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TERMS AND CONDITIONS

Terms & Purchasing Conditions

The website maxsportstore.com is owned by Max Sport S.n.c., with legal administrative residence in 36015 Schio (VI), Via Pasubio n. 71, VAT registration number 02021840240. Every info, support, request or complaint can be submitted to the email address info@max-sport.com or calling at 0445 521853.

This Site is only intended for business use by representatives of actual and potential customers interested in purchasing Max Sport S.n.c. products. The Site is for personal, non-commercial use only.

Online purchases are regulated by terms of sale that can be modified in every moment by Max Sport S.n.c., and will be effective from the publication on the website. By placing the order, customers accept the terms of sale present on the website in that moment.

Max Sport S.n.c. observes the norm in the field of distance selling (clause 50 and following, legislative decree n. 206, September 6, 2005), and the one concerning e-commerce (legislative decree n.70, April 9, 2003). The present general terms have to be considered as an essential and significant part of the contract.

Max Sport S.n.c. exhorts the Customer to read carefully and save/print the following terms.

 

1 Definition

 

1.1 The expression “online selling contract” refers to the trade contract regarding the material assets, goods and chattels marketed by Max Sport S.n.c., stipulated by the company and the consumer, in range of distance selling, organized by ???

 

1.2 The term “Customer" refers to the consumer as a natural person who performs the purchase for purposes unrelated to commercial or professional activity.

2 Object of the contract

 

2.1 With this contract both Max Sport S.n.c. and the Customer respectively sells and purchases online and at distance, the goods offered on the website maxsportstore.com.

 

2.2 The goods are illustrated and described on the website maxsportstore.com; the product is supplied with images that might report some variances in color, dimensions and accessories

2.3 The present general terms of sale only regulate services and sell between Max Sport S.n.c. and the Customer; the company is not responsible for services or e-commerce business deals between the client and third party.

2.4 Max Sport S.n.c. has the right to refuse orders that do not come from “customers” or that do not join its commercial policy.

 

3 Stipulation and conclusion of the contract

 

3.1 The contract between Max Sport S.n.c. and the Customer is concluded through Internet by the access of the Customer on maxsportstore.com, where, following the instructions, he will formalize the purchase of the goods ( see 2.1, 2.2).

 

3.2 The contract is concluded completing the following procedure, that can be corrected, modified and cancelled until the order is forwarded:

by accessing the website, the Customer, after signing up for the purchase, has to add the products to the cart, complete all the pages following the instructions, and send the page with his personal data and the purchase order;

in the page of the order there is a link to the present general terms of sale and the info about the ordered goods ( VAT is included in the price), the type of payment chosen, the terms of delivery, taxes for transport and delivery and the terms and conditions about the return of the goods;

before sending the order, the Customer will be required to identify and correct possible mistakes and to read carefully the general terms and conditions regarding the buy and selling, to print and save them or ask for a copy for personal use;

the order will be sent when ??? will receive the order confirmation electronically and the info will be verified as correct.

3.3 The order sent by the Client is binding for Max Sport S.n.c. only if the entire procedure is correctly completed, and only after the Client receives a confirmation email, which contains the Customer personal data, a summary of the general conditions, the final price of the goods, the chosen method of payment, the shipping charges and other taxes, the indication of the right of withdrawal and the shipping address. The Customer will verify if the info are correct and will immediately contact us at the addresses above in case of mistakes.

3.4 Placing an order the Customer declares to have read all the indications given during the purchase, and to accept all the general terms of sale.

The contract is not effective between the parts, in fault of what indicated above.

3.6 Max Sport S.n.c. might not consider the order in case of lacking of guarantees about the payment, if the orders are mistaken or incomplete or if the products are not available. In those cases, the Customer will be informed by email.

3.7 The contract stipulated between Max Sport S.n.c. and the Customer is concluded with the acceptance of the order by ??? The acceptance is to be considered implicit; otherwise it will be communicated to the Customer.

