The Site is owned by Manifattura Valcismon S.p.A., with registered office in Via Guglielmo Marconi, 81/83, 32030 Fonzaso (BL), Italy (the “Owner”).
Purposes and Functions of the Site
The Owner uses the Site to promote the sale of products and collections of the Sportful brand. Additional functions are provided within the Site, such as, for example, the possibility of registering on the Site by activating a personal account in order to access reserved areas and content, newsletter services relating to the products and initiatives of the Owner, participation in promotional initiatives and the creation of customised lists of favourite products (“wish lists”).
Products. Limitation of Responsibility
The images and information on the products and services offered on the Site are published for descriptive or promotional purposes only. The Owner undertakes to ensure that the information on the Site is accurate and constantly updated; however – without prejudice to the provisions in the General Terms and Conditions of Sale with reference to the relationship with the consumer – it is not possible to provide any guarantees regarding the correctness, completeness, accuracy or up-to-date relevance of the information on the Site (including, for example, descriptions of products, services, prices and/or information on availability).
The Owner may, temporarily or permanently, modify or remove products and/or services, and their related characteristics and specifications, which are displayed or made available through the Site, as well as modify the prices of such products or services, also without giving any notice about such modifications.
To the maximum extent permitted by applicable law, the Owner shall under no circumstances be liable to users or third parties for any damage or loss arising from the use of the Site and/or the contents therein, or of any information contained in the Site or products for sale.
Users agree to indemnify and hold the Owner harmless from any legal action, claim, claim by third parties and related damages and expenses, including legal expenses, arising from or connected with use of the Site in any irregular and/or unlawful manner.
Intellectual property rights
All registered or unregistered trademarks, as well as any and all intellectual property, distinctive mark or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of the Owner and/or its assignors, without the access to the Site and/or the conclusion of any Purchase Agreements giving the Customer any right to the same. Any use, even just partial use, of the same is prohibited without the prior written authorisation of the Owner, which enjoys all the related rights on an exclusive basis.
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages managed by third parties. The Owner does not exercise any control or monitoring over the contents of third parties and therefore assumes no responsibility for the accuracy, security or reliability of the contents of third parties and cannot guarantee, and does not guarantee, that such contents are free from viruses or other functions capable of damaging users’ data and/or assets.
The Owner declines all liability with respect to any loss or damage arising from or connected with the user’s access, use and reliance on any third-party content.
The Owner does not acknowledge any guarantee that the Site, including its contents, services and functions, is free from interruptions, that any defect found therein will be corrected or that a user's use of the Site will produce any specific result.
In addition to the foregoing, the Owner does not acknowledge any express or implied warranty of the Site’s accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.
Use of the Site
General terms and conditions of sale
The Seller invites you to carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site.
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.
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.
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.
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.
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 firstname.lastname@example.org
- 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.
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: email@example.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.
Customization of the product
- Certain products may be eligible for customization. The client may request Manifattura Valcismon S.p.A. to print on the custom products only trademarks, domain names, logos, company names or other images or written texts (“Logos”) that do not infringe any third party’s rights. In particular, without limitation, the client may not use Logos incorporating intellectual property rights of a third party without express consent from such third party.
- The client declares that the client is the owner of, or has valid legal title to use, the Logos.
- The client acknowledges that Manifattura Valcismon S.p.A. reserves the right to require proof that the client is the owner of, or has valid legal title to use, the Logos.
- The client accepts that Manifattura Valcismon S.p.A. reserves the right to reject, in its sole judgement, any order for the custom product if the relevant Logos (a) infringe or may potentially infringe third parties’ intellectual property rights, (b) may be considered abusive, insulting, discriminatory, violent or anyhow contrary to public decency, or for any other justified reason. In such a case, Manifattura Valcismon S.p.A. will notify the client thereof and will refund any amount already paid by the client, with the exclusion of any other right or claim of the client.
- The client accepts to indemnify and hold Manifattura Valcismon S.p.A. and any of its affiliates harmless of any damage, loss, cost or expense (including reasonable legal costs) arising from any claims for infringement of third parties’ rights.
- The client who creates or submits a Logo(s) and shares such Logo(s) (including, without limitation, through group order functionality available on the website, such as Team Store) with other clients who then purchase products customized with such Logo(s), extends the above declarations of responsibility and indemnity to all purchasers of the products bearing the Logo(s).
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.