Terms of use
General terms and conditions of online B2C sales of Trerè Innovation s.r.l. unipersonale
These general conditions of online B2C sales (hereinafter, "General Conditions"), applicable to transactions made through the website www.uynsports.com (hereinafter, the "Site"), govern the offer and sale promoted online by Trerè Innovation s.r.l. unipersonale, headquartered in Via Modena 18, 46041 Asola (MN), Italy, C.F. and VAT no. 01661460202, registered with the Mantua Chamber of Commerce under no. MN-173434, paid-up share capital EUR 2,700,000.00 , PEC trereinnovation@legalmail.it, in the person of its legal representative Mr. Marco Redini (hereinafter, the "Seller"). WHEREAS:
- the Seller operates the Site, which is intended for B2C commercial transactions, i.e., between entrepreneur and consumer, meaning the natural person who performs the transaction for purposes not related to his or her commercial or professional activity, if any (hereinafter, "Buyer");
- On the Site, the remote matching of supply and demand of the Seller's movable goods in the electronic catalogs published therein (hereinafter, "Products") takes place and it is possible to conclude related online purchase and sale contracts between Seller and Buyer (hereinafter, "Online Sale Contracts" or, simply, "Online Sale"), governed by these General Terms and Conditions;
- Distance communication technology through the Internet is applied to Online Sales Contracts;
- On the Site, the remote matching of supply and demand of the Seller's movable goods in the electronic catalogs published therein (hereinafter, "Products") takes place and it is possible to conclude related online purchase and sale contracts between Seller and Buyer (hereinafter, "Online Sale Contracts" or, simply, "Online Sale"), governed by these General Terms and Conditions;
- the Buyer can download these General Conditions from the link uynsports.com/terms-and-conditions;
- these premises form an integral and substantial part of the Online Sale Agreements; The following is agreed upon:
| 1. | Conditions of Online Sale |
| 1.1 | The Online Sale and all the relationships deriving therefrom are governed by these General Conditions and by the indications contained in the respective sections of the Site consulted by the Buyer as part of the steps necessary to submit the purchase order to the Seller, which are to be considered an integral and substantial part of these General Conditions. Any modification and/or integration of the conditions of the Online Sale shall be valid only in the case of specific written acceptance by the Seller, and also the validity of any verbal agreements is subject to the Buyer's strict written confirmation; otherwise, these General Conditions shall always prevail. The applicability of any general conditions of purchase prepared by Buyer is expressly excluded. |
| 1.2 | The provisions contained in these General Conditions form an integral and substantial part of each Buyer's purchase order and Online Sales Contract. In the event that said orders or the Online Sales Contract contain a provision that conflicts with and/or derogates from one or more provisions of these General Conditions, the terms contained in the individual order or Online Sales Contract shall prevail. The General Conditions applicable to each individual purchase order will be those set forth on the Site at the time the order is placed. Any changes to the General Conditions shall be effective upon posting on the Site and shall apply only to orders placed after such posting. |
| 1.3 | The goods covered by these General Conditions are all the Products chosen by the Buyer and placed in the virtual shopping cart, following the online purchase procedures indicated on the Site. |
| 2. | Acceptance of the General Conditions |
| 2.1 | These General Terms and Conditions may be updated, supplemented or amended at any time by the Seller, who will provide notice thereof through the pages of the Site and such updates/amendments and/or supplements will be effective for future purchases. |
| 2.2 | All purchase orders will be submitted by the Buyer to the Seller upon accessing the Site and completing the purchase procedure indicated therein. |
| 2.3 | These General Conditions must be reviewed online by the Buyer prior to completion of the purchase process. The submission of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance. |
| 2.4 | The Buyer, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with the Seller, the General Conditions, declaring that he has read and accepted all the indications provided by the Seller, also noting that the Seller does not consider itself bound by conditions other than these General Conditions unless previously agreed in writing. |
| 2.5 | The sales transactions are regulated for the Buyer by the provisions set forth in the Consumer Code, while the protection of confidentiality is subject to the reference legislation and, in this species, to Regulation (EU) No. 679/2016 as well as to the relevant national regulations (Legislative Decree No. 196 of June 30, 2003 and subsequent amendments and additions), as better specified in the information published in the section of the Site entitled "Privacy Policy". |
| 2.6 | Acceptance of the General Terms and Conditions must be manifested by the exact completion of all sections of the electronic form, following the on-screen instructions and, finally, by checking and, therefore, accepting the boxes labeled "acceptance of general terms and conditions" and "privacy policy." |
