Before proceeding with the purchase on www.qualitysport.com we invite you to read the present general terms and conditions. The following conditions shall be considered accepted whenever you concluded a purchase. The present conditions govern the relationship between:
- the seller Top Sport Srl a socio unico, P. IVA 03775980729, phone number +39 0806977167 e-mail firstname.lastname@example.org with legal headquarters in Casamassima (Ba), SS 100 KM 17,500 c/o il Baricentro Lotto 20/B MO. 4-5-6, Italy (hereinafter the "Company")
- the buyer (hereinafter referred to as "Customer") that make purchases online on the website www.qualitysport.com (hereinafter, the "Site"), and states that he is acting in the capacity of a consumer - natural person, for purposes unrelated to any commercial, entrepreneurial or professional activity – and is of legal age.
These conditions are dictated in accordance to the provisions of Part III, Title III, Chapter I, of the Code of
Consumption, the D. lgs. no. 206/2005 and subsequent amendments in the matter of electronic commerce.
ARTICLE 1 - Object of the contract
With the present general conditions of sale the Company sells and the Customer buys remotely movable property offered on the Site.
ARTICLE 2 – Acceptance of general conditions
The Customer agrees to review, before the confirmation of the order, these general conditions of sale and is required to accept during the purchase process. The link to these terms is available in the footer of every page of the Website and during the purchase process, so that the Customer can save a copy of it.
ARTICLE 3 - Conclusion and effectiveness of agreement
By filling in the electronic order form on the Website, the Customer sends a purchasing proposal to the Company.
The contract of sale is concluded only when the Company sends the Customer a confirmation email of the order that contains the following data: indication of the Customer, delivery address, order number, price, goods, delivery costs.
The Customer is obliged to check the correctness of the data contained in the e-mail and to immediately notify the Company of any errors.
Before sending confirmation of the order, the Company reserves the right to ask the Customer, via e-mail, additional information with reference to the purchase made on the Site or not to give course to an acquisition proposal, always informing the Customer via e-mail, if the data appear to be complete or correct or the Customer is not qualified as a consumer as a natural person, for purposes unrelated to his trade, business or profession.
In the latter case, the order will be adjusted, the price, if paid, be refunded and the customer is informed in the shortest possible time.
ARTICLE 4 - Availability of products
The availability indicated on the site should be considered indicative given that the presence of more users can determine the sales of the product before the dispatch of the order confirmation.
In addition, the product may not be available even after sending the e-mail of confirmation of order.
In this case, the order will be adjusted, the price refunded, and the customer informed in the shortest possible time.
ARTICLE 5 – Description and representation of the products
The product page contains the main characteristics of each product sold on the Site and to these the Customer should refer.
The Company describes the products in a manner more conforming to the reality as possible and on the basis of the information provided by the respective manufacturers. But there may be errors, inaccuracies or differences, also in consideration of the peculiarity of the products sold.
The photographs on the site do not constitute a contractual element and are representative only. In addition, the particular conditions in which are portraits of the products (light, position, angle) as well as the characteristics of the instrument used to acquire the images may affect the perception of the product.
ARTICLE 6 – Prices and shipping costs
The prices indicated on the Site are expressed in Euro and are inclusive of VAT as per law.
The costs of shipping and the estimated delivery times are calculated in this way:
- COUNTRY: ITALY
1-2 BUSINESS DAYS
PRICE: € 5,99 FOR ORDERS OF LESS THAN 29 EURO
- 2-3 WORKING DAYS
PRICE: € 4.99 FOR ORDERS LESS THAN 29 EURO
IN the ISLANDS AND CAP DISADVANTAGED (according to the list of our couriers) THE DELIVERY TIME MAY NEED FURTHER 24/48 HOURS
- WITHDRAWAL AT HOME AT:
QUALITY SPORTS STRONG - RETAIL PARK AUCHAN - CASAMASSIMA, BARI
QUALITY SPORTS BARI, VIA PUTIGNANI 21 – BARI
DELIVERY TIMES: The withdrawal may be made from the day following the order. The goods can be withdrawn within 7 business days from the order. Otherwise, the order will be cancelled and refunded to the customer.
If due to a technical error, data processing or other causes not foreseeable, the order carries a price that appear to be totally in excess or in defect with respect to the market value of the asset, the Company may cancel the order and refund within 14 days, the amount paid by the Customer.
ARTICLE 7 - payment methods
The Company, for purchases made on the Website, accepts the following payment methods:
- PayPal. In the case of payments through PayPal account, data compilation and confirmation of the payment will be made, in safety, on site PayPal.com PayPal Europe S. à r.l. et Cie, S. C. A), the operator that handles the online payments for the account of the Company. The Company is not in a position to know the information sent by the Customer, which will be transmitted through a protected connection directly on the site PayPal.com. The data used by the Customer and will not be stored by the Company, then, in any case, may be held liable for any fraudulent use of the same at the time of payment of products purchased.
