These general conditions of sale (hereinafter, the “General Conditions of Sale”) govern the sale of goods on the website www.campagnolo.com (hereinafter, the “Website”).
The goods purchased on the Website (hereinafter, the “Products”) are sold directly by Diana E-Commerce Corporation SRL with registered office in Torreglia (PD), via San Daniele no. 137/139, 35038, Italy, Registration no. with the Companies’ Register of Padua, Tax ID code and VAT Reg. No. 05097740285, R.E.A. no.: PD442830, share capital € 500,000.00 fully paid up, PEC certified e-mail: email@example.com e-mail: firstname.lastname@example.org, tel. (hereinafter, the “Vendor”), with the authorisation of Campagnolo S.r.l with registered office in Via della Chimica 4, 36100, Vicenza, Italy, VAT Reg. No. 01270200247.
Before sending a purchase order, you must read and accept these General Conditions of Sale. Failure to accept the General Conditions of Sale will make it impossible to make purchases on the Website.
- The General Conditions of Sale govern exclusively the offer, submission and acceptance of purchase orders for the Products on the Website between the Vendor and the Website users.
- Via the Website, the Vendor offers the Products for sale and provides its e-commerce services exclusively to end users aged 18 or over and to “consumers”, i.e. physical persons purchasing the products not for purposes relating to any sales, crafts or professional or trade activities carried out (hereinafter, the “Customer”).
- The offer and sale of the Products refers exclusively to the countries indicated in the list of shipping countries given in the page on the Website accessible via the Homepage.
- The Vendor reserves the right to set a maximum limit of Products, or types of Products, that can be purchased on the Website.
- The Vendor therefore reserves the right to not process orders from persons other than the "consumer" and/or minors, from countries not included in the list of shipping countries or, in any case, orders that do not comply with its own sales policy.
- The General Conditions of Sale do not govern the sale of goods or provision of services by parties other than the Vendor, even where present on the Website through links, banners or other connections. The Customer is responsible for checking the conditions of sale prior to submitting orders and purchasing goods and services from parties other than the Vendor. The Vendor is therefore not responsible for the sale of goods and/or the provision of services by third parties and/or the conclusion of agreements between the Customer and third parties.
- PRODUCT PURCHASE ORDER
- To order one or more Products on the Website, the Customer must select the Products they intend to purchase and place them in the cart. Having selected all the required Products, the Customer must go to the checkout on the cart page, complete the electronic order form, following the related instructions, and send it to the Vendor.
- The languages available for completing the purchase order are those indicates, for each country, in the page relating to the shipping countries which is accessed from the Homepage of the Website.
- The purchase order for the Products may be submitted by the Customer via their own personal account, if registered on the Website, or in guest user mode, in this case providing the personal information required to process the order.
- The order form contains a reference to the General Conditions of Sale, as well as a summary of the information on the main characteristics of each Product ordered and the related price (including all applicable taxes and charges), the accepted forms of payment and the delivery terms of the purchased Products, shipping and delivery costs, conditions for exercising the right of withdrawal and the terms and methods for returning the purchased Products.
- Before proceeding to purchase the Products by submitting the order form, the Customer is bound to carefully read the General Conditions of Sale which they may also print, save or copy for personal use. When submitting the order form, the Customer declares that they have understood and approved the contents of the form, and have accepted the General Conditions of Sale and Use of the Website; failure to do so will make it impossible to proceed with the purchase order.
- Before submitting the purchase order, the Customer can check the details of the order, identifying and correcting any data entry errors.
- By submitting the order form, the Customer is obliged to pay the price indicated in the order.
- The presence of the Products on the Website shall be understood as the Vendor’s invitation to offer. The submission of the purchase order by the Customer to the Vendor is a proposal for the purchase of the individual Products indicated in the order.
- Having received the purchase order, the Vendor will send a receipt of the purchase order to the Customer by e-mail, indicating a summary of the General Conditions of Sale, the information concerning the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes and charges), the payment terms, the conditions and methods for exercising the right of withdrawal and the delivery costs. This e-mail is an automatic confirmation of the receipt of the order and does not imply the acceptance of the Customer’s purchase order by the Vendor.
- The Customer’s purchase order is considered accepted by the Vendor when the latter sends a confirmation e-mail of the shipment of the ordered Products.
- The Vendor reserves the right to not accept purchase orders. This may occur, for example, in the event of the unavailability of the Products or incomplete or incorrect orders, which do not provide a sufficient guarantee of solvency or which are contrary to the sales policy of the Vendor and/or the General Conditions of Sale. In these cases, the Vendor shall promptly and in any case within 30 days following the submission of the order to the Vendor, inform the Customer by e-mail that the contract has not been concluded and that the Vendor has not accepted the purchase order. If the Customer has already forwarded the order form and paid the price, the Vendor will refund the amount paid.
