1.1. The present general conditions of sale apply to the purchase of the brand products TACKLESALERNO (hereinafter “Products”) runs through the site of e-commerce www.tacklesalerno.it (hereinafter the “Site”) by users classified as “Consumers” pursuant to following article 1.2. The Site, owned by TACKLESALERNO , based TackleSa, Piazza Vittorio Veneto 37 84213 Salerno – Italy info: +39 347 9256657 firstname.lastname@example.org P. Iva IT04701910657
1.2. TACKLESA responsible for the sale of Products through the Site on behalf of the Owner. Purchases of Products made through this Site, they will see how parts TACKLESALERNO, as the seller (hereinafter the “Seller”), and the subject who purchases one or more Products for purposes not related to his trade, business, craft or profession, which the original purchaser (“Consumer”), (Seller and Consumer will be collectively referred to as the “Parties”).
1.3. The Owner is not part of the present general conditions of sale, but the owner of the rights on the domain name of the Site, logos and trademarks related to the products presented on the Site, as well as the copyright on the content of the Site.
1.4. Any communication of the Consumer connected and/or related to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and according to the methods indicated on the Website and e-mail email@example.com
1.5. Every purchase is governed by the general conditions of sale in the version that will be published on the Website at the time of transmission of the order by the Consumer.
1.6. The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. Are advised not to execute purchase orders the parties that are not Consumers. If one or more sales to be made in respect of a subject that is not a qualified Consumer, you will find application the present general conditions of sale, but, notwithstanding the provisions in the same:
(a) the purchaser will not be recognised as the right of withdrawal referred to in article 10;
(b) the purchaser may not benefit from the guarantee on the Products referred to in article 8;
(c) the purchaser will not be recognized any other safeguards, here provided in favor of the Consumer, which reflect or are consistent with predictions required by law;
(d) the contract of sale concluded between the Seller and the buyer shall be governed by Italian law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
1.7. At the same time to the transmission of the purchase order, the Consumer accepts that the confirmation of the information regarding the order placed and these general conditions of sale are sent via e-mail to the address from the same stated during the registration to the Site or during the purchase process.
1.8. To be able to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.9. Are the sole responsibility of the Consumer any costs for the connection via the Internet to the Site, including the telephone, according to the rates applied by the operator selected by the user.
The characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and in accordance with the general conditions of sale published on Site at the time of submission of the order by the Consumer, with the exclusion of any other term or condition.
2.2. The Seller reserves the right to modify the present general conditions of sale at any time, at its sole discretion, without providing prior notice to users of the Site. Any changes will be effective from the date of publication on the Website and will apply only to sales concluded from that date.
2.3. The prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. Before sending the purchase order pursuant to paragraph 3, the Consumer is invited to check out the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site are only available to users who require the delivery in one of the States that are listed on the Site.
Mode of purchase of Products – Improvement of each purchase contract
3.1. The presentation of the Products on the Site, and is not binding for the Seller, is a mere invitation to the Consumer to formulate a proposal for a purchase contract and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by the present general conditions of sale, which form an integral part of the order itself and that the Consumer, through the transmission of the order to the Seller, must accept fully and without any reserve whatsoever. Before proceeding with the purchase of the Products, by sending the purchase order, you will be asked to the Consumer to carefully read the present general conditions of sale and the information on the right of withdrawal, to print a copy through the print command and save or reproduce a copy for personal use. Also, you will be asked the Consumer to identify and correct any input errors of their data.
3.3. The purchase order of the Consumer is accepted by the Seller by sending to the Consumer, to the email address from these said to the Seller at the time of registration to the Site, or the transmission of the order if the Consumer is not registered to the Site, an e-mail confirmation of the order, which will include the link to the text of these general sales conditions, the summary of your order and the description of the characteristics of the Product ordered. The Consumer's order, the order confirmation of the Seller and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address firstname.lastname@example.org.
3.4. Any contract for the purchase of Products is concluded when the Consumer receives the confirmation of the order by the Seller via e-mail.
