The Seller invites you to carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site. 

Subject

These General Conditions of Sale govern the remote sale of products on the site www.sportful.com (“Site”). The purchase of products through the Site is allowed only to natural persons who are consumers, that is to say, natural persons who act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity that may be carried out. In the event that you cannot be described as a consumer, you can contact Customer Service to be referred to the different B2B channel.

The owner of the Site and the Seller is Manifattura Valcismon S.p.A., with registered office in via Guglielmo Marconi 81/83, 32030 Fonzaso (BL), Italy, registered in the Belluno Company Register, Tax ID Code and VAT no. 00023370257, REA of Belluno no. 44899 (“Seller” or “Owner”).

Acceptance of the General Terms and Conditions of Sale

Only customers with the legal capacity to enter into binding agreements in compliance with the applicable law (“Customer” or “User”) are allowed to conclude a purchase order for products on the Site (“Order”).

Orders are governed by the General Terms and Conditions of Sale and by any regulations that may be applicable from time to time to an individual Order. Customers are requested to carefully read the General Terms and Conditions of Sale before completing an Order. Each Customer accepts and is bound, in fact, by the General Terms and Conditions of Sale when completing an Order.

The version of the General Terms and Conditions of Sale published on the Site at the time that the Customer sends the Order will therefore apply to each individual Order.

Products

All the products offered for sale are illustrated in detail on the Site, within the respective sections, divided up according to product categories.

Resale of products purchased on the Site is prohibited.

All visual representations of products published on the Site (e.g. photographs, videos, etc.) are given merely as a rough guide. Such representation has the sole purpose of showing the products for sale to the public, without the Owner being able to guarantee the absence of minimal discrepancies between the image of a product published on the Site and the actual appearance of the same product (for example, with reference to the actual dimensions and/or chromatic aspects of the products and/or packaging).

In the unlikely event of differences between the product image and what is indicated in the text of the product info sheet, the text of the product info sheet will always be deemed accurate.

Orders

To place an Order, Customers must follow the instructions on the Site. In particular, Customers can decide whether to proceed with registration on the Site following the instructions provided by the registration programme and providing the data required therein or, alternatively, complete the Order as a guest without registering on the Site.

To place an Order, Customers must always fully complete and submit the order form on the Site.

Customers undertake to carefully verify the correctness and accuracy of the data entered, and also to promptly inform the Owner of any error in such data. Any higher costs for the execution of the Order caused by the imprecision of the data provided by the Customer and/or shown in the Order Confirmation may be charged to the latter.

Conclusion of the sales contract

The order form sent by the Customer has the value of a contractual proposal and entails full knowledge and full acceptance of the General Terms and Conditions of Sale. The Owner reserves the right to accept (or not) this proposal.

The contract for the sale of the products between the Owner and the Customer shall be considered entered into only with the subsequent sending to the Customer of an order confirmation by the Owner via email (“Order Confirmation”).

The Order Confirmation sent to the Customer contains all the essential data about the Order, including, by way of example, the list of products purchased, the price of the products, any shipping costs, the Customer's identification data and the billing/delivery address, as well as links to the General Terms and Conditions.

The Order Confirmation will bear a unique Order identification number, which must be reproduced in any subsequent communication to the Owner by the Customer.

Each Order can be viewed by the Customer on the Site, in their personal area, if the Customer is registered on the Site, or in other cases, by contacting the Owner’s Customer Service, after the Order has been sent. Without prejudice to the provisions in the Privacy Policy, such data will be available on the platform for a period of 12 months from the delivery of the Order.  

Prices

The prices of the products that can be purchased on the Site, including VAT (where applicable), are indicated on the same Site in a clear and transparent manner.

The delivery costs are made known to the Customer during the Order checkout phase and confirmed in the Order Confirmation. The cost of each shipment may vary depending on the delivery method and also on the place of delivery and/or the total amount of the Order.

Any changes to the prices of products will take effect from the date the new prices are published on the Site.

Invoicing and Payment Methods

For the payment of the cost of the Products and the relative shipping and delivery costs, the Customer may use one of the methods indicated on the order form. Some payment methods are only available in certain countries. Any payment methods that are not available cannot, in any case, be selected by the Customer during the appropriate check-out phase.

