- ACCEPTANCE OF THE CONDITIONS OF SALE
- SALES PRICES AND PURCHASE METHODS
- PRODUCT AVAILABILITY
- PAYMENT METHODS
- SECURITY OF TRANSACTIONS
- 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
The present general conditions have as their object the purchase of products carried out remotely via telematic network through the website https://www.baseballproshop.it/en/ owned by:
IFSD - ITALY FASHION SPORT DESIGN SRLS
VIA DECOLLATURA 62 - 00118 ROME (RM)
VAT: 15413131002
The purchase operations will be regulated by the provisions of Legislative Decree 206/05, while the protection of confidentiality (privacy) 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 valid from the date of publication on the website https://www.baseballproshop.it/en/. The consumer undertakes and is obliged, whenever there is a modification to these general conditions, to read them and, if he deems it appropriate, to print and keep them.
By online sales contract we mean the distance contract stipulated between a supplier, IFSD - Italia Fashion Sport Design Srls and a consumer customer, within the scope of a distance selling system organised by the supplier, i.e. the legal transaction having as its object movable goods and/or services, which for such contract uses exclusively the distance communication technology called Internet.
A consumer is a natural person who purchases goods and services for purposes not directly related to any professional activity he or she 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 access by the Customer (businesses and individuals) to the Internet site corresponding to the address https://www.baseballproshop.it/en/. At this point the Customer will 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 examined online by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their complete acceptance.
1.4 The customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with IFSD - Italia Fashion Sport Design, the general and payment conditions illustrated below, declaring that he has read and accepted all the indications provided by him pursuant to the above-mentioned regulations, also acknowledging that IFSD - Italia Fashion Sport Design LTD does not consider itself bound to different conditions unless previously agreed in writing.
Art. 2: SALES PRICES AND PURCHASE METHODS
2.1 All sales prices of the products displayed and indicated on the website https://www.baseballproshop.it/en/ for which they constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT (Italy 22%) and any other tax. In the cart, the VAT displayed 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 made known to the customer before the purchase is confirmed.
2.3 The purchase contract is concluded upon confirmation of the availability of the goods by IFSD - Italia Fashion Sport Design, following the exact compilation and consent to the purchase expressed through the online membership given by the Customer.
2.4 The customer can pay for the goods ordered using the payment methods indicated online at the time of purchase.
2.5 The prices of the different types of transport refer to the weight, size and delivery destination.
2.6 Prices are subject to change without notice.
Art. 3: PRODUCT AVAILABILITY
3.1 The customer can only purchase the products currently present in the IFSD - Italia Fashion Sport Design electronic catalogue visible online at (URL) https://www.baseballproshop.it/en/. If the request formulated via an online order exceeds the quantity available for a given item, IFSD - Italia Fashion Sport Design will accept the purchase limited to what is actually available in its warehouse. The IFSD - Italia Fashion Sport Design Customer Service will inform the customer (by telephone or e-mail) whether or not the products ordered 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 with credit card and postpay, easily and in complete safety. Paypal accepts Mastercard, Visa, American Express, and Postepay. The transaction is immediate, we will start preparing your order right away!
4.3 Cash on delivery - By choosing the CASH ON DELIVERY payment method (valid up to a maximum order amount of €999.00), payment is made to the Courier upon delivery of the purchased goods. Payment must be made only with cash directly to the courier. Only exact sums corresponding to the order amount are accepted; change will not be given. Payment by cash on delivery involves an economic cost to the Customer of €5.00.
4.4 Pick-up in person - Cash: Come directly to our office (Via Decollatura 62 - 00118 Rome) to collect the ordered goods and you can pay directly in cash for orders up to € 999.00. In case of pick-up in person, you will have to contact us to agree on the date and time of collection.
Art.5: SECURITY OF TRANSACTIONS
5.1 Access to all areas of the site where sensitive data such as addresses, names, 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 order management caused, for example, by products not in stock, we will contact the Customer to inform him 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 terms set out in art. 6 Legislative Decree 206/05. No responsibility can be attributed to the supplier for delayed delivery attributable to causes of force majeure.
