Terms of service
CONDITIONS OF SALE
ART. 1) SUBJECT
These General Conditions have as their object the sale of products carried out remotely via the telematic network on the website www.podhio.it belonging to the PODHIO SPORT GROUP s.a.s. based in Italy, in Via Charta '77, n ° 16 - 50018 - SCANDICCI (FI), registered in the Florence Company Register no. 06851690484 Tax Code and VAT number 06851690484. The products purchased on the website www.podhio.it are sold directly by PODHIO SPORT GROUP s.a.s. These purchases are reserved for direct user customers, with the exception of subjects such as merchants, wholesalers, retailers, professionals, etc. who intend to resell the related products to third parties. The PODHIO SPORT GROUP s.a.s. reserves the right to modify these General Conditions at any time by giving prior notice to the Customer on the Site on the occasion of the first access following the modification of the General Conditions. Any contractual and extra-contractual liability of PODHIO SPORT GROUP s.a.s. is excluded. for direct or indirect damage to people and / or things, caused by the non-acceptance, even partial, of an order by PODHIO SPORT GROUP s.a.s. .
ART. 2) SUBJECTS
Supplier: the company PODHIO SPORT GROUP s.a.s. based in Italy, in Via Charta '77, n ° 16 - 50018 - SCANDICCI (FI), registered in the Florence Company Register no. 06851690484, Tax Code and VAT number 06851690484 (hereinafter PODHIO) Customer: the person identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions (hereinafter Customer). It is strictly forbidden for the Customer to enter false and / or invented and / or fictional names in the online ordering procedure and in further communications. PODHIO reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. Furthermore, the Customer indemnifies PODHIO from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, as the customer himself is solely responsible for the correct insertion.
ART. 3) ONLINE PURCHASE
By online sales contract we mean the distance contract, i.e. the legal transaction having as its object the sale of movable property (hereinafter Products) stipulated between PODHIO and the Customer as part of a remote sales system organized by PODHIO which, for this contract, uses remote communication technology called internet. These contracts, therefore, will be concluded directly through the Customer's access to the website corresponding to the address www.podhio.it, where, following the indicated procedures, he will conclude the contract for the purchase of the asset. For each of the products, a Technical Data Sheet is available on the Site containing the main characteristics and technical specifications of the same. It is understood that the image accompanying the Product Descriptive Technical Sheet may not be perfectly representative of its characteristics, but differ in color, size, accessory products in the figure and may vary at any time without any prior notice by PODHIO. The cards relating to the Products are, in fact, freely available. The Company declines all responsibility for any inaccuracies relating to the Product sheet, as it has a purely illustrative function. In order to complete the Product purchase procedure, the Customer must register on the Site by entering the required data in the appropriate form available on the Site and choose the personal code (password) and the identification code (User-ID) (hereinafter Identification Tools). The aforementioned data are subject to the provisions of Legislative Decree June 30, 2003 n. 196, on the subject of 'Protection of the person and other subjects regarding the processing of personal data' as indicated in the appropriate paragraph Privacy and may be modified by the Customer at any time following the procedure indicated on the Site. These data will be stored by the Company in so that, once the first purchase has been made, the Customer can use the Identification Tools chosen at the time of registration to continue with the order. Furthermore, the registered Customer will no longer have to enter their data to conclude the purchase orders subsequent to the first. The Identification Tools are personal and not transferable to third parties, they must be kept secret and, for security reasons, they must not be kept together, nor recorded on a single document. In the event that the Customer has forgotten the password and / or the User-ID chosen at the time of registration, he must follow the procedure indicated in the appropriate section of the Site to request the new tool (s) for accessing the Site. The Customer may only purchase the Products offered on the Site, at the price indicated therein, following the procedure indicated on the Site itself. Correct receipt of the order is confirmed by the Company through an e-mail reply, sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of execution of the order and a 'Customer order number', to be used in the event of any communication with PODHIO. The message will contain all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods indicated on the Site. The Company retains the possibility, before sending the order confirmation, to request further information from the Customer via e-mail with reference to the purchase order placed on the Site. In the case of online purchases from non-EEC countries, the costs associated with the payment of taxes and customs clearance fees are to be borne by PODHIO.
ART. 4) UNAVAILABILITY OF THE PRODUCTS
The momentary unavailability of the Products is indicated on the Site. In the event of unavailability of the Products ordered in the warehouse, occurring after the Customer confirms the order on the Site, PODHIO will immediately notify the e-mail address indicated by the Customer at the time of registration and will immediately reverse the payment if already made.
ART. 5) ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with PODHIO, the General and payment conditions described in this document, declaring that he has read and accepted all the information provided to him, also taking note that PODHIO itself does not consider itself bound to different conditions unless previously agreed in writing.