3.8 According to the clause 12 of the legislative decree n. 70, 2003, every placed order is stored digitally or on paper, in our seat, following the privacy rules. The Customer can, in every moment, ask Max Sport S.n.c. for a copy.

 

4 Method of payment

 

4.1 Every payment will be possible only through the ways specified on the website. We accept all major international credit cards and the prepaid credit cards issued by Italian banking houses: VISA, MASTERCARD and AMERICAN EXPRESS, POSTE PAY; we accept payments through PAYPAL as well.

4.2 When paying through credit card, the total price of your selected products will be debited from your bank account once your order is available and ready for the shipping. If the unavailability of a product is recorded after the order registration, the transaction related to the unavailable products will be canceled.

4.3 All the orders are scrutinized  by the banking-houses, in order to uphold the customer. If, for some reason, the charge is not possible, the purchase will be canceled and the sell will proceed following the clause n. 1456, Consumer Code. The Customer will be informed through an automatic email.

4.4 The communications about the payment take place on protected lines with all the guarantees assured by the use of safety protocols provided by the payment circuits.

 

5 Our prices

 

5.1 The selling prices on the website include VAT and only refer to the products sold online. The applied price is the one in force at the moment of the order and specified in the confirmation email; any possible variation in the price or promotion emerged later is not to be considered.

 

5.2 The shipping costs are not included in the purchase price, but are calculated after the purchase and before the payment.

5.3 The emission of the invoice is not necessary, if not required by the Customer, not after the actuation of the process (clause 22, decree n. 633, October 26, 1972). Sending the order to Max Sport S.n.c. the Customer accepts to receive the paper invoice/receipt. After the emission of the invoice any further modification won’t be possible.

 

6 Availability

 

6.1 The availability is referred to the moment of consultation of the website; it must be considered as approximate, because of the simultaneous activity of other consumer in the website that could purchase before the order confirmation. Max Sport S.n.c. is not responsible for the unavailability of goods.

 

6.2 ??? won’t be responsible for the provisional or definitive unavailability of goods. The website indicates the limitations for the purchase of single products. In case of unavailability the price won’t be charged to the Customer. If the order is already sent and the amount already paid, the sum of the unavailable goods’ prices will be refund to the Customer.

 

6.3 After receiving the confirmation email from Max Sport S.n.c. there could still be some cases of unavailability. If so, the Customer will be immediately informed and will be able to communicate to ??? whether he wants to cancel the order and be given back the amount already paid, or accept the delivery and be refund for the unavailable products.

6.4 If the previous case occurs, the Customer can choose, when sending the order, whether to accept a different supply, of the same value.

7 Delivery

 

7.1 Max Sport S.n.c. will deliver the order through pony express at the specified address, confirmed in the summary email (see 3.3).

 

7.2 The orders will be processed as soon as received. The products will be delivered within 30 days from the day after the order was received from the Customer.

7.3 The total amount will be visible before confirming the purchase.

7.4 The goods will be checked and given to the courier intact and flawless ???  is not responsible for possible delays or damages caused by the courier.

7.5 The order depends on the Customer’s will only. If the Customer refuses the order, he will be charged the shipping round costs.

7.6 We do not ship outside Italy.

 

8 Responsibilities

 

8.1 Max Sport S.n.c. is not responsible for any inefficiency caused by force majeure or Internet

malfunctioning, that might cause a delay in the order execution.

 

8.2 Max Sport S.n.c. is not responsible for any damage, loss or additional cost for the Customer derived by the lacking execution of the contract, for causes not attributed to Max Sport S.n.c.. The customer has the only right to be refund the whole amount of the price and the possible borne encumbrance.

8.3 Max Sport S.n.c. is not responsible for any wrong information or technical inaccuracy that might be present in the website.

