1.1. These general conditions of sale apply to the purchase of the "Gorila Fightwear" branded products (hereinafter "Products") which will be made through the e-commerce site www.gorilafightwear.com (hereinafter the "Site") from users qualifiable as "Consumers" according to the following article 1.2. The Site, owned by Smart Effedienne S.r.l., with registered office in Mola di Bari (BA), Via Padre Pio n. 21, share capital Eur 10,000.00, C.F./P.I. n. 08005130722 (hereinafter "Holder").
1.2. Any communication of the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner specified on the Website and at the e-mail address email@example.com.
1.3. Each purchase is governed by these general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.4. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to execute purchase orders. Should one or more sales be made to a non-qualifying consumer, the present general conditions of sale will apply, but notwithstanding the provisions of the same:
a) the purchaser will not be granted the right of withdrawal referred to in Article 10;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8;
c) any other protections, here provided for in favor of the consumer, that reflect or comply with mandatory provisions of law, will not be recognized to the purchaser;
d) the contract of sale concluded between the Seller and the buyer will be governed by Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.
1.5. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information related to the order made and the present general conditions of sale are sent via e-mail to the address stated during the registration on the Site or during the purchasing process.
1.6. In order to make purchases via the Site, the Consumer must have the age of majority (18) and the ability to act.
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order in accordance with the following point 3, the Consumer is invited to verify the final sale price.
2.5 The Site may access users from all over the world and the Site may contain references to Products that are not available or can not be purchased in the country of the Site visitor.
2.6 The Products available on the Website can only be purchased by users who, in the specifically dedicated section of the Website, request their delivery in one of the States indicated on the Website.
3.1. The presentation of the Products on the Website, which is not binding on the Seller, represents a mere invitation to the Consumer to make a purchase contract proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by sending the order to the Seller , is obliged to accept fully and without reservation. Before proceeding to purchase the Products, by sending the purchase order, the Consumer will be asked to carefully read the present general conditions of sale and the information on the right of withdrawal, to print a copy through the command of printing and store or reproduce a copy for your personal use.
4.1. The Products presented on the Site can be purchased through the purchase procedure on the Site. This procedure provides for the selection of Products of interest to the Consumer, with their inclusion in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to purchase the selected Products and add them to the shopping cart, the Consumer will be invited to register on the Website, providing the requested data, or to log in, if the Consumer is already registered or to provide their own data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm his / her data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where you can contact him for any communications relating to the purchase made, if they are different from the data supplied together with the registration. The Consumer will display a summary of the order to be executed, whose content can be modified: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check mark (check-box) present on the Website and finally, through the "Insert order" button, the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The consumer will also be asked to choose the method of delivery and the payment method, among those available. Should the Consumer decide for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he / she will be required to communicate the relevant relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the particulars indicated by the Consumer. If payment is made by credit card, the purchase amount will be debited only upon transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the selection procedure of the Products on the Site referred to in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and / or promotions at that time in force, due to an obvious technical problem occurred on the Site, please do not complete your purchase order and report the above technical error to the Seller's Customer Service, by sending an e-mail at the email address: firstname.lastname@example.org
4.3. In cases where the consumer has completed his purchase order and is included in the latter a product whose price is clearly lower than that normally applied, net of any discounts and / or promotions at that time in force, due of an obvious technical problem that occurred on the Website:
(a) if the Consumer has not yet received the Product, the Vendor will (i) cancel the order, the delivery of which will not be executed, sending a communication in this regard via e-mail to the address of e-mail indicated by the Consumer during the transmission of the order and (ii) reimburse the Consumer for payments made by him in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer of the error occurred in the process of completing his order by e-mail, offering the same, as an alternative, to (i) pay to the Seller, no later than 5 (five) days, using one of the payment methods available on the Website, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, no later than the next 14 (fourteen) days, sending it to Smart Effedienne SrL, Via Padre Pio 25, 70042 Grinding Wheel di Bari (BA) - ITALY, free of damage, complete with all its elements and accessories (including unaltered labels and tags attached to the product), accompanied by instructions / notes / m current attachments, from the original packaging. In the event that the Consumer has chosen the option referred to in paragraph (b) (ii) above, the Seller will reimburse to the Consumer the payments made by him in relation to the canceled order, inclusive of delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.
5.1. Generally, the Site indicates the availability of the Products and delivery times of the same, however, this information is to be considered purely indicative and not binding for the Seller.5.2 The Seller undertakes to do everything in its own right in order to meet delivery times indicated on the Site and, in any case, to perform the delivery within a maximum time of 30 (thirty) days starting from the day following the one in which the Consumer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product in accordance with the following par. 188.8.131.52. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product.5.4. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Website at the time the order is sent. The Consumer undertakes to check without delay, and in any case no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all the purchased products and to inform the Seller of any defect within that period. of the products received or of their differences with the order made, according to the procedure set forth in the following art. 9 of these general conditions of sale. If the package or wrapper of the products ordered by the Consumer were to arrive to destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve" .5.5. After the term referred to in the previous par. 5.4. without the Consumer having made any objections to the carrier / shipper, the Products delivered will be considered definitively accepted by the Consumer.
