- ACCEPTANCE OF THE TERMS OF SALE
- SALES PRICES AND PURCHASE METHODS
- PRODUCT AVAILABILITY
- PAYMENT METHODS
- TRANSACTION SECURITY
- PROCESSING TIMES
- DELIVERY METHODS
- DELIVERY TIMES
- DELIVERY COSTS
- PACKAGING
- RESPONSIBILITY
- LIMITS OF LIABILITY
- BUYER'S OBLIGATIONS
- RIGHT OF WITHDRAWAL
- CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
- PRIVACY AND PERSONAL DATA
- LEGAL GUARANTEE
- COOKIES
- JURISDICTION AND COMPETENT COURT
PREMISE
These general conditions apply to the purchase of products made remotely via the Internet via the website https://www.baseballproshop.it/en/, owned by:
IFSD - ITALY FASHION SPORT DESIGN SRLS
VIA DECOLLATURA 62 - 00118 ROME (RM)
VAT number: 15413131002
Purchase transactions will be governed by the provisions of Legislative Decree 206/05, while privacy protection will be subject to the provisions of Legislative Decree 196/03 . These general conditions may be updated or modified by IFSD - Italia Fashion Sport Design at any time, without notice, and will be effective from the date of publication on the website https://www.baseballproshop.it/en/. The consumer undertakes and undertakes, whenever these general conditions are modified, to review them and, if deemed appropriate, to print and retain them.
An online sales contract is a distance contract entered into between a supplier, IFSD - Italia Fashion Sport Design Srls, and a consumer customer, as part of a distance selling system organized by the supplier, i.e., the legal transaction involving movable goods and/or services, which for this contract uses exclusively the remote communication technology known as the Internet.
A consumer is a natural person who purchases goods and services for purposes not directly related to any professional activity they may carry out.
Art. 1: ACCEPTANCE OF THE CONDITIONS OF SALE
1.1 The conditions set out in the preamble are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through the Customer (businesses and individuals) accessing the corresponding website at https://www.baseballproshop.it/en/. The Customer will then be able to conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general conditions of sale must be reviewed online by the customer before completing the purchase process. Submitting the order confirmation therefore implies full knowledge of the terms and conditions and their full acceptance.
1.4 By electronically confirming your purchase order, you unconditionally accept and agree to abide by the general and payment terms and conditions set out below in your dealings with IFSD - Italia Fashion Sport Design. You acknowledge that you have read and agree to all the terms and conditions provided by you pursuant to the above-mentioned provisions. You also acknowledge that IFSD - Italia Fashion Sport Design LTD shall not be bound by any other terms and conditions unless previously agreed in writing.
Art. 2: SALES PRICES AND PURCHASE METHODS
2.1 All product prices displayed and indicated on the website https://www.baseballproshop.it/en/, which constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, include VAT (22% Italian VAT) and all other taxes. The VAT displayed in the shopping cart is calculated based on the country of shipment if different from Italy.
2.2 The total cost of shipping to the customer's home is the responsibility of the customer, unless otherwise specified. This cost will, in any case, be disclosed to the customer before confirming the purchase.
2.3 The purchase contract is concluded upon confirmation of the availability of the goods by IFSD - Italia Fashion Sport Design, following the exact completion and consent to the purchase expressed through the online acceptance given by the Customer.
2.4 The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 The prices of the different types of transport refer to weight, size and delivery destination.
2.6 Prices are subject to change without notice.
Art. 3: PRODUCT AVAILABILITY
3.1 The customer may purchase only products currently listed in the IFSD - Italia Fashion Sport Design electronic catalog, available online at https://www.baseballproshop.it/en/. If the demand for an online order exceeds the available quantity for a given item, IFSD - Italia Fashion Sport Design will accept the purchase only based on the actual inventory available. IFSD - Italia Fashion Sport Design Customer Service will notify the customer (by phone or email) whether the ordered products will be available in the future.
Art. 4: PAYMENT METHODS
4.1 On baseballproshop.it you can purchase and pay in complete safety, choosing between these payment methods:
4.2 Credit Cards - PayPal: Through PayPal, you can pay by credit card or Postepay easily and securely. PayPal accepts Mastercard, Visa, American Express, and Postepay. Transactions are instant; we'll start processing your order right away!
4.3 Cash on Delivery - By choosing the CASH ON DELIVERY payment method (valid up to a maximum order value of €999.00), payment is made to the courier upon delivery of the purchased goods. Payment must be made in cash only, directly to the courier. Only exact amounts corresponding to the order amount will be accepted; change will not be given. Payment by cash on delivery incurs a €5.00 charge to the customer.
4.4 Pickup in person - Cash: Come directly to our office (Via Decollatura 62 - 00118 Rome) to collect your order and pay in cash for orders up to €999.00. For in-person collection, you will need to contact us to arrange a collection date and time.