ART. 6) SALE PRICES
Unless otherwise indicated in writing, all prices indicated are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the procedure (product sheet or order form) at the same time as the order is sent to the supplier. Prices may vary without notice and the only correct price is the one indicated at the time of order confirmation by PODHIO.
ART. 7) METHOD OF PAYMENT
The payment of the Products purchased by the Customer as well as the relative delivery costs can be made exclusively in the following way:
7.1 Credit card
In cases of purchase of Products by credit card, at the same time as the online transaction is concluded, the reference bank will only authorize the commitment of the amount relating to the order placed. The amount relating to the Products purchased will actually be charged to the Customer's credit card only upon confirmation of the order by PODHIO. If the Customer exercises the right of withdrawal following payment for the Products purchased online, PODHIO will instruct the bank to credit the amount to be refunded to the Customer's credit card. The Customer must be the holder of the valid credit card when ordering the Products purchased online. At no time during the purchase procedure, PODHIO is able to know the information relating to the customer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No PODHIO computer archive will keep such data. In no case can PODHIO therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment for Products purchased on the Site.
7.2 Advance bank transfer.
ART. 8) METHOD OF DELIVERY
The purchased products will be delivered by PODHIO to the address indicated by the Customer.
Each shipment contains:
- the products ordered;
- the relevant invoice
(only if the Customer makes an explicit request to PODHIO through the e-mail address indicated in art. 9 that follows at the same time as placing the order). PODHIO makes shipments to the customer with selected express couriers. Indicatively, without this implying any constraint for PODHIO and subject to the availability of the products as well as any causes of force majeure, the goods will be delivered by PODHIO to the courier, within two working days following acceptance of the order by PODHIO. Orders will be processed only with fully available goods. Upon receipt of the goods at home, the Customer must check the integrity of the packages and the quantitative and qualitative correspondence with the order. In the event of discrepancies and / or discrepancies, it will be the Customer's responsibility to have the courier detect and note exactly the same, under penalty of forfeiture of asserting their rights in this regard.
ART. 9) BILLING
At the explicit request of the Customer to be sent to the following e-mail address email@example.com at the same time as placing the online order, PODHIO will issue an invoice for the material sent by sending it by e-mail to the Customer in PDF format. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ART. 10) LIABILITY
PODHIO is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages not foreseeable at the date of signing of these General Conditions, suffered by the Customer or by third parties in dependence on the services rendered by the same and / or for damages of any kind or for any reason connected with the same, deriving from any non-fulfillment of its obligations, even in the event of compensation for damages claimed by third parties for any reason. The Customer expressly acknowledges that PODHIO's liability for any non- fulfillment of the services referred to in the preceding point is limited to, and cannot in any case exceed, the amounts received by the same and paid by the Customer in relation to the execution of the individual services to which responsibility refers. Any greater damage, loss, cost or expense is expressly excluded. PODHIO's liability is excluded for any inefficiencies and / or prejudices that may arise to the Customer from causes not attributable to the same or, in any case, from delays due to malfunctioning, failure or irregular transmission of information or causes beyond its own control including, without limitation, delays or drops in the system line, interruption in the operation or lack of connection of the Internet network or interruption, suspension, malfunction of the Internet access nodes, interruption, suspension or malfunction of the electronic, postal or electricity supply; from lockouts or strikes, including by its own personnel, wherever they occurred; by impediments or obstacles determined by legal provisions or by acts of national or foreign authorities; by measures or acts of a judicial nature or by third parties; from other causes not attributable to PODHIO and in general to any impediment or obstacle that cannot be overcome with ordinary diligence criteria by PODHIO in relation to the nature of the activity carried out. PODHIO has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, as well as to suspend its operation for precautionary reasons, without PODHIO being able to be held responsible for the consequences of any interruptions or suspensions. PODHIO is not responsible for any fraudulent or illegal use that may be made by third parties of the credit cards used by the Customer when purchasing the Products. In fact, at no time during the purchase procedure, PODHIO is able to know the customer's credit card number.
ART. 11) WARRANTY OF NON-CONFORMING PRODUCTS
The products purchased on the website www.podhio.it are subject to the regulations, as applicable, as per Legislative Decree 2.2.2002 n. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, to the extent not contemplated therein, with the specific provisions on the subject by the Civil Code. This guarantee will apply to the product that has conformity defects and / or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its destination and as provided in any technical documentation, in compliance with the various operating rules indicated therein. The aforementioned guarantee will not be applicable in the event of negligence or carelessness in the use and maintenance of the product. The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for dealers, resellers, etc. Any non-conformity of the products must be reported within the terms established by law and by completing the form to be requested at the following e-mail address firstname.lastname@example.org and which must be attached by the Customer when the product is returned, together with the copy of the order confirmation sent by e-mail from PODHIO (as indicated in article 3 above). The product, even if not compliant, at the time of return to PODHIO for repair or replacement must be complete with packaging and all accessories and documentation received from the customer at the time of purchase. The return of the product without the original packaging, accessories and documentation mentioned above prevents PODHIO from replacing the product itself at the manufacturer and makes replacement impossible. PODHIO reserves the right to verify the actual defect stated by the Customer and to carry out the repair or replacement only after this check. If, following verification by PODHIO, the defect does not result in a lack of conformity, the Company reserves the right to charge the Customer the costs of verification and restoration as well as the relative transport costs.