| 3. | Online Sale prices and purchase methods |
| 3.1 | The offer of the Products, prices and conditions of sale present on the Site do not constitute an offer to the public for the Buyer; therefore, they must always be considered indicative and subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the Buyer's purchase proposal. |
| 3.3 | The representations of the Products on the Site (through, for example, photographs, graphic signs, videos) correspond to a standard product of the same type or its packaging. Such representations are for illustrative purposes only to present the Products for Online Sale, without any warranty or commitment on the part of Seller as to the exact correspondence of the image represented on the Site with the Products delivered to Buyer. In the event of differences between the graphic representations and the descriptive texts of the Products, the latter shall prevail. |
| 3.3 | The prices of the Online Sale of the Products, as well as any other charges and expenses inherent to the invitation to bid published on the Site, are expressed in euros and include VAT and any other taxes. The cost of shipping up to the address indicated by the Buyer is borne by the Buyer and may vary depending on the Product and the destination address; in any case, the cost of shipping is made known to the Buyer before the confirmation of the purchase. |
| 3.4 | The price of Products purchased by the User is that calculated at the time of the order summary, without any consideration of price increases or decreases, including for promotions, that may have occurred subsequent to the placing of the order or terminated prior to the same. Prices and availability of Products, as stated on the Site, are subject to change at any time without notice. Buyer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time between the loading of the web page and the placing in the shopping cart, the actual availability of individual Products may vary. The Site verifies the actual availability of the Products purchased and notifies the Buyer of any unexpected unavailability of one or more Products before the conclusion of the order process. |
| 3.5 | After logging in to the Site, the Buyer must follow the wizard and enter the required information in the appropriate fields on the Site. To purchase the Products offered for Online Sale on the Site, the Buyer shall select the desired Products, one at a time, by placing them in the shopping cart configured by the Seller. At the end of the guided procedure on the Site, the Products thus selected will constitute the subject of the Online Sale order that will be sent telematically to the Seller. Prior to submission, the Buyer will view and verify the order summary indicating the Products placed in the shopping cart, the price and any shipping and ancillary charges, the method of delivery, transportation and payment and any other special conditions selected by the Buyer when placing the order. By submitting the order, the Purchaser agrees to pay the price and any costs and ancillary charges indicated in the summary in the manner indicated on the Site and in accordance with the provisions of the General Conditions. Receipt of Buyer's order shall not bind Seller until Buyer has expressly accepted the order by electronic mail. |
| 3.6 | It should be noted that upon receipt of the Buyer's order, the system will automatically send an acknowledgement e-mail summarizing the order received, which should not be construed as formal acceptance of the same. Said automatic acknowledgement e-mail shall indicate an order number to be used in any communication with the Seller. The Buyer undertakes to verify the same automatic e-mail. The quantity of each of the Products indicated in the purchase order shall be understood to be the maximum quantity and it is therefore permitted for the Seller, in the event of unavailability of the Products, to deliver smaller quantities than those indicated in the order. In the latter case, the Seller shall charge the price for the quantities of Products actually delivered and shall be released from any further obligation with respect to the missing quantities. Seller shall not be liable in any way for the temporary or permanent unavailability of one or more Products. In the event of unavailability, even temporary, of the Products included in the order, the Seller undertakes not to charge the Buyer the corresponding price. |
| 3.7 | The Seller, with an e-mail following the first automatic acknowledgement e-mail, summarizing the order received, after checking the availability of the Products chosen, will formally confirm and accept the order received. In any case, the Seller has the right to accept or not accept the order sent by the Buyer, without the latter having any right and/or claim whatsoever, for any reason whatsoever, including compensation, for the non-acceptance of the order itself. |
| 3.8 | The Seller shall be bound by the Buyer's order only if it is submitted through the correct procedure indicated on the Site, without any highlighting of error messages and until its completion. In the event of a malfunction in the order processing and forwarding procedure learned by the Seller, the Seller agrees to promptly notify the Buyer of the impediment and remedy it, clearly stating whether the order should be considered cancelled. |
| 3.9 | The Buyer expressly declares that he/she is making the purchase for purposes unrelated to any business or professional activity carried on. |
| 4. | Conclusion of Online Sales Contracts and any amendments |