Art.5: SECURITY OF TRANSACTIONS
5.1 Access to all areas of the site where sensitive data such as addresses, names, and order history are required are subject to 256-bit encryption via a secure SSL (Secure Socket Layer) connection .
5.2 Credit card payments are subject to data encryption by Paypal Inc , the world leader in internet transactions.
Art. 6: PROCESSING TIMES
6.1 IFSD - Italia Fashion Sport Design undertakes to manage each shipment as quickly as possible , within the limits permitted by the particular product category on sale.
6.2 Orders are processed from Monday to Friday, excluding public holidays.
6.3 Average processing times from the moment of receipt of payment are 2/3 working days for orders placed from Saturday to Wednesday.
6.4 Orders placed from Thursday to the following Sunday will be processed and fulfilled on the Monday following the order, in compliance with point 6.1.
6.5 In the event of delays in processing the order caused, for example, by products not in stock, we will contact the Customer to inform them of the expected waiting times.
6.6 With reference to point 6.4, the Customer will have the right to cancel the order if he/she deems the processing times excessive.
Art. 7: DELIVERY METHODS
7.1 Shipping is carried out throughout Italy , to the address indicated by the customer, via express courier.
7.2 The purchased goods will be delivered within the timeframes set forth in Article 6 of Legislative Decree 206/05. The supplier cannot be held liable for delayed delivery due to force majeure.
7.3 The customer is required to verify, upon receipt, that the product delivered to them conforms to the order placed; only after this verification, and obviously subject to the right of withdrawal provided for in point 15, must the customer sign the delivery documents.
7.4 Upon delivery of the goods, the customer must verify the integrity of the packages and their quantitative and qualitative consistency with the information indicated on the accompanying document . In the event of any discrepancies, this must be reported on the accompanying document and confirmed within seven days by email or registered mail to IFSD - Italia Fashion Sport Design. Even if the packaging is intact, the goods must be inspected within seven days of receipt. Any hidden anomalies must be reported in writing by email or registered mail. Any reports received after the aforementioned deadlines will not be considered. For each declaration, the customer assumes full responsibility for the information declared.
7.5 Home delivery , unless otherwise agreed in writing between the parties, will take place on the ground floor during the courier's working hours.
7.6 The customer is required to be available during the hours described in point 7.5, in order to avoid any additional charges for failed deliveries by the express courier, charges which otherwise will be borne by the customer.
Art. 8: DELIVERY TIMES
8.1 From the moment we hand over the shipment to the courier, the expected delivery times are 24 hours for mainland Italy with Express shipping, 5/7 days with Economy shipping.
8.1 Remote or isolated locations have delivery times of 48 hours .
8.2 Calabria and Sicily have delivery times of 48 hours .
8.3 Sardinia has delivery times of 48/72 hours .
8.4 Europe 48/72 hours.
Art. 9: DELIVERY COSTS
9.1 Shipping costs vary based on the weight of the goods ordered and the courier selected.
Art.10: PACKAGING
10.1 Ordered items are shipped in high-strength double-corrugated cardboard boxes to avoid damaging the plants. Bulky or fragile shipments are shipped on pallets.
10.2 To cushion possible impacts during transport, in the case of fragile goods, the packages may be lined with corrugated cardboard or bubble wrap.
Art. 11: RESPONSIBILITY
11.1 IFSD - Italia Fashion Sport Design assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe.
11.2 IFSD - Italia Fashion Sport Design will not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform the contract for the reasons mentioned above. The consumer is only entitled to a refund of the price paid.
11.3 IFSD - Italia Fashion Sport Design is not responsible for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased products. At no point during the purchase process is IFSD - Italia Fashion Sport Design able to access the buyer's credit card number, which is transmitted directly to the banking service provider via a secure connection.
Art. 12: LIMITS OF LIABILITY
12.1 The information on this Site is provided in good faith and IFSD - Italia Fashion Sport Design believes it to be accurate . However, anyone wishing to purchase products should not rely on this information but should make further enquiries regarding the nature of the products and their suitability for the intended use. Consequently, all information on this Site is provided without any warranty, express or implied, of any kind, including, but not limited to, product quality, fitness for a particular purpose, or non-infringement of intellectual property rights. Under no circumstances will IFSD - Italia Fashion Sport Design be held liable for any direct or indirect damages resulting from the use of this Site.
12.2 The information contained on this Site may include technical inaccuracies or typographical errors. All information and this document may be changed or updated without notice. IFSD - Italia Fashion Sport Design may also improve or change the products described on this Site without notice.
Art. 13: BUYER'S OBLIGATIONS
13.1 The consumer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep a copy of these general conditions, which, moreover, he or she will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the conditions set forth in Articles 3 and 4 of Legislative Decree 206/05.