The Owner charges the purchase price at the time of the Order confirmation. 

The Owner uses a primary payment gateway to authorise payments for Orders. Therefore, the Owner does not directly manage any financial information about the payment method used by the Customer, nor does the Site process any financial information forwarded by the Customer in order to complete the Order.

To ensure maximum security in purchases, payment information sent over the internet is encrypted by the SSL (Secure Socket Layer) protocol. All data is transferred in an encoded form using this SSL certificate and therefore cannot be intercepted by external parties.

In the remote event of any errors, negligence or unlawful act by the payment gateway and payment intermediation systems for the management of the transaction associated with an Order, the Owner cannot be held liable for such error, negligence or unlawful act.

Delivery methods

The Owner delivers the products to all the European and non-European countries indicated on the Site.

The delivery times indicated in the order are only a rough guide and are not binding. In any case, the Owner undertakes to deliver the products without undue delay and in any case no later than thirty days from the conclusion of the contract. The Products will be delivered using a leading courier service. Delivery times vary depending on the destination of the delivery and are in any case only a rough guide, as the delivery times may be extended. Delivery times may vary for different reasons (for example, weather conditions and strikes).

No liability may therefore be attributed by the Customer to the Owner in the event of delay in dispatching an Order or in the delivery of the Products purchased.

The products ordered will be sent to the postal address specified by the Customer. When the Owner hands over the Order to the courier, the Owner will promptly send the shipment Confirmation.

Orders are delivered only on working days using the courier indicated in the purchase procedure. Delivery is deemed to be completed when the Product is made available to the Customer at the address specified in the Order.

In the event of non-delivery due to the recipient's impossibility to receive the Order, the courier will send a notification email to the recipient and try a new delivery according to procedures established by the courier.

If it is impossible to make a new delivery because the recipient cannot receive the Order, the Customer Service will attempt to contact the Customer to schedule a further delivery.

If the Customer Service is unable to contact the Customer for the following 10 (ten) days or in the event that the Order cannot be delivered for reasons attributable to the recipient, the products included in the Order will be returned by the courier to the Owner.

At the time of delivery of the Products by the courier, the Customer is required to scrupulously check that the number of pieces delivered corresponds to what is indicated in the transport document and that the packaging is not damaged or otherwise altered.

Any damage to the packaging and the Products or the non-correspondence of the number of pieces/packages or information must be immediately reported by the Customer, who may contact the Owner through the Customer Service specifying the Order for which such issues have occurred.

Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that lead to a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by the Owner, will entitle the latter to split, postpone or cancel, in whole or in part, the scheduled delivery or to cancel the Order.

In such cases, the Owner will be responsible for promptly and adequately communicating its decisions to the email address specified by the Customer and the latter will be entitled to a refund of the price already paid, and – without prejudice to any other mandatory regulatory provision – the Customer shall be excluded from lodging any further claim of any sort against the Owner.

Right of withdrawal

Within 30 (thirty) days from the date of delivery of the Order, the Customer can exercise the right of withdrawal from the purchase contract, without any penalty and without having to specify any reason.

In order to verify compliance with the aforementioned deadline, the delivery date of the products indicated on the website of the courier used will be valid.

If the Customer decides to exercise the right of withdrawal referred to above, he/she may, at his/her own choice, use one of the following methods:

• Send a communication to the email address service@sportful.com
• Use the procedure on the Site: log in to the account, click on the “My orders” link in the Account, select the Order, click on “Return” and follow the instructions to return the products for the withdrawal.
  Otherwise, in the event of a purchase using the “guest” mode, the Customer can access the procedure described above through the “Returns and Refounds” link available in the homepage footer.

In the event of a return within the EU

Returns can be sent via the courier that will be indicated by the Seller. In this case, the cost of returning the Products is borne by the latter.

In the event of a return from outside the EU

The return of the Products is the responsibility of the Customer, who must then select a shipper and make the payment of the return costs. 

The Seller may offer the return at a predetermined cost using shippers selected in the countries and at the cost indicated on the Site. 

In the event that the Customer decides to use this return method, the cost of the return will be deducted from the amount that will be refunded.