ART. 12) RIGHT OF WITHDRAWAL
Purchases made on the website www.podhio.it are governed by the Italian law on mail order sales. In the event that the customer has placed the order wrong and has received an item he did not want, he has 10 (ten) days from the delivery date to exercise the right of withdrawal, or the possibility of returning the product. Pursuant to art. 5 DL 185/1999, if the Customer is a consumer, i.e. a natural person who purchases the goods for purposes not related to his professional activity, he has the right to withdraw from the purchase contract for any reason and consequently has the right to return the purchased good and to obtain reimbursement of the expenses incurred, in compliance with the methods indicated below. The right of withdrawal is subject to the following conditions: - the law applies to the product in its entirety and not to parts or components of it; - in the case of prize operations or coupled promotional sales, in which the purchase of an asset is associated with another asset that is sold at a ridiculously low price (or given away), the right of withdrawal will be legitimately exercised with the return of both the goods being purchased (given the constraint of the accessibility of the goods being promoted with respect to the first). To exercise the right of withdrawal, the Customer, without the need to provide explanations and without any penalty, must send a communication to the email address email@example.com within 10 (ten) working days from the day of receipt of the goods in which the will to withdraw from the contract is indicated. The Customer must also fill in the form inside the package received (hereinafter the Return Request Form) and send it by registered letter with return receipt, addressed to PODHIO SPORT GROUP sas - Via Charta '77, n ° 16 - 50018 - SCANDICCI (FI) ITALY. At the same time as sending the notice of withdrawal, the Customer must take action to return the goods to PODHIO, using a courier of their choice, at PODHIO SPORT GROUP s.a.s. - Via Charta '77, n ° 16 - 50018 - SCANDICCI (FI) ITALY with attached copy of the aforementioned registered letter, together with the return request form. The goods must be returned intact and carefully packed in the original packaging, complete with all accessories. By law, the shipping costs for returning the goods are charged to the customer. In the case of multiple goods relating to the same order, in relation to which the Customer has exercised the right of withdrawal, the same must be sent to PODHIO with a single shipment. PODHIO is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. PODHIO will refund the price of the goods for which the customer has exercised the right of withdrawal, retaining the amount relating to the shipping costs incurred by the customer at the time of the order. The refund will be made on the condition that, together with the goods, the copy of the order confirmation sent by e-mail from PODHIO is returned (as indicated in Article 3 above). Without prejudice to any further damage repair costs, PODHIO will provide the corresponding reimbursement, within 30 days from the date of receipt of the returned goods by PODHIO in the manner indicated above, by crediting the amount to be reimbursed to the credit card of the Customer. The right of withdrawal automatically expires in cases where it is ascertained: - the lack of original packaging and / or packaging; - the absence of all the integral elements of the asset (accessories, tags, labels, information notes etc.); - damage to the product for reasons other than its transport; - the use of the product. In the event of forfeiture of the right of withdrawal, PODHIO will return the purchased good already in its possession to the sender, charging the shipping costs to the sender. PODHIO undertakes to bear the shipping costs for the return of Goods exclusively in the event of damage to the same due to transport or errors on the part of PODHIO. Only in these cases, PODHIO will re-credit the Customer's credit card for the full amount paid by the latter as shipping costs. PODHIO will send an express courier to collect the Goods at the address indicated by the Customer. In the event of a request for a size change, the shipping costs for the return of the Goods are charged to the Customer. After checking the availability of the goods requested for the size change, PODHIO will also supply the Goods in the sizes indicated without further increase in shipping costs for the Customer. In the case of purchases outside the EEC, the Customer is required to pay the duties relating to the customs clearance of the Goods and therefore PODHIO will not accept Goods abandoned in Customs as returns.
ART. 13) INFORMATION AND COMPLAINTS
For any request for clarification or complaint, PODHIO can be contacted at the following email address: firstname.lastname@example.org
ART. 14) COMMUNICATIONS
The Customer acknowledges and accepts that all communications, notifications, certificates, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of download the information on a durable medium in the manner and within the limits provided by the Site.
ART. 15) CANCELLATION OF ORDERS BY PODHIO
PODHIO reserves the right to cancel an order or an order item if the following circumstances occur:
- items that are reported as out of print;
- items that cannot be delivered due to particular problems;
- credit card fraud.
ART. 16) JURISDICTION AND COMPETENT COURT
This contract will be governed by Italian law. For any dispute relating to the validity, interpretation or execution of the same contract, the territorial jurisdiction is the Court of Florence.