7.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously without prejudice to the right of withdrawal provided for in point no. 15, the customer must sign the delivery documents.
7.4 Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document . In the event of non-conformity, the same must be reported on the same accompanying document and confirmed, within seven days by email or registered mail, to IFSD - Italia Fashion Sport Design. Even in the presence of intact packaging, the goods must be verified within seven days of receipt. Any hidden anomalies must be reported in writing by email or registered mail. Any reports beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
7.5 Home delivery , unless otherwise agreed in writing between the parties, will take place on the ground floor during the service hours of the courier who will make the delivery.
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 The ordered items are shipped in high-strength double-wave cardboard packages , so as not to damage the plants. In the case of bulky or fragile shipments, delivery takes place on pallets.
10.2 To cushion possible impacts during the journey, 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 timeframes.
11.2 IFSD - Italia Fashion Sport Design will not be liable towards any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the consumer being only entitled to the refund of the price paid.
11.3 IFSD - Italia Fashion Sport Design is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased. IFSD - Italia Fashion Sport Design is not able to know the buyer's credit card number at any time during the purchase procedure, which is transmitted directly to the banking service manager via a protected 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 . In any case, anyone intending to purchase products should not rely on said information but should further ascertain the actual nature of the products and their concrete suitability for the use to which they are intended. Consequently, all information on this Site is provided without any guarantee, implicit or explicit, of any kind, such as, by way of example, quality of the products, suitability for a specific purpose or non-infringement of intellectual property rights. In no event will IFSD - Italia Fashion Sport Design be held liable for any direct or indirect damage caused by the use of this Site.
12.2 The information contained in 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 in this Site without notice.
Art. 13: PURCHASER'S OBLIGATIONS
13.1 The consumer undertakes and is obliged, once the online purchase procedure has been concluded, to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to 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 is obliged, whenever there is a modification to these general conditions, to print and keep them.
13.3 The buyer is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure required to activate the process for the execution of this contract and the related further communications; the personal data and e-mail address must be exclusively the buyer's real personal data and not those of third parties or imaginary data.
13.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties . IFSD - Italia Fashion Sport Design reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
13.5 The Customer releases IFSD - Italia Fashion Sport Design from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for their correct entry.
Art. 14: RIGHT OF WITHDRAWAL
14.1 Pursuant to art. 5 of Legislative Decree 206/05, the customer can exercise the right of withdrawal, returning the goods received and obtaining a refund of the price paid.
14.2 The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 days from the day of receipt of the purchased goods.
14.3 In case of withdrawal, the costs of returning the goods are borne by the Customer.
14.4 All items must be returned in the same condition in which they were received, with the original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; the return of the goods by any other means is not permitted.
14.5 To exercise the right of withdrawal, the customer must, within the term indicated above, send an email to info@baseballproshop.it . We will then refund the amounts paid by the Customer as soon as possible, and in any case within 30 days from the date of receipt of the communication above, 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 at risk of rapidly altering or deteriorating.
14.6 IFSD - Italia Fashion Sport Design will accept the returned goods reserving the right to verify that the products have been returned in their original condition and with the original packaging; only in this case will it proceed to send the amount paid by the consumer for the purchase of the products.
14.7 In the event that the Customer requests the collection of the goods with Our carrier, the Customer will be refunded only the amounts paid for the goods themselves, deducting the shipping costs initially incurred for receiving the goods. This amount will not be deducted in the event that the Customer arranges for the return to our premises at his own expense.
14.8 IFSD is not responsible for the breakage or malfunction of items subject to wear (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 has the right to terminate the contract stipulated by simply giving notice to the customer indicating the reason; in this case the customer will be entitled exclusively to the refund of any sum already paid.
15.2 The obligations assumed by the customer as per art. 7 (Obligations of the buyer), as well as the guarantee of successful payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the non-fulfilment, by the Customer, of just one of said obligations will determine the termination of the contract by law pursuant to art. 1456 of the 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 Those who order through this website accept and read the following mandatory information: the data collected at the time of the order will be used only to provide the service and/or supply the products purchased and comply with regulatory, management, operational and accounting obligations.