13.2 These general conditions may be updated or modified at any time by IFSD - Italia Fashion Sport Design. The consumer undertakes and undertakes, whenever these general conditions are modified, to print and keep a copy thereof.
13.3 The buyer is strictly prohibited from entering false, invented, or fictitious information in the registration process required to initiate the execution of this contract and any related communications. The personal details and email address must be exclusively the buyer's own personal information and not those of third parties or fictitious information.
13.4 It is expressly forbidden to make duplicate registrations for the same person or to enter third-party data . IFSD - Italia Fashion Sport Design reserves the right to legally pursue any violation or abuse, in the interest and protection of all consumers.
13.5 The Customer releases IFSD - Italia Fashion Sport Design from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for their correct entry.
Art. 14: RIGHT OF WITHDRAWAL
14.1 Pursuant to Article 5 of Legislative Decree 206/05, the customer may exercise the right of withdrawal by returning the goods received and obtaining a refund of the price paid.
14.2 Any consumer who, for any reason, is not satisfied with their purchase has the right to withdraw from the contract without penalty and without specifying the reason, within 14 days of receiving the purchased goods.
14.3 In the event of withdrawal, the costs of returning the goods are borne by the Customer.
14.4 All items must be returned in the same condition as received, complete with their original packaging and any manuals and/or instruction booklets that were included with the package and the original packaging. Returns by any other means are not permitted.
14.5 To exercise the right of withdrawal, the customer must send an email to info@baseballproshop.it within the deadline indicated above . We will then refund the amounts paid by the customer as soon as possible, and in any case within 30 days of receiving the above notification, by bank transfer or reversal of the transaction. The right of withdrawal applies only to goods that are intact at the time of return and cannot be exercised for products that, by their nature, cannot be returned or are liable to rapidly deteriorate or expire.
14.6 IFSD - Italia Fashion Sport Design will accept returned goods, reserving the right to verify that the products have been returned in their original condition and with their original packaging. Only then will the amount paid by the consumer for the purchase of the products be refunded.
14.7 If the Customer requests collection of the goods with our carrier, the Customer will be refunded only the amount paid for the goods themselves, minus the shipping costs initially incurred for receipt of the goods. This amount will not be deducted if the Customer arranges for redelivery to our office at their own expense.
14.8 IFSD is not responsible for the breakage or malfunction of wear and tear items (clubs, shoes, gloves, balls, etc.). Any requests for replacement or refund for material broken during sporting activity or due to improper use will not be accepted.
Art. 15: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
15.1 IFSD - Italia Fashion Sport Design reserves the right to terminate the contract by simply notifying the customer, specifying the reason. In this case, the customer will only be entitled to a refund of any sums already paid.
15.2 The obligations assumed by the customer pursuant to Article 7 (Buyer's Obligations), as well as the guarantee of successful payment made by the customer using the methods referred to in Article 2, are essential. Therefore, by express agreement, the Customer's failure to fulfill even one of these obligations will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of IFSD - Italia Fashion Sport Design to take legal action for compensation for further damages.
Art. 16: PRIVACY AND PERSONAL DATA
16.1 Anyone who orders through this website accepts and acknowledges the following mandatory information: the data collected at the time of ordering will be used only to provide the service and/or supply the purchased products and comply with regulatory, management, operational, and accounting obligations.
We inform you that, pursuant to Legislative Decree 196/2003, which contains provisions for the protection of individuals and other subjects with regard to the processing of personal data, IFSD - Italia Fashion Sport Design is the data controller of the personal data you provide or otherwise acquired as part of our business.
The processing of personal data means their collection, recording, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and destruction or the combination of two or more of these operations.
The data you provide will be processed for the following purposes:
- to provide the service and/or supply the products you purchased;
- in relation to contractual, pre-contractual or legal obligations, exclusively for administrative and accounting purposes
- to execute the transaction the user is making;
- to fulfill legal obligations;
- for operational, regulatory, fiscal and management needs;
The data will not be disclosed to other parties, except the shipping company responsible for delivering the goods, nor will it be distributed to third parties.
The following data will be collected:
- user's name and surname;
- user address;
- personal email address;
- telephone number;
- Tax code and VAT number (only if an invoice is requested, and in any case if the company or freelancer is a freelancer)
The requested data is necessary, and if even one of them is missing, we will not be able to proceed with the supply of goods or the provision of services, as we will not be able to fulfill our pre-contractual, contractual, regulatory, and tax obligations.
Data processing will be carried out using tools that guarantee security and confidentiality and may also be carried out using paper media and/or automated tools designed to store, manage, and transmit the data.
We also inform you that Article 13 of Legislative Decree 196/2003 grants citizens the exercise of specific rights. Specifically, the interested party may obtain from the data controller the existence or otherwise of their personal data, and that such data be made available to them in an intelligible form. The interested party may also request to know the source of the data and the rationale behind the processing; to obtain the erasure, transformation, or blocking of data processed in violation of the law, as well as the updating, rectification, or, if interested, integration of the data; and to object, for legitimate reasons, to the processing itself.