| 4.1 | Online Sales Contracts entered into through the Site shall be deemed concluded when the Buyer receives from the Seller, via e-mail, the formal confirmation of the order (with a communication following the first automatic and summary e-mail of the order referred to in Art. 3.6 of the General Conditions), containing a list of the Products purchased and their essential characteristics, the price, tax and ancillary charges and shipping costs, the delivery date as agreed at the time of the order, the delivery period, the means of payment selected and the terms of withdrawal. Purchase orders placed in the manner set forth in Art. 3 of the General Conditions shall have binding effect for the Buyer; the Buyer may cancel his order before having received the confirmation email referred to in this art. 4.1, provided that the order has not been prepared for the shipping process. However, the right of cancellation set forth in Art. 9 Of the General Conditions. With the same confirmation email referred to in this art. 4.1 the Seller accepts the order sent by the Buyer and informs the Buyer that it can proceed with the fulfillment of the same. The Online Sale Contract is concluded at the place where the Seller's registered office is located. The Online Sale Contract will not be concluded, remaining without any effect, if the procedure set forth in Art. 3 e 4 of the General Conditions. |
| 4.2 | The Seller, as a result of unforeseen logistical and organizational difficulties, may cancel the order by notifying the Buyer by e-mail or, upon agreement with the Buyer, change the delivery date and time. |
| 4.3 | The Seller will keep all orders received from Buyers in digital and/or hard copy format, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer may contact the Seller at the contact details set forth in Art. 12.1. However, the Buyer is invited to archive on appropriate durable medium the order receipts referred to in Art. 4.1, as well as these General Conditions. |
| 4.4 | For any error, misprint or problem in the completion of the online form and, more generally, in the execution of the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the Seller at the contact details set forth in Art. 12.1. |
| 5. | Conclusion of Online Sales Contracts and any amendments |
| 5.1 | Payment for the Products purchased on the Site will be made in the manner chosen by the Buyer, from among those expressly permitted by the Seller and punctually specified in the "Payments" section of the Site, available at uynsports.com/payments. |
| 5.2 | Any refund to Buyer will be credited by the same means of payment chosen by Buyer for the initial transaction, unless Buyer has arranged otherwise, in which case Buyer shall be solely responsible for any additional costs arising from the different means of payment chosen, and, in the event of its withdrawal, within fourteen days after Seller has received formal notice of such withdrawal. The Seller may, however, postpone the refund until receipt of the returned Product, or, in any event, until the Buyer has provided adequate proof that it has been returned (see below art. 9.4). |
| 5.3 | All payment-related communications take place on a special encrypted line, which ensures that such information is stored with a high level of security and in accordance with current data protection regulations. |
| 5.4 | In the event of delay in payments due by Buyer under the Online Sale Agreements, Seller may require payment of a penalty in an amount not less than 0.5% of the value of the Online Sale Agreement and for each day of delay, without prejudice to any greater damages and without prejudice to all remedies at law. The penalty will not be applied only in the case of delay on the fixed terms due to a cause not attributable to the Buyer. |
| 6. | Method of delivery of Products |
| 6.1 | II Seller will deliver to the Buyer, at the address indicated by the Buyer in the purchase order, the Products selected and ordered in the manner provided for in the preceding articles and indicated in the order receipt, by means of trusted couriers and/or forwarding agents. The Seller will fulfill the order normally within 2 working days from the date of receipt of the order. However, the delivery terms are not to be considered in any way binding on the Seller who, in any case, undertakes to promptly inform the Buyer of any delays or hindrances to the contact details referred to in Art. 12.2 of the General Conditions, provided that such contact details have been duly provided when placing the purchase order. |
| 6.2 | If the Buyer is absent at the time of delivery, a second delivery attempt will be made through the courier or forwarding agent. If the Buyer is also absent on the second attempt, the package will return to the courier or forwarding agent's access point and after 5 days will reach the Seller's warehouses. |
| 6.3 | Upon receipt of the delivery, the Buyer is required to verify the conformity of the Goods delivered to him with the order placed. The right of withdrawal remains excluded where the sold goods have been customized at the request of the Buyer. |
| 7. | Guarantees and service arrangements |