We inform you that, pursuant to Legislative Decree 196/2003, containing provisions for the protection of persons and other subjects with respect to the processing of personal data, IFSD - Italia Fashion Sport Design is the data controller of the personal data provided by you, or otherwise acquired in the context 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 provided by you 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 communicated to other parties, with the exception of the shipper responsible for delivering the goods, nor will they be disclosed 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 invoice requested, and in any case if company or freelancer)
The requested data are necessary, and in the absence of even one of them, it will not be possible to proceed with the supply of the goods or the provision of the service, as we will not be able to fulfill the pre-contractual, contractual, regulatory and fiscal obligations.
The data will be processed using tools suitable to guarantee their security and confidentiality and may also be carried out using paper media and/or automated tools designed to store, manage and transmit the data themselves.
We also inform you that art. 13 of Legislative Decree 196/2003 grants citizens the exercise of specific rights. In particular, the interested party may obtain from the owner 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 origin of the data as well as the logic on which the processing is based; to obtain the cancellation, transformation, or blocking of data processed in violation of the law as well as the updating, rectification, or, if there is interest, integration of the data; to oppose, for legitimate reasons, 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 communication of your personal data may be requested in writing from the data controller.
16.2 Privacy for newsletter service - Your data will be processed in full compliance with the provisions in force only by authorized persons, exclusively to send the newsletter.
The provision of data is mandatory and authorizes processing in relation to 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, Data Controller, via email.
Your data will not be disclosed to third parties or distributed. You may at any time request IFSD - Italia Fashion Sport Design to exercise the rights provided for by art. 7 of Legislative Decree 196/03.
Art. 17: LEGAL GUARANTEE
Art. 17: LEGAL GUARANTEE
17.1 Pursuant to art. 128 and following of the Consumer Code (Legislative Decree 206/2005), the products purchased are accompanied by a legal guarantee that covers the defects of conformity of the goods themselves for 24 months from the date of delivery. It covers only the defects existing at the time of delivery, i.e. the original defects that appear within 24 months of delivery, while any subsequent defects are excluded (for example if due to use, lack of or poor maintenance, replacement with non-original spare parts, etc.). Objective defects of the product found upon receipt must be communicated immediately to Baseballproshop. For consumable products subject to wear, the following refunds will be applied:
Aluminum Clubs - Full refund for breakage within 7 days of receipt, partial refund of 50% within 90 days of receipt.
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 reported on the item
In the following cases the clubs are not covered by 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 response to impact with the ball.
• Handle and grip: Handle and grip (cover material and metal) damaged
• Non-compliant: a bat no longer compliant with national or local association/league/federation/championship regulations
• 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 (splitting 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 defect must be reported by the consumer immediately . To avail of the guarantee, simply contact IFSD - Italia Fashion Sport Design by email (info@baseballproshop.it), by telephone (at the number +39 0683709729).
17.3 Those who have purchased the products as part of their professional or entrepreneurial activity, indicating their VAT number, cannot avail themselves of the guarantee .
17.4 The guarantee gives the right to the replacement of the goods without costs for the customer or to the termination of the contract ; if the product is not available, for example for seasonal reasons or because stocks are exhausted, the customer is offered the possibility of receiving a discount voucher, equal to the value of the products subject to complaint, to be used for future purchases, or the reimbursement of the amount of the products by cheque, based on the customer's preferences.
17.5 Replacement or resolution is not applicable in the event that 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).
Art. 18: COOKIES
18.1 A "cookie" (i.e. a small file that some websites, while being visited, can send to the visitor's address) can be used on the site https://www.baseballproshop.it/en/, in order to track the visitor's paths on the Site. If you prefer not to receive cookies, you can set your browser so that it warns you of the presence of a cookie and then decide whether to accept it or not. You can also automatically refuse 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, for anything not expressly provided for therein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree 206/05.
19.2 For any dispute between the parties, the Court of Rome (Italy) will be competent.