- Bank Transfer. In the case of payment by this method, the order will be sent at the time of actual crediting of the amount on the current account of the Company (not to be taken into account the summaries of the bank transfer made through internet banking or accounting of a bank transfer). If the amount is not credited within 7 (seven) days, the order will be deemed canceled. To this end, in a partial derogation of the provisions of art. 4, the product will be ordered and therefore no longer available to third parties only at the time of the crediting of the amount on the current account of the Company. Data to prepare the transfer are the following (it is essential to enter the order number in the payment description):
Bank: Monte Paschi Siena
Name: TOP SPORT S. R. L.
IBAN code: IT31U0103041421000061100005
BIC code: PASCITM1B84
Reason: #[order number]
- Mark. In the case of payment by this method, will be applied a surcharge of € 2,50
- Credit cards and other methods through the platform, XPAY, In the case of payments with credit card or other accepted methods, the method of payment is via the platform, XPay of Nexi Payments SpA, operator who deals in payments online to the account of the Company. X-Pay is certified PCI DSS (Payment Card Industry Data Security Standard), to guarantee the greatest degree of safety. The Company is not in a position to know the information sent by the Customer, as the same is re-directed on the X-Pay platform, which manages the entire payment process, from data collection, to be forwarded to the international circuits, up to the communication of the outcome of the payment to the operator and to the owner. The data used by the Customer and will not be stored by the Company, then, in any case, may be held liable for any fraudulent use of the same at the time of payment of products purchased.
ARTICLE 8 - shipping and delivery
The Company will only accept orders to be delivered in the territories described in the art. 6.
Shipping usually starts from the warehouse of the Company within forty-eight business hours of receipt of payment and is done by courier (usually Italy by express courier BARTOLINI, NEXIVE and abroad through GLS) to the address indicated by the customer in the purchasing process.
The delivery will take place generally within the timeframe indicated in art. 6, and however within and not later than 30 days from the date of receipt by the customer of the e-mail confirmation of the order, subject to unpredictable events and or exceptional reasons not attributable to the Company.
If the first delivery attempt is not successful, the courier will make a second attempt. If the second attempt is not successful for absence of the recipient or refusal, the parcel will remain in storage at the courier depot for 5 working days. After that date, if the Customer is not enabled for the withdrawal of the package, this will be returned to the Company.
From the moment you concluded the purchase, the package will be refused if not in the case of tampering or suspected damage to the contents caused by an alteration of the parcel. Once the goods are delivered by the courier The Customer is required to check that the number of packages corresponds to what indicated in the transport document, that the package is not tampered with, damaged or altered, also in closing materials (such as tape). If at the time of delivery of the parcel, the Customer finds such anomalies (to the housing or to the content) must accept the parcel by adding the word RESERVE on the Courier's delivery note and contact the Company promptly. In the event that the parcel had been tampered with and, at the time of delivery, this had not been reported to the courier, the Customer is free from any burden and responsibility to the Society.
The Company does not assume responsibility if it is not possible to execute the order within the specified time for reasons of force majeure, caused acts of god, outages of the internet network and it services. Each product is accompanied by a receipt, unless the Customer requests is mandatory at the time of the order and indicating all the data prescribed by law, the issuance of the invoice. The invoice cannot be modified after its issuance.
ARTICLE 9 - Right of withdrawal
The Customer can withdraw from the purchase without justifying the reason within the term of 14 days from the day when the delivery happens, regardless of the fact that the delivery is received by the Customer or by a third party. If the Customer has purchased multiple goods through a single order and delivery separately, the period shall run from the receipt of the last well.
To exercise this right, the Customer may send via e-mail (email@example.com) or registered mail (address in TOP SPORT SRL A SOCIO UNICO, P. IVA 03775980729, CASAMASSIMA (BA), SS 100 KM 17,500 C/O IL BARICENTRO LOTTO 20/B MO. 4-5-6, ITALY), a communication from which it emerges explicitly the decision to withdraw from the purchase, or the model withdrawal form in Annex I, part B, D. Lgs. 21/2014 (reported below).
In any case, in the communication must be indicated: name, surname, address of consumer order number, order date, receipt date, description, and codes of the Products with respect to which it exercises the right of withdrawal, the number and the copy of the document (invoice – transport document) proving the purchase of the order in respect of which it intends to exercise the right of withdrawal.
To meet the withdrawal deadline, it is sufficient that the Customer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must also return the goods within 14 days from the day on which he sent the notice referred to in the previous point, by returning the product to TOP SPORT SRL A SOCIO UNICO, P. IVA 03775980729, CASAMASSIMA (BA), SS 100 KM 17,500 C/O IL BARICENTRO LOTTO 20/B MO. 4-5-6, ITALY, or by hand delivery to the same address during the hours of opening of the financial year.