| 7.1 | The Seller is liable to Buyers for any defects in conformity of the Products found in the first two years after delivery of the Products. Specifically, in order to be in conformity with the Online Sales Contract, according to Art. 129 co. 2 Consumer Code, the Products must: (i) be fit for the use for which goods of the same type are customarily used; (ii) conform to the description made and possess the qualities of the good presented as a sample or model; (iii) present qualities and performance usual of a good of the same type that the Buyer can reasonably expect, taking into account the nature of the good and, if applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, particularly in advertising or on labeling; (iv) also be fit for the particular use intended by the Buyer and brought to the knowledge of the Seller by the Buyer at the time of the conclusion of the Contract and which the Seller has also accepted by implication. |
| 7.2 | In case of lack of conformity, the rules set forth in Art. 128 ff. Consumer Code: the Buyer may request, alternatively and free of charge, the repair or replacement of the Product purchased or a proportional reduction in the price or termination of the Online Sale Contract, unless the request is objectively impossible to meet, or is excessively burdensome for the Seller, pursuant to art. 135-bis Consumer Code. If repair and replacement are impossible or excessively onerous or the Seller has failed to repair or replace the goods within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the Buyer may request, at its option, a price reduction or termination of the Online Sale Agreement. If the Seller is required to refund, in whole or in part, to the Buyer the price paid, the refund will be made, where possible, by the same means of payment used by the Buyer when purchasing the Product. |
| 7.3 | In case of minor defect, the Buyer does not have the right to terminate the Online Sale Contract. |
| 8. | Obligations of the Buyer |
| 8.1 | The Buyer undertakes, once the purchase procedure has been completed, to print and keep these General Conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the conclusion of the Online Sale Contract, as well as the specifications of the Product purchased. |
| 8.2 | It is forbidden for the Buyer to enter false and/or fictitious data in the registration procedure through the electronic form; personal data and e-mail address must be their real personal data and not of third parties or fictitious. The Purchaser assumes, therefore, full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the procedure for the purchase of Products. |
| 8.3 | It is expressly forbidden to make duplicate registrations corresponding to one person or to enter third persons' data on the Site. II Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of consumers. |
| 8.4 | Buyer indemnifies Seller from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by Buyer, Buyer being solely responsible for the correct entry thereof. |
| 9. | Right of withdrawal |
| 9.1 | The Buyer has the right to withdraw from the Online Sale Contract, even partially, without penalty and without specifying the reason, within the forfeiture period of fourteen calendar days starting from the day on which the Buyer acquired physical possession of the Products covered by the Online Sale Contract. Excluded from the right of withdrawal are the exceptions set forth in Article 59 of the Consumer Code, including any Product that has been custom-made or clearly customized. |
| 9.2 | If the Purchaser intends to exercise the right of withdrawal, he must notify the Seller by means of the specific "Return Request" section of the Site, which can be consulted at https://uynsports.com/it_it/return, indicating in particular the Products for which he intends to exercise the right of withdrawal and the order number and providing all the requested data. Once the return request has been completed on the Site, a label will be automatically generated that the Buyer must print and affix to the Products subject to return. |
| 9.3 | The return of the Products by the Buyer shall take place, without delay and, in any case, within fourteen days from the date of sending the notice of withdrawal to the Seller. The costs of returning the Products shall be borne by the Seller. |
| 9.4 | Seller will make a refund of the price of the Products for which the right of withdrawal has been exercised within fourteen days of receipt of notice of withdrawal from Buyer. The Seller will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has arranged otherwise, in which case the Seller will be solely responsible for any additional costs arising from the different means of payment chosen. It shall be Seller's option to withhold the refund until receipt of the returned Products or until Buyer has provided proof that the Products have been properly returned. |
| 9.5 | If Products returned pursuant to this Art. 9 are damaged, or show signs of wear and tear related to handling that is not strictly necessary to immediately and directly establish their nature and characteristics, the Seller shall deduct from the refund an amount corresponding to the decrease in their value. Therefore, in the event that the returned Product is damaged (e.g. in the presence of abrasions, tears, stains or other deformations, etc.), or not complete with every element or its accessory (therein including labels, tags, etc.), not accompanied by instructions, notes and attached documents, original (or, in any case, adequate) packaging and/or packing, or by the relevant warranty certificates (if any), the Buyer will be liable for the patrimonial decrease in the value of the good, with the right to reimbursement for an amount equal to the residual value of the good itself. |
| 10. | Reservation of property |
