantallora.com or by registered mail with return receipt to the headquarters of Sessantallora S.r.l., Viale Industria 91, 41042 Carpi (MO).
In the event that The Customer has chosen to pick up and purchase the products at one of Sessantallora’s points of sale and/or at one of the affiliated points of sale indicated on the Site, the warranty may be asserted exclusively against the manager of the point of sale, whether Sessantallora S.r.l. or another affiliated third party, depending on who will have acted as seller of the defective products, as indicated on the sales receipt and/or purchase invoice issued by the point of sale at the time of purchase.
Consumer Customer’s right of withdrawal
Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within the term of 14 (fourteen) days from the receipt of the product at his domicile without any penalty and without having to provide any reason. In the case of separate delivery of several products, ordered by the Consumer Customer with a single order, the term of 14 (fourteen) days for the exercise of the right of withdrawal starts from the day on which the last good is delivered.
The Consumer Customer must communicate the intention to withdraw from the contract, alternatively, by filling out and sending the standard form in accordance with Annex B of Legislative Decree 21/2014 available in pdf version at this link or, in any case, by sending any other written statement expressing the intention to withdraw from the contract, in one of the following ways:
- by e-mail to info@sessantallora.com;
- by registered letter with return receipt to the address SESSANTALLORA Srl, Viale Industria, 91 41042 Carpi (MO).
Sessantallora will confirm to the Consumer Customer without delay, via e-mail to the e-mail address communicated during the purchase procedure on the Site, the receipt of the declaration of withdrawal exercised and will provide the Customer with instructions to proceed with the return of the relevant product(s).
In accordance with the provisions of Article 59(c) and (d) of the Consumer Code, the Consumer Customer may not exercise the right of withdrawal for products that are custom-made or clearly personalized or that are likely to deteriorate or alter rapidly. The right of withdrawal also does not apply either to audiovisual products and computer software products originally sealed and opened by the consumer, or to sealed goods that are not suitable for return for hygienic or health protection reasons that have been opened after delivery.
Regarding the condition of the goods, they must be in a normal state of preservation. The Consumer Customer shall be liable for the decrease in value of the goods resulting from handling other than “normal” and necessary to verify the nature, characteristics and functioning of the goods.
The products for which the right of withdrawal is exercised must be returned within 14 days from the day on which the Customer Consumer communicated the desire to withdraw, substantially intact, in their original packaging, complete with accessories and any manuals, without any lack, to the following address: Sessantallora S.r.l., Viale Industria, 91 41042 Carpi (MO). Transportation costs for the return of the products shall be borne by the Customer, as provided for in Article 57, paragraph 1, of the Consumer Code.
Sessantallora will refund the price paid by the Customer Consumer within 14 days of receipt of the returned products and after checking the status of the same, using the same method of payment used by the Customer Consumer at the time of purchase. The time for crediting the amount paid will be those applied by the payment circuit used by the Customer when ordering the product.
The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to sales contracts concluded with Professional Customers.
Size Changes
Sessantallora makes available to the customer, the possibility of performing size changes, in case the purchased product turns out to be of a size not congenial to the customer. In this case, always respecting the time frame of 14 days from the receipt of the product, the customer must contact the store ( by e-mail or telephone) to communicate the need for the size change. The store will check if the product is available and if available, a size change can be made. Shipping costs from the customer to Sessantallora are the responsibility of the customer, as well as the costs for shipping the new product in a different size ( rates for each merchandise category are shown on our site by product type). The replacement item will be shipped when the product to be returned has arrived at our address.
Modifications and partial invalidity
Sessantallora reserves the right to make, at any time and at its sole discretion, any changes, additions and/or updates to the extent deemed necessary and/or, simply, appropriate to the Site, the content, programs and/or other materials contained therein and/or available through the Site itself (including these Terms and Conditions).
Any changes and/or updates made as aforesaid shall not affect any contracts already entered into with Customers prior to the implementation of such change or update.
In the event that one or more of the clauses contained in these General Conditions of Sale and/or in the contract of sale concluded through the Shop On Line of Sessantallora should be deemed null or affected by nullity, such defect shall not determine the invalidity of the remaining clauses, nor of these General Conditions of Sale and/or the contract of sale concluded through the Shop On Line of Sessantallora as a whole.
Communications, contacts and complaints
Any requests, communications and/or complaints regarding your orders, these general conditions or, in general, any contract concluded with Sessantallora through the Site may be sent by email to the following address: info@sessantallora.com, or by mail to the following address: Sessantallora S.r.l., Viale Industria, 91 41042 Carpi (MO).
Applicable Law, Disputes and Jurisdiction
The contract of sale concluded through Sessantallora’s Shop on Line is governed by Italian law.
For any dispute relating to the validity, effectiveness, interpretation or execution of each contract as well as, in general, relating to navigation on the Site by the Professional Customer or to the use of any functionality made available to the Professional Customer through the Site, the Court of Modena shall have exclusive jurisdiction, to the exclusion of any other competing Court.
For any dispute relating to the validity, effectiveness, interpretation or execution of each contract as well as, in general, relating to navigation on the Site by the Consumer Client or to the use of any functionality made available to the same Consumer Client through the Site, the Court of residence of the latter shall have exclusive jurisdiction.
Online Dispute Resolution for Consumers
The European resident consumer should be aware 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 non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following link(http://ec.europa.eu/consumers/odr/).
The Holder is available to answer any questions forwarded by email to the email address published herein.