General conditions of Sale
preconditions
The Fiat 500 Club Italia Association, with registered office in Via Roma n. 90 – 17033 Garlenda (SV), VAT number 01079820096 – Tel: 0182 582282 – E-mail: info@500clubitalia.it (hereinafter “the “Seller”) sells clothing, accessories and gadgets (hereinafter “Products) relating to the 500 Club Italia brand.
The Seller, in parallel with its network of direct sales outlets, makes available for distance selling some products from its network of manufacturers (for brevity also “Products”) through the website www.500clubitalia.it (hereinafter, “the Site”).
These General Conditions of Sale are applicable to all sales of Products concluded remotely through the Site and regulate remote sales in accordance with and in compliance with the national and European regulations in force on the matter, including Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the “Consumer Code”) and European Directive no. 2011/83 EU on Consumer rights.
1. Scope of
1.1 These General Conditions of Sale govern the offer and sale through the Site of the Products present on the website.
1.2 These Conditions of Sale may be modified by the Seller at any time. Any changes will be effective from the moment of their publication on the Site in the "General Conditions of Sale" section, present in the footer of the Site's homepage. Customers are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable Conditions of Sale are those in force on the date of transmission of the Purchase Order for a Product by the Customer.
1.3 Before proceeding with the purchase of Products via the Site, the Customer is required to carefully read these General Conditions of Sale, made available in the "Conditions of Sale" section of the Site.
1.4 It is understood that placing a purchase order through the Site implies full and absolute knowledge of these General Conditions of Sale and their full acceptance.
1.5 These General Conditions of Sale do not regulate the sale of Products by parties other than the Seller, even if they are present on the Site via links, banners or other hypertext connections. Given this, the Customer is invited, before proceeding with the possible forwarding of orders and/or with the purchase of products and services from parties other than the Seller, to verify the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
1.6 In the event that the person purchasing Products on the Site requests the issuing of an invoice and/or is not a “consumer” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the withdrawal provisions set forth in art. 8 of these General Conditions will not apply, nor, more generally, the provisions that apply only to “consumers” pursuant to the same Consumer Code.
1.7 For information regarding the processing of Customers' personal data, please refer to the content of the Privacy Policy (https://www.500clubitalia.it/privacy-policy/).
2. Information aimed at the conclusion of the Contract
2.1 The Seller informs the Customer that:
– to conclude the purchase contract for one or more Products on the Site, the Customer must place a purchase Order for the products by filling out an order form in electronic format and sending it to the Seller, electronically, following the instructions that appear on the Site;
– the Contract is concluded when the user receives from the Seller, at the indicated e-mail address, the confirmation e-mail of the forwarded Purchase Order; together with this confirmation, the Customer is sent a complete summary of the purchase made and a link through which to access these accepted General Conditions of Sale;
– before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site in the various stages of the purchase;
– the registration credentials (email address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.
2.2 By transmitting the Order, the Customer accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, also recalled via links and always made memorable.
2.3 In any case, the Seller reserves the right to evaluate the acceptance of the Orders received and not to accept purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products.
3. Registration on the Site and Purchase Order of Products
3.1 Purchase Orders can be made directly through the Site, only by persons of legal age and who are not incapacitated.
3.2 The Customer who intends to place Purchase Orders for the Products can register on the Site and enter the required data. The purchase of the products can only be made by registered persons. In any case, it is still necessary to provide the Seller with a valid e-mail address to which all mandatory information is forwarded to the Customer, as well as communications required by these General Conditions of Sale or in any case concerning the Purchase Order of the Products.
3.3 The description of the characteristics of the Products that can be purchased (hereinafter also “Product Sheet”), together with one or more photographic images that allow a correct representation of the Products, is present on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.
3.4 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as faithfully as possible but must be understood as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products transmitted by the Customer will be valid.
3.5 To view the selected Products and their total price, click on the cart icon. The Customer is requested to verify the accuracy of the contents of the cart before confirming the purchase Order of the Products, by entering the required data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these General Conditions.
3.6 The Customer has the right to make changes or correct any errors before sending the Purchase Order to the Seller by following the instructions contained on the Site.
