General Terms and Conditions & Legal Provisions
General Terms and Conditions
These Terms and Conditions govern the on-line purchase made on the website www.simonsport.com by users resident in the following countries: Italy.
- 1.0 General Provisions
- 2.0 Product availability
- 3.0 Price
- 4.0 Online purchase procedure
- 5.0 Execution of the contract
- 6.0 Methods of payment
- 7.0 Transport and delivery
- 8.0 Shipping tracking number
- 9.0 Returned items - Cancellation of purchase orders - Right of withdrawal
- 10.0 Replacement of products
- 11.0 Errors
- 12.0 Authenticity Warranty
- 13.0 Non-compliant goods
- 14.0 Applicable Law and Jurisdiction
1.0 General Provisions
The website www.simonsport.com ("Website") is property of Simon Sport of Toma Simone & Co. sas, with registered office in Mantova (ITALY), C.so Umberto I No. 18, VAT No. IT 01456080207, fiscal code 01456080207 (hereinafter referred to as "Simon Sport"), Mantova Chamber of Commerce's Trade and Commercial Register (REA) No. 160076.
These General Terms and Conditions of Sale (hereinafter referred to as "General Terms and Conditions" govern the relationship between the customer (hereinafter referred to as the "Customer") and Simon Sport (hereinafter collectively referred to as the "Parties") for the sale of Simon Sport products (hereinafter referred to as the "Products") offered on the Website from time to time. The language used for the execution of the contract is the Italian language.
The access to the online sale via the Website is allowed only to the Customers, as hereinafter defined, wherever they reside.
The Customer shall carefully read the provisions contained in the Terms and Conditions made available on the Website in order to become acquainted with them and to make use of them pursuant to Art. 12 of the Delegated Decree No. 70, dated April 9, 2003.
The agreements entered into with Simon Sport by accessing the Website are ruled by the Italian Law and, in particular, by the Delegated Decree No. 70, dated April 9, 2003, (Implementation of the Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market - Directive on electronic commerce).
2.0 Product availability
The Products on sale are bags, footwear, men's, woman's and children's clothing as well as accessories of some of the most important Italian and foreign brands.
All Products are offered according to their current availability at any time. Simon Sport reserves the right to change the limits to quantity and/or type of goods for sale on the Website at any time. The Customer will be informed in case their purchase order may not be executed due to the lack of availability of the Product ordered.
The Prices for the sale of the Products are in € (Euros) and include all applicable taxes and duties. The delivery costs are excluded, except otherwise stated.
Simon Sport constantly makes sure that the prices given on the Website are correct; nevertheless that may not guarantee that there is no price error. In case a price error is found, Simon Sport shall grant the Customer the chance either to reconfirm the purchase order for the Products at the correct price or to cancel it.
4.0 Online purchase procedure
The main features as well as the prices of the Products are given in the offer concerning each single Product for sale on the Website.
If the Customer needs to correct some mistakes made while entering the data, they shall follow the suitable procedure contained in the Website before sending their purchase order. In particular, the Customer may modify the quantity of Products to buy by adding or cancelling one or more Products from the shopping cart.
5.0 Execution of the contract
The contract entered into between Simon Sport and the Customer is deemed as executed upon receipt of the purchase order sent by the Customer at the Website address – in compliance with the purchase procedure described on the Website and after the authorization to charge the Customer has been obtained from the body competent for the PayPal payments. The purchase order sent by the Customer shall be binding for Simon Sport only if the entire purchase procedure has been properly and correctly completed, without any error indication by the Website. Simon Sport shall not be held responsible for any malfunction depending on the data transmission network.
By sending the purchase order, the Customer acknowledges and declares they have read all the instructions and information provided during the purchase procedure and that they fully accept the General Terms and Conditions.
The purchase order form shall be saved in the database of the Website for the time necessary to fulfil the orders.
Simon Sport shall send the Customer, via e-mail, a confirmation of receipt for the purchase order sent by the Customer. The Customer shall check the content of the communication for any errors or missing data without delay and report them immediately to Simon Sport.