The procedure of selection and purchase of Products
4.1. The Products presented on the Site may be purchased through the selection of the Products of the interest of the Consumer and their insertion into a specific virtual shopping cart for purchase. After selecting the Products, to perform the purchase of the put in the shopping cart, the Consumer will be invited to (i) register on the Site providing the data requested, or (ii) to perform the login, if the Consumer is already registered, or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration to the Site, you will be required to the Consumer to confirm his data (including, but not limited to: name, surname, etc.), as well as the delivery address for the selected Products, the billing address and, optionally, a telephone number where we can contact you for any communications related to the purchase. The Consumer will display a summary of the order to be executed, which may modify the contents: therefore, the Consumer, after careful reading, must expressly approve the present general conditions of sale, through the appropriate tick (check-box) present on the Site and finally, through the button “Insert order”, we will ask the Consumer to confirm his / her order, that it will be so finally sent to the Seller and will produce the effects described in the previous par. 3.2. of this agreement. The Consumer will also be asked to choose the mode of shipment and the method of payment, among those available. If the Consumer decides for instant payment (immediate purchase) by credit card or PayPal will be required to communicate the relevant data via secure connection. For accounting and administrative provisions, the Seller reserves the right to verify the identity indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged only at the time of transmission of the confirmation of the order by the Seller to the Consumer.
4.2. If, in the course of the selection procedure of the Products on the Website referred to in the previous point 4.1, the Consumer finds that the price of one or more of the Products that it intends to select for the next purchase is obviously lower than that normally applied, net of any discounts and/or promotions at that time in force, because of an obvious technical problem on the Site, please do not complete the purchase order and to report the above-mentioned technical error in the Service to the Customers of the Seller, by sending an e-mail to the e-mail address email@example.com.
4.3. In cases where the Consumer has completed their purchase order, and the latter included a Product for which the price is clearly lower than that normally applied, net of any discounts and/or promotions at that time in force, because of an obvious technical problem on the Site:
(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, the delivery of which will not be then performed, sending at the same time a communication in this regard via e-mail, to the e-mail address indicated by the Consumer, during the transmission of the order, and (ii) refund to the Consumer the payments from the same made in relation to the cancelled order, including delivery costs, without undue delay and, in any case, not later than 14 days from the cancellation of the order, using the same means of payment as the Consumer used for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform you via e-mail the Consumer of the error that occurred in the process of completion of the order, offering at the same, alternatively, to (i) pay to the Seller, within and not later than the subsequent 5 (five) days, using one of the methods of payment available on the Site, the amount corresponding to the difference between the correct price of the Product and the wrong price resulting from the purchase order, or (ii) cancel your order by following the instructions contained in the same communication, and returning the Product to Seller, at the expense of the latter, within the next 14 (fourteen) days, by sending it to TACKLESALERNO , with registered office at Piazza Vittorio Veneto 37 84213 Salerno – Italy info: +39 3479256657 firstname.lastname@example.org P. Iva IT04701910657 – Italy, free of damages, complete with all its elements and accessories (including labels and tags intact and attached to the product), accompanied by any instructions/notes/manuals, from the packaging and the original packaging and certificate of warranty and accompanied by the return form, properly filled in, which will be attached to the e-mail transmitted by the Seller. In the case where the Consumer has chosen the option referred to in paragraph (b) (ii), the Seller will refund to the Consumer the payments from the same made in relation to the cancelled order, including delivery costs, without undue delay and in any event not later than 14 days from the cancellation of the order, using the same means of payment as the Consumer used for the initial transaction.
Delivery and acceptance of goods
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in their own right in order to respect the delivery times indicated on the Website and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that on which the Consumer has transmitted the order. In the case of non-execution of the order by the Seller, due to the unavailability, also temporary, of the Product, the Seller shall provide written notice to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product pursuant to par. 5.3.
5.3. The shipment of the Products ordered by the Consumer will be in the mode selected by the Consumer from among those available and indicated on the Site at the time of submission of the order. The Consumer shall check in a timely manner and in the shortest period possible that the delivery includes all and only the purchased products and to inform the Seller of any defect of the products received or their deviations from the order placed, in accordance with the procedure referred to in art. 8 of the present general conditions of sale, in the absence of the products shall be deemed accepted. If the packaging or boxing of the products ordered by the Consumer were to reach their destination clearly damaged, the Consumer is invited to refuse the delivery by the carrier/courier or accept the delivery “with reservation”.
Prices, shipping costs, taxes and fees
6.1. The price of the Products is that indicated on the Site at the same time sending the order by the Consumer. The prices are inclusive of costs of standard packaging, VAT (where applicable) and any indirect taxes (if applicable), but do not include the shipping costs that are calculated before the order confirmation transmitted by the Seller to the Consumer, and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.