Return shipping costs are the responsibility of the Company, while the risks of the return are the responsibility of the Customer.
If the Customer withdraws from this contract, will be refunded all payments made in favour of the Company, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay. Such refunds will be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise.
The product must be returned in the original packaging, with packaging and accessories, if any, with the identification tag attached and never removed, as well as with the tax documentation. In addition, the product must be in a state that would allow the resale (for example, shall not show signs that are not compatible with a mere test of the product). The Company reserves the right to check that the product is perfectly intact and that there is no damage or tampering, as well as to withhold the refund until we have received the goods or, at its discretion, until the consumer has demonstrated to have sent back the goods.
Pursuant to art. 59 D. Lgs. Legislative decree 206/2005 the withdrawal is excluded if the product is packaged on specifications or clearly personalised; the supply of sealed goods which are not suitable to be returned for reasons of hygiene or related to health protection and were unsealed after delivery.
ARTICLE 10 – returns Policy
In addition to the rights set out by law, the Customer may return the products purchased within 30 days from delivery, subject to the same exclusions contained to the right of withdrawal referred to in the previous point.
For eserciate the return, the Customer must necessarily:
- Send an e-mail to the address firstname.lastname@example.org with name, surname, address of consumer order number, order date, date of receipt and reason for return;
- Wait for a confirmation email with instructions for collection by our courier;
- Fill out the FORM MADE (download it here) and following the instructions;
- Insert the MODULE returned in the package to be returned.
The return of the amount paid – that will be using the same means of payment used for the initial transaction, unless expressly agreed otherwise – is subject to the following conditions:
- The return of the goods with the courier appointed by the Company and in accordance with the instructions of the withdrawal;
- The return of the goods in the packaging and any accessories, with the identification tag attached and never removed, as well as with the tax documentation;
- The return of the goods in the same condition when they were received (and therefore, by way of example, not worn, used or tampered with) and, more in general, in a state that would allow the resale (for example, will not show signs that are not compatible with a mere proof of that).
Return shipping costs are the responsibility of the Company, while the risks of the return are the responsibility of the Customer.
ARTICLE 11 - legal Guarantee of conformity
In case of receipt of products that do not conform to the orders, the Customer has the right to restore conformity of the product by repair or replacement of the product. The Customer must notify the seller of the lack of conformity within two months from the discovery and the direct action to assert defects shall expire, in each case, within the period of twenty-six months from delivery.
By way of example and cannot be considered defects of the product: otherwise the damage caused by the Customer or by third parties during the use of the asset (such as spots, cuts, burns), damage caused from incorrect washing, breakage of the hinges to the jam mechanic.
To exercise this right, the Customer can send it - via e-mail or registered mail to the addresses of the Seller indicated in the top of the Conditions - a communication from which emerges the exercise of the right.
In any case, the Client has to prove the delivery of the product by showing the sales receipt or purchase invoice, or other documents from which it emerges clearly the date of execution of the purchase and date of delivery.
ARTICLE 12 - Guarantee by the manufacturer
All of the products on the Site shall benefit of a commercial warranty of the manufacturer. The manufacturer's warranty will be sent, where required, in conjunction with the product and it is the responsibility of the customer to keep it, together with the tax document.
ARTICLE 13 – Nullity of clauses
The invalidity or unenforceability of any provision of these terms and conditions, does not extend to other agreements.
ARTICLE 14 - applicable Law and disputes
The present General Conditions of Sale are subject to Italian law.
Any dispute shall be referred to the exclusive jurisdiction of the courts of the place of residence or domicile of the Customer, if located in the territory of the State. If, instead, the Customer has residence or domicile in a territory other than the Italian state, the competent court will be exclusively the court of Bari.
Pursuant to art. 14 of the EU Regulation 2013/542, the Customer is made aware that it is possible to use, optionally, to the mediation procedures for the resolution of any disputes arising from the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr.
In any case, without prejudice to the application of the provisions possibly more favourable mandatory provided for by the law of the country in which the Customer has his habitual residence.
ARTICLE 15 – Protection of personal data
With regard to the requirements prescribed by the EU Regulation 2016/679, the general Regulation on the protection of personal data, please refer to the notices posted on the Site, whose links are also listed on the footer of each page.
ARTICLE 16 - Modification of conditions
These conditions may be subject to changes, and the date of publication of the same on the site is equivalent to the date of entry into force.
ANNEX A – Form type of withdrawal pursuant to art.49, paragraph 1, letter h)
Hereby I/we (*) we notify the withdrawal from my/our (*) contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
The name of the/consumer(s)
The address of the/consumer(s)
Signature of/consumer(s) (only if this form is notified in paper)
The conditions are updated to the 13/05/2019 (Rev. 00)