6.0 Methods of payment
Payments for the price of the Products and delivery costs, if required, shall be made by credit card. Simon Sport accepts payment through the payment system: PayPal
7.0 Transport and delivery
For safety reasons, the Products purchased on the Website will be delivered at the address entered in the Customer's registration form. No delivery shall be made to any post office box; in this case the order will not be fulfilled.
Delivery costs, if required, shall be at the Customer's expenses and will be indicated separately in the purchase order.
Any purchase shall be delivered via GLS carrier (hereinafter referred to as the "Carrier") within three working days of the date when the order has been sent. The purchase orders shall be fulfilled and delivered from Monday through Friday, excluding weekends and national bank holidays. Simon Sport shall not be deemed responsible for any non foreseeable delay, provided that, except in case of force majeure, the Products shall be delivered within thirty (30) days of the following day after the purchase order has been sent to Simon Sport by the Customer.
For the delivery of goods, the presence of the Customer or of a person entrusted by the Customer at the consignee's address specified in the purchase order is required. Upon delivery of goods by the Carrier, the Customer shall check:
(i) that the number of items delivered is equivalent to that specified in the delivery note (DDT) and/or carriage note;
(ii) that the packaging as well as its closing materials are not damaged, wet or modified in any way. Any damages to the packaging and/or to the Products or any non-conformity in the number of items or information shall be immediately claimed, by writing a control reserve on the Carrier's proof of delivery. Once the Customer has signed the Carrier's document, they may not raise any claim concerning the external features of the delivered goods.
Should Simon Sport not be able to deliver the ordered goods due to an even temporary unavailability of the Products, the Customer will be informed in good time, however at the latest within thirty (30) days via e-mail. The amount already paid by the Customer will be paid back as soon as possible, however at the latest within thirty (30) days after receipt of purchase order.
8.0 Shipping tracking number
In order to guarantee a sure delivery of the Products, Simon Sport will not provide the Customer with the shipping tracking number but it will keep the shipping tracking number of any delivery made.
9.0 Returned items - Cancellation of purchase orders - Right of withdrawal
Simon Sport intends to guarantee the full Customer's satisfaction.
Simon Sport will pay back the entire costs for the Products that are returned by the Customers under perfect condition, that is they must not have been worn, used or damaged and they must be accompanied by the pertaining invoice or fiscal document. Some articles are shipped with a label of returned/replaced product attached to them. The replacements as well as the substitutions of these particular articles shall be accepted only if the label is still intact and applied to the product and the product returning instructions above described have been correctly observed.
The repayments will be made according to the payment methods set forth in the following point 9.7. The purchased goods may be returned at the latest within ten (10) days of the delivery date. The Products purchased online may not be repaid or returned at the Simon Sport shop, except there is a specific authorization.
The delivery costs for the Product return shall be at the Customer's expenses; any costs sustained by the Customer for the return shall not be paid back.
Simon Sport reserves the right to reject the return of those Products that are not in compliance with the provisions set forth under section 9.1.
Any delivery will contain easy instructions and information for the Product return.
Simon Sport shall repay the Customer in good time at the latest within thirty (30) days after receipt of a written order for the cancellation and return of the Product pursuant to the point 9.1 above. Simon Sport will send an e-mail to notify that the repayment has been made.
We recommend you to ship the Product to be returned using an ensured carrier in order to be able to track the shipping. Simon Sport shall not be held responsible for any repayment or compensation for those Products which have been lost, stolen or damaged during the shipping.
Pursuant to Art. 64 of Delegated Decree No. 206/2005, the Customer shall have the right to terminate the contract without any contract penalties and without giving any reason within ten (10) working days of the date of receipt of the Products, except for the provisions set forth in Art. 9.7 below.