For more detailed information, Customers are invited to consult the return procedure section on the Site [ https://www.sportful.com/customer-service/returns-and-refounds ].

The Owner only accepts returns of garments that have not been used, worn or damaged. In particular:

• The returned products must be returned with every label, security seal, packaging and accessory (case, coat hanger, clothing cover, etc.) received with the Order.
• Products, labels, security seals, packaging and accessories must not show any signs of use, or scratches, or have been altered in any way (worn, washed, ironed, etc.).

The Customer shall, therefore, be liable for any diminished value of the goods resulting from the handling of the goods other than that which is necessary to establish the nature, features and operation of the goods. This means that the refund in the event of withdrawal is reduced in proportion to the reduced value resulting from handling other than that which is necessary to establish the nature, features and operation of the goods.

In addition, withdrawal is excluded for customised goods in line with the Customer's request.

The Owner only accepts the return of products purchased through the Site (sportful.com). For warranties and returns of products that have not been purchased on the Site, Customers must contact the store where they purchased the goods

Once the existence of the requirements for exercising the right of withdrawal has been verified, the Owner will inform the Customer about the acceptance of the return and will proceed to make a refund for the purchase price and for any shipping costs incurred by the Customer for the purchase of the Products.

The Owner undertakes to carry out the refund procedure within 30 (thirty) days from the day on which the Seller is informed of the Customer's decision to withdraw from the Contract. The Seller may withhold the refund until the date on which the returned products are received or until the Customer has demonstrated that they have sent the products back, whichever comes first. The refund will be made through the same payment method adopted by the Customer to place the Order.

In the event that the Customer has returned the products in the absence of the conditions for exercising the right of withdrawal, the Owner will not be able to recognize the validity of the withdrawal. In this circumstance, the Owner will return the product to the Customer, upon verification of his/her availability in this regard, reserving the right to charge the subsequent shipping costs to the Customer.

All orders placed from the Sportful online design lab are custom, made-to-order, products and therefore not eligible for refunds or returns. All sales are final.
Products with a manufacturer’s defect can be returned within 30 days for a full refund.

Legal Warranty

The Legal Warranty is reserved for consumers, i.e. those who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. 

The Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the Product within the limits and under the conditions provided for by the relevant and applicable legislation.

Except as provided in the clause “Applicable law and jurisdiction”, the legal warranty for products sold on the Site lasts for a period of 2 (two) years from the date of delivery of the products to the Customer.

In the event that a non-conforming product is delivered, the Customer may request the restoration, at no cost, of the products’ conformity by repair or replacement. If this is not possible and in the other cases provided for by the applicable legislation, the Customer will be entitled to a corresponding reduction in the price or refund of the price and (where incurred) of the shipping costs.

The mere receipt of the products by the Owner after the activation of this procedure does not imply, in any way, the recognition of a lack of conformity of the products (since an accurate verification by the Owner is first required).

Without prejudice to the provisions of the “Applicable law and jurisdiction” clause, the action aimed at asserting the hidden defects by the Customer is, in any case, statute-barred after twenty-six months from the delivery of the product.

Personal data processing

Customer data is processed by the Owner in accordance with the provisions of current legislation on the protection of personal data, as specified in the information contained in the “Privacy and Cookies Policy” section.

Communications and complaints

All communications or any claims of the Customer against the Owner regarding the completion of Orders or requests for intervention under warranty, must be notified through the appropriate contact forms or by email to: service@sportful.com or through the chat-box.

The Owner undertakes to satisfy the Customer's requests and needs, where possible, and to resolve any dispute with the Customer in a most amicable manner possible.

The European Union provides consumers with a platform to file complaints in relation to a product purchased online and find a solution through an independent dispute resolution body: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

Applicable law and jurisdiction

Except as provided in the following paragraph, the Contract concluded through the Site is governed by Italian law.

Without prejudice to the application to Consumer Customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions laid down by the law of the country in which they have their habitual residence, by way of example and not limited thereto, with regard to the term for exercising the right of withdrawal, the term for the return of the Products, the methods and formalities of the communication of the same, the legal warranty of conformity.

One should remember that, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the court of the place where the Consumer Customer resides or has elected domicile.