6.2. The Consumer shall pay to the Seller the total price, as reported in the order and in the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered in a country not belonging to the European Union, the total price stated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer agrees henceforth to pay, when due, in addition to the price indicated in the order and confirmed in the confirmation of the order, as provided by the provisions of the law of the country in which the products will be delivered. The Consumer is requested to inquire with the relevant authorities in your country of residence or destination of the products, in order to obtain information on any duties or taxes applicable in your country of residence or destination of products.
6.4. Are the sole responsibility of the Consumer, any possible additional costs, charges, tax and/or duty that a given country may apply, in any title to the ordered Products according to the present general conditions of sale.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and/or taxes referred to in the preceding paras. 6.3. and 6.4., at the time of sending an order to the Seller cannot constitute cause for termination of this contract and which may not, in any way charge these expenses to the Seller.
7.1. The payment of the price of the Products purchased through the Site must be carried out within the essential term of 10 (ten) days from the date of transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller shall start at the time of crediting of the price of/the Product/s purchased/s on the current account of the Seller.
7.2. The payment can be paid by credit card or via PayPal, under the conditions described below. The Vendor may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by cash on delivery the product will be shipped with payment on delivery charged to the customer with additional charge of € 6.50.
7.4. The Vendor will send promptly to the Consumer, if required by applicable law, in electronic format via e-mail to the address stated by the same, the receipt for the purchase executed, if the Products are to be delivered in Italian territory, or attached in paper format to the Products purchased, in all other cases.
The legal guarantee of conformity of the Seller, defect reporting compliance and warranty work
8.1. Pursuant to and for the effects of the european Directive 44/99/EC and Italian legislative Decree no. 206/2005 (consumer Code), Seller warrants to the Consumer that the Products will be free of defects in design and material as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. It is excluded the application of any guarantee in case of use or washing the Product does not conform to that of the Product and the instructions/warnings regarding provided by Seller and/or from the Holder, that is given in the documentation illustrative reference in tags or labels.
8.2. Penalty of forfeiture of this warranty, the Consumer has the burden to report any defects and non-conformities within and no later than 2 (two) months from the discovery, transmitting to the Customer Service at the address– the Customer Service of the Seller, by e-mail to the address email@example.com the appropriate application form properly completed, with an indication of the defect and/or non-conformities found, as well as the related documentation as indicated in the return form itself (at least n. 1 (a) photograph of the Product, the order confirmation transmitted by the Seller and/or tax receipt).
8.3. Following receipt of the form and relative documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the service of the Owner and, after performing the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of Products providing Consumer feedback, containing the “return Code”, via e-mail to the address provided by the latter in the course of the registration process on the Site or in the process of transmission of the order. The authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, the existence of which must be ascertained after the return. The Products which the Seller has authorized the return shall be made by the Consumer, together with a copy of the notice of return authorization bearing the “return Code”, within 30 (thirty) days from the complaint of the defect or non-conformity, at the following address: TACKLESALERNO , based TackleSa, Piazza Vittorio Veneto 37 84213 Salerno – Italy info: +39 3479256657 firstname.lastname@example.org P. Iva IT04701910657
8.4. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer . It will be the responsibility of the Consumer to inform the Seller, always via e-mail to the address email@example.com the bank details to make the transfer in his favor, and to make sure that the Seller is put in the condition to return the sum due.
Liability for defective products
9.1. With regard to any damage caused by defects of the Products, subject to the provisions of the european directive 85/374/EEC and Italian legislative Decree no. 206/2005 (consumer Code). The Seller, in its capacity as distributor of the products through the Site, is free from any liability, none excluded and/or excepted, indicating the name of the product manufacturer.
Right of withdrawal – Information
10.1 The Consumer is entitled to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) since (i) it was delivered the product, or (ii) in the case purchase more products delivered separately with a single order, was delivered the last product.