4. Product Prices
4.1 All prices of the Products published on the Site are expressed in Euros and include VAT. Delivery costs (which may vary in relation to the chosen delivery method and/or in relation to the payment method used and the quantity/weight of the products) are specifically indicated (in Euros and include VAT) in the Product Sheet, in the Purchase Order and in the Order confirmation email sent to the Customer.
4.2 The Seller reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the Customer will be that indicated in the Purchase Order, and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the Order itself.
4.3 In the event that a Product is offered on the Site at a discounted price, the full reference price on which the discount is calculated and what this full reference price corresponds to will be indicated on the Site.
5. Minimum information content
5.1 Pursuant to art. 6 of Legislative Decree 206 of 2005 (consumer code), products or packaging of products intended for the consumer, marketed on the national territory, must show, clearly visible and legible, at least the information relating to:
1. a) the legal or commercial name of the product;
2. b) the name or business name or trademark and registered office of the manufacturer or of an importer established in the European Union;
3. c) to the country of origin if located outside the European Union;
4. d) the possible presence of materials or substances that may cause harm to humans, things or the environment;
5. e) the materials used and the manufacturing methods where these are decisive for the quality or product characteristics of the product;
6. f) the instructions, any precautions and the intended use, where useful for the purposes of use and safety of the product.
6. Payment Methods and Invoicing
6.1 Payment by the Customer can be made in Euros only by credit card.
The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access to and does not store the data of the credit card used by the Customer to pay for the Products, not even in the case in which the same proceeds to save the Credit Cards, except for the data relating to the card holder.
7. Delivery of the Products
7.1 Following the sending of the order confirmation email, within 72 hours (excluding holidays and days before holidays) from the conclusion of the contract, a second email is sent in which the Customer is notified that the goods have been shipped.
All purchase orders for products are subject to their availability and, therefore, to confirmation by the Seller, who will communicate such availability by sending a Shipping Confirmation email to the Customer.
In the event of failure to execute the Purchase Order, due to unavailability of one of the Products ordered, the Seller will inform the Customer via email and will ask for confirmation of the Customer's Order, for the purchase of the remaining available Products. In any case, the unavailability of one or more of the Products ordered will not automatically give the Customer the right to cancel the entire Purchase Order.
7.2 For any information regarding delivery, the Customer can contact the Seller's Customer Service, whose contact details are indicated in this contract.
7.3 Deliveries of the Products are made only within the territory of the European Union. The delivery obligation is deemed fulfilled by the transfer of material availability or in any case control of the Products to the Customer.
7.4 Delivery costs are the responsibility of the Customer. The amount of delivery costs owed by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in Euros and inclusive of VAT) on the Site during the purchase process, in the Order and in the Order confirmation email.
7.5 During the purchase process, before the Customer transmits the Purchase Order for the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order will be highlighted on the Site, taking into account, in addition to the area and delivery method, also the possibility that the Customer purchases multiple Products with the same Order.
7.6 The delivery of the purchased Products takes place at the address indicated by the Customer in his Purchase Order.
7.7 In the case of delivery to the address indicated by the Customer in the Purchase Order, the Products purchased on the Site will be sent and delivered via the courier indicated on the Site to the postal address indicated by the Customer, according to the costs and terms indicated on the Site during the purchase process, before the user proceeds with the transmission of the Order.
7.8 If after three delivery attempts by the courier it is not possible to deliver the goods, the "Seller sends an email to the customer to communicate that the product is in storage.
From this moment the customer has 2 days to communicate to the Seller, by writing to the address: info@500clubitalia.it, the delivery instructions and thus release the storage; in any case, the additional costs and storage expenses will be charged exclusively to the Customer.
8. Conformity of the delivered Products
8.1 It is the Customer's responsibility to check the condition of the Products delivered to him. The Customer assumes the risk of non-delivery or damage to the ordered products, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and other than the carrier, physically takes possession of such products.
8.2 The Customer is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and is invited, in his interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, the Customer is also advised to promptly notify Customer Service. In any case, the legal guarantee of conformity and, where applicable, the rules on the right of withdrawal remain valid.
8.3 In the event that the Product is damaged, the Customer must detail in writing via email all the damages found. Any complaints must be forwarded to the Seller's Customer Service. No product must be returned without authorization from us. Authorized returns must be accompanied by the transport document indicating the number and date of the order placed.