8.4 Max Sport S.n.c. is not responsible for any possible illegal use of credit cards, checks and other ways of payment, done by third party, when demonstrating to have followed the ordinary rules.

 

9 Right of withdrawal

 

9.1 The Customer has the right of withdraw with no penalty and no need to specify the reason, within 10 working days from the day of the delivery, by sending a written communication through registered mail to the address 36015 Schio (VI), Via Pasubio n. 71. It is possible to send it also via telegram, email (info@maxsportstore.com) and fax (0445-521853), as long as it is confirmed through registered mail within the following 48 hours.

 

9.2 The communication has to specify the will to withdraw and the products to which it refers, with a copy of the receipt/invoice (and, if required, of the confirmation email). The goods has to be sent by the customer at his expense, in its original package, intact and with the relative fiscal documents, to Max Sport S.n.c..

9.3 If the previous conditions are observed, Max Sport S.n.c. will re-credit your card with the equivalent amount, within 30 days from the withdrawal. Max Sport S.n.c. has the right not to accept the return of damaged goods.

9.4 If the addressee of the order is different form the person who made the payment, the amount for the returned goods will be refunded by Max Sport S.n.c. to the person who made the payment.

9.5 In case of withdrawal, Max Sport S.n.c. is not responsible of any return transportation cost or any loss or damages of the goods caused by third party.

 

10 Warranties and after-sales service

 

10.1 Max Sport S.n.c. sells high quality products. If the Customer receives irregular products, he has no right to withdraw unless he communicates the flaw to the seller, within 2 months. Charge is not necessary if the seller identifies the existence of the flaw (clause 129 and following, Consumer Code).

 

10.2 The flaws of compliance which appears within 6 months from the delivery, might have been already present in that date, unless this hypothesis are incompatible with the disposition of the goods or the flaw.

10.3 In case of flaw, the Customer will be able to ask for the restoration or replacement of the product, a reduction of the price or the dissolution of the contract, unless the request is considered unworkable or extremely onerous for ??? ( clause 130.4, Consumer Code).

10.4 The request has to be made through registered mail, to ??? 36015 Schio (VI), Via Pasubio n.71, that will confirm the availability within 7 working days from the delivery. If the Customer request is accepted, ???  will indicate in the same communication the modality of shipment and restitution of the goods and the deadline for restitution and replacement of the damaged product.

10.5 If restoration and substitution are impossible or too onerous, or the expected deadline is expired, or if the previous substitution and restoration caused remarkable problems to the Customer, he has the right to ask for a reduction of the price or dissolution of the contract. In this case the Customer will have to send the request to ???, that will give availability or hindrance, within 7 working days from the receiving.

10.6 If the Customer request is accepted, in the same communication ??? will have to indicate the suggested reduction of the price and the modality of restitution. In these cases the Customer will provide to indicate the modality of the refund of the amount previously paid to Max Sport S.n.c..

 

11 Customer Obligations

 

1.1 The Customer contracts to pay the price of the purchased goods on time and following the general terms of sale.

 

11.2 The Customer, once the online purchase is concluded, contracts to print the general terms of sale that he has already accepted before the end of the procedure.

11.3 The Customer is the only responsible of the accuracy of the data inserted in the registration and will not insert invented or false data. ??? is not responsible for the emission of false fiscal documents.

 

12 Integrity

 

12.1 The present general terms of sale are composed by the totality of the clauses.

 

12.2 If one or more of the present general terms of sale are considered invalid by law, the other regulations will keep being effective.

 

13 Applicable Law. Jurisdiction

 

13.1 All the contractual relations between the parts and the present general terms of contract are regulated by the Italian Law.

 

13.2 Any litigation that might arise from the application, interpretation and execution of the present general terms of sale, will be judged by the magistrate of the consumer place of residence or domicile.

 

14 Final clause

 

14.1 The present contract cancels and substitutes every previous written or oral agreement and negotiation between the parts and regarding the object of this contract. 

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