| 10.1 | Title to the Products shall pass to Buyer only upon full payment of the price of the respective Online Sale Contract. In the event of the Purchaser's delay in payment, the Seller may, without the necessity of any formality, including notice of default, retake possession of all the Products subject to retention of title wherever they may be, subject to any further appropriate remedy for the prejudice suffered, including the right of the Seller to retain by way of penalty any sums already collected by way of advance payment on the price of the Online Sale Contract. |
| 11. | Termination clause |
| 11.1 | The timely payment of the Products covered by the Online Sale Agreements as well as any additional charges and/or commitments set forth in Art. 3.4 of these General Conditions shall have the character of an essential obligation of the Online Sale Contract. |
| 11.2 | Failure to comply with the aforementioned essential obligations will result in the automatic termination of the Online Sale Agreement by operation of law pursuant to and in accordance with Article 1456 of the Civil Code. |
| 12. | Communications |
| 12.1 | For any inquiries and/or communications addressed to the Seller, please complete the contact form provided on the Site, which can be found at https://uynsports.com/it_it/contacts. Official communications addressed to the Seller, such as any Buyer complaints, will be valid only if sent through the aforementioned form. |
| 12.2 | The Buyer shall indicate, when registering on the Site or at the latest in the order confirmation form, his or her residence or domicile, relevant telephone numbers and e-mail address at which communications from the Seller will be sent. |
| 13. | Processing of Buyer's Personal Data |
| 13.1 | The Seller protects the Buyer's personal data, guaranteeing the full compliance of their processing with the reference legislation and, in species, with Regulation (EU) No. 679/2016 as well as the relevant national regulations (Legislative Decree No. 196 of June 30, 2003 and subsequent amendments and additions). |
| 13.2 | Referring, for details, to the information on the processing of personal data ("Privacy Policy") and the extended information on the use of cookies ("Cookie Policy"), we anticipate how the personal data acquired directly and/or indirectly through the Site will be collected and processed in telematic/informatic form, and if applicable on paper, with the following main purposes: (i) to register the order; (ii) to proceed with the execution of the Online Sale Contract and related communications; (iii) to fulfill the related legal obligations; (iv) to manage business relationships in order to better perform the requested services. The correct and timely communication of the Buyer's personal data is a necessary condition for a timely execution of the Online Sale Contract by the Seller, who, in default, will not be able to process the Buyer's order. |
| 14. | Non-attributable failures, force majeure, and disclaimers |
| 14.1 | II Seller assumes no liability for delays or non-delivery of the goods attributable to force majeure, fortuitous events, or in any case not attributable to Seller, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, epidemics and pandemics and other similar events that would prevent, in whole or in part, the execution of the Sale Agreement in the agreed time. Without prejudice to the assumptions set forth in Article 1229 of the Civil Code, no compensation shall, as a result, accrue to the Buyer, who shall only be entitled to full restitution of the price and any ancillary charges paid. |
| 14.2 | II Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to perform the Online Sale Agreement for the causes set forth in Art. 14.1 |
| 14.3 | In the cases referred to in Art. 14.1, the terms for the performance of the obligations arising from the Online Sale Contract shall be deemed extended for the duration of the continuation of said events and their effects. In such case, the Seller shall promptly notify the Buyer in writing of the occurrence and cessation of the event itself, taking all appropriate measures to limit its effects. Should the aforementioned force majeure events continue for a period of more than three months, Buyer shall have the right to terminate the Online Sale Agreement by simple written notice to that effect to Seller. |
| 14.4 | The Seller - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment regarding the security of online transactions - does not assume any liability for any fraudulent, illegal or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct of the Buyer with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment. |
| 15. | Applicable law and jurisdiction |
| 15.1 | These General Conditions and the Online Sales Contracts are governed by Italian law with the exclusion of the applicability of the United Nations Convention on Contracts for the International Sale of Goods and the rules of private international law. The Buyer may also benefit from the consumer protection ensured to him by the mandatory provisions of the law of the State where he normally resides. |
| 15.2 | Any dispute arising out of or in connection with the General Terms and Conditions and/or the Online Sale Agreements or relating to their validity, interpretation and performance shall be resolved, subject to exceptions, by the courts of the Buyer's place of jurisdiction. The Buyer shall be guaranteed, in all cases, the rights conferred by the mandatory consumer protection regulations in force in the respective country of residence and/or domicile. |