10.2 as A result of the provisions of the preceding paragraph 10.2, the customer will receive an email confirmation of the withdrawal of the contract, containing the return form to include in the package, and the instructions to proceed with the return of the product, which must be submitted within the following 14 days
TACKLESALERNO , with registered office at Piazza Vittorio Veneto 37 84213 Salerno – Italy info: +39 3479256657 firstname.lastname@example.org P. Iva IT04701910657
10.3 If the Consumer has received the product, you must return it to TACKLESALERNO without undue delay and, in any case, within 14 days from the day you notified of the withdrawal. The deadline is met if you send the goods before the expiry of the period of 14 days. The risks and the direct costs of returning goods will be borne by the Consumer. If the armies of the withdrawal via the website, before confirming the withdrawal request, you will be shown the cost of returning the goods, if you want to use the return service provided by the site.
10.4 If you opt-out you will be refunded the payments you have made, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offer), without undue delay and in any event not later than 14 days from the exercise of the withdrawal. Such refunds will be made using the same means of payment as the Consumer used for the initial transaction, unless the Consumer does not request the refund on the different means of payment in this case will be charged to the Consumer any additional costs arising from the different means of payment. The refund may be suspended until receipt of the goods or until the seals demonstration by the Consumer of having sent back the goods, if previous.
10.5. The Consumer is responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the goods returned are damaged (e.g. with signs of wear, abrasion, scuffing, scratching, deformation, etc), not complete with all parts and accessories (including labels and tags intact and attached to the product), not accompanied by any instructions/notes/manuals, packaging and the original packaging and the warranty certificate, where one exists, the Consumer will be liable for any financial loss of the value of the asset, and will be entitled to the refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the good beyond what is strictly necessary to establish the nature, characteristics and functioning of the same, and put on the original packaging of the Products with other protective packaging that preserves the integrity and protect it during transport from writing or labels.
Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive mark, name, image, photograph, written text or graphics used on the Site or relating to the Products are and shall remain the exclusive property of TACKLESALERNO and/or its assignees, without access to the Website and/or the purchase of Products can result to the Consumer any rights in the same.
11.2. The content of the Site may not be reproduced, either in whole or in part, transferred using electronic or conventional means, modified or used for any purpose without the prior written consent of TACKLESALERNO
Consumer data and privacy protection
12.1. To be able to proceed with the registration, the forwarding of the order, and then at the conclusion of this contract are required through the Site certain personal data to the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and TACKLESALERNO., in accordance with and in compliance with regulations provided by the Italian law D. Lgs. no. 196/2003 and s.m.the. – Privacy code, to give effect to each purchase done through the Website and subject to your consent, for any additional activities as indicated in the relevant privacy notice provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process and purchase are true and correct.
12.3. The Consumer may at any time update and/or amend the personal data provided to the Seller through the appropriate section of the Website “My Account” accessible after authentication.
13.1. Although the Seller shall adopt measures to protect the personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
Applicable law, the attempt of conciliation, and court of jurisdiction
14.1. The General Conditions of Sale All contracts of sale concluded between the Seller and Consumers under these general conditions of sale will be governed by and construed in accordance with the Italian law and in particular by legislative decree 6 September 2005 no. 206, the consumer code, with specific reference to legislation on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In each case, shall be without prejudice to the rights possibly allocated to the Consumer by mandatory rules of law in force in the State of the latter.
14.2. In the case of a dispute between the Seller and a Consumer, we guarantee from now on our participation in an attempted friendly settlement with each Consumer will be able to promote in front of RisolviOnline, an independent institution provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a friendly and safe way on the internet. For more information on the regulations of RisolviOnline or to send a conciliation request access www.risolvionline.com.
14.3. Alternatively, the attempt at conciliation referred to in paragraph 14.2, the Consumer also has the faculty to access the platform for Online Dispute Resolution european (the European ODR Platform for resolving any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the european Commission, in accordance with the Directive 2013/11/EU and Regulation (EU) no. 524/2013, in order to facilitate the resolution of out-of-court, independent, impartial, transparent, effective, fast and fair dispute concerning contractual obligations stemming from sales contracts or service online between a consumer resident in the Union and a trader established in the Union through the intervention of an ADR (alternative dispute resolution) that we have not adhered to it, selectable from a list of available therein. For more information on the ODR Platform or to start, through the latter, a procedure of alternative resolution of a dispute related to this agreement, go to the following link: http://ec.europa.eu/odr. The e-mail address of the Vendor to be indicated in the ODR Platform is the following: email@example.com
14.4. If you do not adhere to the conciliation attempt referred to in the previous paragraph 14.2 or 14.3, or such an attempt were to fail, the dispute will be referred to the court of the place of residence or domicile of the Consumer.