8.4 In any case, at the time of delivery the Products must be checked by the Customer in order to ensure that they correspond to the items ordered and that they do not present manufacturing defects or other defects of conformity. In addition to the specific guarantees that may be provided to the Customer together with the delivered Product, the legal guarantees provided by Italian law are also applicable to the sale of the Products purchased on the Site.
8.5 In the event of non-conformity of the delivered Product with respect to the Order placed, the Customer may return it in the manner described in the following art. 9 and has the right to replacement. In cases where the replacement of the purchased Product has not been carried out within a reasonable time from the Customer's request, or is impossible or excessively onerous, or has caused significant damage to the Customer, the Customer may request an appropriate reduction in the price or termination of the Contract. It is understood that the Customer will lose this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
8.6 The Customer's request to obtain the replacement of the Products must be communicated to the Seller by contacting Customer Service at 0182 582282 or by means of a declaration sent by registered mail to the following address Via Roma n. 90 – 17033 Garlenda (SV); in any case, this declaration must be sent in advance by e-mail to the address: info@500clubitalia.it
8.7 1 The responsibility for transport lies with the Seller who, in the event of damage to the product occurring during transport, will seek compensation from the courier.
9. Withdrawal, Returns and Refunds
9.1 If the Customer is a consumer, he/she can exercise the right of withdrawal form on the site, pursuant to articles 52 et seq. of Legislative Decree no. 205/2006 (Consumer Code) within fourteen days from the day on which the consumer himself/herself or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods, or, in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good.
9.2 The exercise of the right of withdrawal is excluded for the following categories of Products (art. 59 Legislative Decree 205/2006):
– goods made to measure or clearly personalized;
– goods which are liable to deteriorate or expire rapidly;
– sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
– goods which, after delivery, are, by their nature, inseparably mixed with other goods;
9.3 The right of withdrawal must be exercised by the Customer within 14 (fourteen) days from the date of delivery of the products to the Customer.
9.4 In order to exercise the right of withdrawal, the Customer must send a written communication to that effect by email to the address: info@500clubitalia.it or a registered letter with return receipt, to our address Via Roma n. 90 – 17033 Garlenda (SV) containing:
• the expression of the will to make the return;
• the order date and number and the items you wish to return.
The Fiat 500 Club Italia Association will refund the above amount within 10 days of receiving the goods. The refund will be made using the same payment method used by the customer or, upon request, by bank transfer
9.5 For the withdrawal or return to be accepted by the Seller, the Products must be returned within the peremptory term of 14 (fourteen) days from the date on which the Customer communicated to the Seller that he wishes to withdraw from the purchase or make the return by sending the withdrawal form and in compliance with all the conditions set out below:
– the Products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
– the Products must be accompanied by the purchase receipt;
– the Products returned by the Customer must not have been opened, used, damaged, but may have been handled and inspected to establish their nature and characteristics;
– any damaged Products subject to return must be returned as received by the Customer, without the Customer subjecting them to modifications, manipulations or attempted repairs.
9.6 The return shipping costs are entirely at the Customer's expense. The Seller therefore recommends sending the shipment insured as the return journey is under the complete responsibility of the Customer. In the event of damage to the goods during transport, the Seller will notify the customer of the incident (within the working day following receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this event, the product will be returned, with shipping costs paid by the customer, simultaneously canceling the request for withdrawal; the Seller is not liable in any way for damage or theft/loss of goods returned with uninsured shipments. Furthermore, if the returned goods are in any way tested/used even if in a very small percentage, they will be weighed to verify their integrity, and in the event that a missing percentage occurs the product will be paid in full by the Customer, in the case of equipment they must be new as shipped.
10 Disclaimer
10.1 Except in cases of willful misconduct or gross negligence, the Seller shall not be liable in any way towards the Customer for any direct or indirect damages that may arise from the purchase of Products offered for sale on the Site.
10.2 The Seller also declines any contractual or extra-contractual liability for direct or indirect damages caused by the failure to accept or process, even partially, an Order.
11 Privacy
11.1 The Customer can always obtain information on how the Seller processes his personal data by accessing the Privacy Policy https://www.500clubitalia.it/privacy-policy/