Further information regarding the processing and communication of your personal data may be requested in writing from the branch where the relationship is maintained.
IFSD - Italia Fashion Sport Design also informs you that further information regarding the processing and disclosure of your personal data may be requested in writing from the data controller.
16.2 Privacy for the newsletter service - Your data will be processed in full compliance with current legislation only by authorized personnel, exclusively for the purpose of sending the newsletter.
Providing your data is mandatory and authorizes processing for the sole purpose set out above.
Refusal to provide such data will make it impossible to send you commercial information and information relating to the initiatives of IFSD - Italia Fashion Sport Design, the Data Controller, via email.
Your data will not be shared with third parties or distributed. You may at any time request IFSD - Italia Fashion Sport Design to exercise the rights provided for in Article 7 of Legislative Decree 196/03.
Art. 17: LEGAL GUARANTEE
Art. 17: LEGAL GUARANTEE
17.1 Pursuant to Article 128 et seq. of the Consumer Code (Legislative Decree 206/2005), purchased products are covered by a legal guarantee covering defects in conformity for 24 months from the date of delivery. This guarantee covers only defects existing at the time of delivery, i.e., original defects that become apparent within 24 months of delivery. Any subsequent defects (e.g., due to use, lack of or poor maintenance, replacement with non-original spare parts, etc.) are excluded. Objective product defects found upon receipt must be reported immediately to Baseballproshop. For consumable products subject to wear, the following refunds will apply:
Aluminum Bats - Full refund for breakage within 7 days of receipt, partial refund of 50% within 60 days of receipt.
Aluminum and composite bats are for personal use only. If a single bat is used by multiple players during training and matches, it can quickly suffer structural damage, and improper use will void the warranty.
Maple/Ash Wood Clubs : No refunds for breakages due to use, refund or replacement only for defects found upon receipt of the item.
Composite wood clubs : Covered by individual warranty shown on the item
In the following cases the clubs are not covered by the warranty:
• Wood and composite clubs are not covered by the manufacturers warranty
• Improperly used bat: The damage occurred from hitting something other than a baseball/softball. This can be a narrow or wide dent. This also includes punctures in the metal surface and changes in the shape of the barrel.
• Dead bat: A bat that feels unloaded when used or has lost its response to impact with the ball.
• Handle and grip: Handle and grip (cover material and metal) damaged
• Non-compliant: a bat that no longer complies with the national or local regulations of associations/leagues/federations/championships
• Worn finish: chipping, removal or wearing of the finish
• Wrong size: A club that feels too long/short/heavy/light after use
Shoes : Full refund for defects after use (detachments and breakages) within 7 days of receipt, no refund after 7 days of use.
Gloves : Full refund for structural breakages within 7 days of receipt, partial refund of 50% within 30 days of receipt.
Batting Gloves : Full refund within 7 days of receipt, no refunds after 7 days of use.
17.2 The consumer must report the defect immediately . To avail of the guarantee, simply contact IFSD - Italia Fashion Sport Design by email (info@baseballproshop.it) or by telephone (at +39 0683709729).
17.3 Those who have purchased the products as part of their professional or business activity and have indicated their VAT number cannot avail themselves of the guarantee .
17.4 The guarantee entitles the customer to replace the goods at no cost to the customer or to terminate the contract . If the product is unavailable, for example due to seasonality or out-of-stock reasons, the customer is offered the option of receiving a discount voucher equal to the value of the products in question, to be used for future purchases, or a refund of the cost of the products by check, based on the customer's preferences.
17.5 Replacement or resolution is not applicable if the defect is minor, for which replacement is impossible or excessively expensive (for example, when the complaint concerns only a part of the products present in a single package).
17.6 The warranty is applicable only once to the first item purchased; any replacement of a product is not covered by the warranty.
Art. 18: COOKIES
18.1 A "cookie" (a small file that some websites can send to the visitor's address when they are visited) may be used on the https://www.baseballproshop.it/en/ website to track visitors' browsing habits. If you prefer not to receive cookies, you can set your browser to warn you of the presence of a cookie , allowing you to decide whether or not to accept it. You can also automatically reject all cookies by activating the appropriate option in your browser.
Art. 19: JURISDICTION AND COMPETENT COURT
19.1 Any dispute relating to the application, execution, interpretation, and violation of purchase contracts stipulated online through the website https://www.baseballproshop.it/en/ is subject to Italian jurisdiction; these general conditions refer, except where expressly provided for therein, to the combined provisions of Legislative Decree no. 50 of January 15, 1992, and Legislative Decree 206/05.
19.2 For any dispute between the parties, the Court of Rome (Italy) will have jurisdiction.