In order to exercise the termination right, the Customer shall send an e-mail to the following address: firstname.lastname@example.org. Such e-mail shall be confirmed in writing by registered letter with return receipt to be sent within the following 48 hours and shall contain:
-the expressed intention to exercise the right of withdrawal pursuant to art. 64 of Delegated Decree No. 206/2005;
- the indication of the Products for which the Customer intends to exercise the right of withdrawal;
- the progressive purchase order number issued upon sale;
- the Customer's bank current account data.
The communication may be sent also via telegram, telex and fax within the above mentioned term.
If the Customer would like to modify or cancel the sent purchase order, they shall immediately send an e-mail to email@example.com.
Simon Sport will do its best to fulfil the Customer's request. Nevertheless, once the Product has been shipped, the purchase order may not be cancelled or modified until the shipped goods have been returned to Simon Sport. In such case, please refer to the provisions set forth in art. 9.1 above.
10.0 Replacement of products
In order to have a Product that has been purchased on the Website replaced, please observe the following procedure.
Please note that, in the case of the replacement procedure, first the amount will be paid back and then a new transaction may be made.
In order to obtain a replacement, please:
- fill in the form supplied together with the shipped Product, clearly specifying the code as well as the size of the new product you intend to receive.
- go on line to our Website and choose the product you intend to purchase as a replacement for the Product to be returned.
Please note that the Product to be replaced shall be returned to Simon Sport under its original conditions and that the fulfilment of the new order shall be subject to the current availability of the Products by Simon Sport. The shipping costs for the product return shall be at the Customer's expenses. Please contact Simon Sport at the address: firstname.lastname@example.org, in order to check the costs or the amount of shipping costs for the replacement.
Simon Sport aims at providing constantly updated information on the Website.
Nevertheless, is not possible to guarantee that the Website does not contain any errors. The Website may in fact contain typing errors, mistakes, inexact or missing information, some of which may refer to the prices and availability of the Product as well as to the product sheet illustrating the Product features.
Simon Sport reserves the right to correct errors, mistakes, inexact or missing information even after a purchase order has been sent as well as the right to change or update the information at any time without prior notice.
12.0 Authenticity Warranty
Simon Sport guarantees the authenticity of all the Products purchased on the Website.
Any copy or reproduction of any page of the Website or of any of its contents is forbidden without the prior written authorization by Simon Sport.
13.0 Non-compliant goods
In case of any production defect in the Products sold by Simon Sport, please contact immediately the customer care at the following address:
Simon Sport sas
C.so Umberto I°, n°18
I-46100 Mantova (MN)
In case the Customer is not completely satisfied with their purchase or in case of a disagreement between the goods and the purchase order made by the Customer, the Customer shall keep all documents as well as the Product in its original packaging and contact immediately Simon Sport per e-mail at the following address: email@example.com.
14.0 Applicable Law and Jurisdiction
The conditions for the access to the Website are subject to the Italian Civil Law and shall be interpreted in compliance with the Italian laws and rules. In the event that any provision of these Terms and Conditions or of those of the Contract is deemed to be invalid, illegal or otherwise unenforceable by the competent authority, the effectiveness of all other conditions or agreements remains unaffected and valid to the extent permitted by the law.
The Customer accepts the non-exclusive jurisdiction of the Italian Courts. Any dispute connected with and arising under these Terms and Conditions as well as from the navigation or usage of the Website shall be settled before the Court of Mantova.
For any further information and support concerning the Website or the online purchase procedure please contact us at the following e-mail address: firstname.lastname@example.org, or write to the postal address below:
Simon Sport di Toma Simone & C.sas
C.so Umberto I°, n°18
I-46100 Mantova (MN)
- Copyrights, Trade Marks and other Intellectual Property Rights
- Sent material
- Links to other websites
- Legal Disclaimer
- Warranty Exclusions
- Liability Limitations and Damage Claims
Thank you for visiting our Website ("Website"). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE WEBSITE. These Legal Provisions govern the access to the Website www.simonsport.com and its usage.