6.1. The price of the Products is the one indicated on the Website at the time of sending the order by the Consumer. The prices of the Products indicated on the Website include the standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are counted before the order confirmation sent by the Seller to the Consumer and that the Consumer himself undertakes to pay to the Seller in addition to the price indicated on the Website.6.2. Depending on the country in which the Products must be delivered, during the order creation process, the relative shipping costs will be displayed on the Site, which the Consumer undertakes to pay in addition to the price of the Products ordered.6.3. The Consumer must pay the total price to the Seller, as reported in the order confirmed following the confirmation of the order sent by e-mail from the Seller to the Consumer.6.4. If the Products are to be delivered in a country outside the European Union, the total price indicated 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 undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.6.5. The Consumer is solely responsible for any additional cost, charge, tax and / or tax that a given country may apply, for any reason whatsoever to the Products ordered according to these general conditions of sale.6.6. The Consumer declares that the lack of knowledge of costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.4. and 6.5., when sending an order.
7.1. The payment of the price of the Products purchased through the Site must be made within the essential deadline of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will start at the time of crediting the price of the purchased Product / s on the Seller's current account.7.2. Payment can be made by credit card, bank transfer or PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Website.7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to PayPal, with registered office in San Jose, California, United States. The transmitted data will be sent in protected mode, through the encrypted transfer of data with a 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes indicated in the order confirmation.7.5. The Seller will promptly transmit to the Consumer, electronically via e-mail to the address stated by the same, the receipt for the purchase, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.
8.1. Pursuant to and for the effects of the European Directive 44/99 / EC and the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer . The application of any warranty in case of use or washing of the Product not compliant with the product's own and with instructions / warnings in this regard provided by the Seller and / or the Holder, or reported in the illustrative reference documentation, in the cards or in the labels.8.2. The Consumer will have the duty to examine the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-compliance no later than 2 (two) months after discovery, transmitting to the Customer Service - Service to the Seller's Customer, by e-mail.8.3. Following receipt of the request, appropriately documented with photos, delivery note, date of purchase and receipt, the Seller will assess the defects and non-conformities reported by the Consumer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide, at its discretion, whether to authorize the return of the Products by providing the Consumer with a feedback via e-mail to the address provided by the latter during the registration process on the Site. The authorization to return the Products will not constitute no way recognition of defects or non-compliance, the existence of which must be ascertained after the return. The Products of which the Seller has authorized the return must be returned by the Consumer, within 30 (thirty) days from the notification of the defect or non-conformity, 8.4. If the Seller is required to reimburse the Consumer for the price paid, the refund will be made by bank transfer or, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product. It will be the Consumer's responsibility to communicate to the Seller, always by e-mail to the appropriate e-mail address, the bank details to make the transfer in his favor and to ensure that the Seller is able to return the sum due.
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, frees himself from any responsibility, without exception and / or excepted, indicating the name of the relative producer of the product.
10.1 The Consumer is entitled to withdraw from any contract concluded in accordance with these general conditions of sale, without any penalty, within the term of 14 (fourteen) from when (i) the product was delivered or (ii) in the case for the purchase of several products delivered separately with one order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the company, before the expiry of the period referred to in paragraph 10.1 above, of its decision and return within this period the purchased material.
10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing instructions for returning the product, to be transmitted no later than the following 14 days to:
Smart Effedienne S.r.l.
Via Padre Pio, 21
70042 Mola di Bari (BA) - Italy
10.4 If the Consumer has received the product, he is obliged to return it without undue delay and, in any case, within 14 days from the day on which you notified the withdrawal. The deadline is met if you return the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods will be borne by the Consumer.
10.5 If you return, you will be reimbursed for the payments you made, excluding the costs of, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement by different means of payment, in this case the Consumer will be charged any additional costs arising from the different means of payment. The reimbursement may be suspended until receipt of the goods or until the Consumer demonstrates that he has sent back the goods, if earlier.
10.6 The Consumer is responsible for the diminished value of the goods resulting from a different manipulation from that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratching, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and tags unaffected and attached to the product) , not accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the certificate of guarantee, where present, the Consumer will respond to the reduction in the value of the asset, and will be entitled to reimbursement 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 cover the original packaging of the Products with other protective packaging that preserves the integrity and protect it during transport even by writing or labels.
11.1. The Consumer declares to be informed that all brands, names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Site or related to the Products are and remain the exclusive use of Smart Effedienne srl and / or of its assignees, without access to the Website and / or the purchase of the Products may derive from the Consumer any right over the same.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.
13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller can not guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
13.2. The Seller, with regard to credit card payments, uses the services of the PayPal company that adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.1. The Seller shall not be liable in the event of total or partial non-fulfillment of his obligations under any contract concluded in accordance with these general conditions of sale, if such non-fulfillment is caused by unforeseeable events and / or natural events outside its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike by public and / or private workers, strike and / or restrictions on the roadworthiness of couriers and air connections.
15.1. Each sales contract concluded between the Seller and Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian law. In any case, the rights eventually allocated to Consumers by mandatory provisions of the law in force in the State of the latter will be maintained.
15.2. For any dispute, the Consumer has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and equitable out-of-court settlement of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a specific list available there.
The Parties may not transfer or otherwise transfer to third parties any of their rights and obligations arising from these general conditions of sale, without the prior written consent of the other party.
17.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.