Copyrights, Trade Marks and other Intellectual Property Rights
This Website as a whole as well as all the material and documents contained in it are protected by copyrights and other intellectual property rights. For any further details, please read the information on copyrights and trademarks provided separately.
The user acknowledges that any offer, project, concept, photo, credit or any other content or material (excluding personal data) communicated or sent to Simon Sport via the Website or in any other way (hereinafter referred to as "Sent material") shall not be deemed as confidential information and that it is not property of the sender, but it shall become and remain property of Simon Sport. By sending such communications or such material, the user transfers any right, title or interest, including those rights arising from the copyrights, concerning the sent material to Simon Sport. Simon Sport shall not either at present or in the future: (i) keep any sent material as confidential; (ii) pay any fee for the usage of or in connection with the sent material; (iii) reply to the material dispatches or confirm their receipt. The user declares and guarantees that the material sent by them does not violate in any way any third parties' rights, included but not limited to, copyrights, trademarks, patents, industrial secrets, non-disclosure and other property or personal rights. By sending the material, the user acknowledges Simon Sport's right - but not obligation - to copy, publish, distribute or use such sent material or part thereof, for any purposes, included but not limited, advertising, promotional, product development or other commercial purposes, without compensation to the user or to any other person. The user is and shall be deemed as sole responsible of the whole contents of any sent material.
Links to other websites
This Website may contain links to other sites. Simon Sport shall not be deemed responsible for the availability of, or any content or material contained in, or obtained through, any such third party's sites. Any link to another website and reference to third-party information, products or services linked to this Website, is not, and should not be interpreted in any way as an approval of them by Simon Sport. Any questions or comments relating to such other sites shall be addressed to the relevant operators of those sites. Any other website may not contain a link to the Website www.simonsport.com without the prior written authorization by Simon Sport.
The Simon Sport Products described on the Website belong to the range of products sold by Simon Sport. This Website does not contain all products sold by Simon Sport. The style, models and colours of the Products sold by Simon Sport and offered on the Website may be modified without prior notice.
The material on the Website may contain some printing errors or imprecise information. Simon Sport shall not be held responsible for any error or inexact information nor for any loss or damage caused or arising from the reliability given by the user to the information gathered from or through this Website. It is responsibility of the user to evaluate the information and contents obtainable through the Website. This Website and all information and material contained in it may be changed at any time and from time to time without any prior or subsequent notice.
This Website and its contents are provided for "as they are" and "according to availability". Simon Sport makes no representation nor explicit or implicit warranties concerning this Website and its contents including, but not limited to, guarantees of ownership or safety from dangerous software (such as viruses, worms or Trojan horses) or implicit warrantees of marketability or suitability for any particular purpose and expressly rejects any claim concerning facts and warranties. Simon Sport does not declares nor guarantees that the information contained in this Website are accurate, complete or updated, that the Website does not contain any imperfection and that any such imperfect information are correct. By using the Website, the user undertakes to bear all risks connected to such usage and to take full responsibility for any unavailable usage of the Website, loss of data and costs in connection with the necessary operations of customer support and maintenance for the hardware and/or software used in connection with the Website; the user shall not held Simon Sport responsible in any way for any damages pertaining to or arising from or caused by the usage of this Website. If the laws currently in force do not allow the exclusion of implicit warranties, the cases for the warranty exclusion may not apply totally or partially to the user.
Limited Liabilities and Damages Claims
Simon Sport shall not be held responsible for any effective, direct or indirect, special, punitive, accessory, exemplary or resulting damage, or of any other kind, arising from the usage or the lack of usage of the information, products or material on the Website or pertaining the quality thereof, even in the event that Simon Sport has been informed that these damages may occur, as a consequence of legal actions under contractual and non-contractual provisions as well as provisions of any other kind. Since the warranty exclusion or the liability limitations for accessory or resulting damages are not allowed in some countries, such exclusion and limitations may not totally or partially apply to the user.
These Terms and Conditions are governed by the Italian Civil Law.