- The order form will be archived in the Vendor's database for the time required to process the order and, in any case, according to law. Where registered on the Website, the Customer may view the orders placed by accessing their personal account and consulting the specific section of the Website. Customers placing orders as “guest” users can check the orders placed by contacting the Customer Service as indicated in paragraph 11 “Customer Service” below.
- PRODUCT CHARACTERISTICS
- The Products offered for sale on the Website are exclusively original, bearing the Campagnolo trade mark with the authorisation of Campagnolo S.r.l. as well as the trade marks of its related Partners.
- The essential characteristics of the Products are presented on the Website in each Product Sheet. The images and colours of the Products offered for sale may however not correspond to the actual ones due to the Internet browser and/or the monitor used.
- Each Product is sold on the Website along with the related identification label, which is an integral part of the Product itself.
- The prices of the Products indicated on the Website are expressed in EUR (€) and include all applicable taxes and charges. The prices of the Products do not include shipping and delivery costs which will be clearly indicated at the start of the Product purchasing procedure.
- The prices of the Products may be subject to variations. The Customer therefore undertakes to check the final sales price before submitting the related order form.
- The payment terms are given in the Payments page of the Website, and are also indicated in each purchase order, and are an integral part of the General Conditions of Sale.
- The purchase price of the Products and the shipping costs, as indicated in the order form, shall be charged after the Customer has submitted the order and prior to the shipment of the Products by the Vendor.
- When paying by credit card, the financial information (for example, credit/debit card number or expiry date) will be sent by cryptographic protocol to banks or companies providing the relative remote electronic payment services, without the possibility for third parties to access the data in any way. This information will not be used by the Vendor for any purpose other than to complete the purchasing procedures for which it was provided and to issue the related refunds in the event of any Product returns, following the exercise of the right of withdrawal, or if this is necessary to prevent or report to the police the commission of fraud on the Website.
- If the Product is delivered to a country in the European Union, the sold Product should not be subject to any customs clearance costs, such as import duties and/or taxes.
If on the other hand delivery is to a country outside of the European Union, the sold Products may be subject to customs clearance charges, including import duties and/or taxes, payable when the Product reaches the country of delivery. Customs clearance costs cannot be forecast in advance by the Vendor and are in any case solely for the Customer’s account.
For more information, the Customer may contact the customs office in the country of delivery of the Product.
- DELIVERY OF THE PRODUCTS
- The products ordered on the website are delivered by express courier. The costs, methods and terms of delivery of the Products are given in the Shipments page, as well as on each purchase order, and are an integral part of the General Conditions of Sale.
- The delivery time of the Products indicated on the Website are indicative and refer exclusively to working days, expressly excluding holidays and weekends.
- The Customer must place the purchase order directly on the Website page relating to the country of shipment to where the purchased Product will be delivered. The Website should be able to automatically recognise the country from which the Customer is connected, but it is possible to change the country of reference on the Website using the list of countries of shipment in the related page of the Website.
Orders placed from a section of the Website relating to a country other than that of shipment, or to an address not permitted by the courier indicated by the Vendor (e.g., PO boxes or General Delivery), will not be accepted. For Italy only, the Website is not authorised to ship to Livigno, Campione d'Italia, S. Marino or the Vatican City.
- RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal
- The Customer has the right to withdraw from the contract concluded with the Vendor, free of charge and without having to give reasons, within 14 days following the day on which they came into physical possession of the Products purchased on the Website.
- To exercise the right of withdrawal, the Customer may notify their decision to withdraw from the contract using the withdrawal form on the Website. For this purpose, the Customer must access the section of the Website relating to the orders placed, complete the withdrawal form and send it electronically to the Vendor.
- Alternatively, the Customer may send a written notification specifying their decision to withdraw to the Vendor, providing their details (name, surname, address and e-mail), the Product order and receipt dates, the order number and the related Products purchased; for this purpose, the Customer may also use the optional standard withdrawal form**, as per Annex I of Legislative Decree no. 21 of 21 February 2014. If the Customer chooses this option, the notification of withdrawal must be sent to the Vendor using the contact details given in the “Customer Service” paragraph.
- When exercising the right of withdrawal, it is not possible to directly replace a chosen Product with another; in order to purchase a new Product, the Customer must place a new order separately from the previous one.
- The Customer is responsible for reducing the value of the Products resulting from a manipulation of the Products other than that required to establish the nature, characteristics and operation of the Products themselves.
- The Vendor reserves the right to not accept the withdrawal procedure if the Products are returned without an identification label.
- Moreover, the right of withdrawal may not be exercised if:
- the Products are customised or packaged to order;
- the Products risk rapid deterioration or expiry;
- the Products are sealed and cannot be returned for reasons of hygiene or linked to the protection of health and have been opened after delivery;
- after delivery, the Products are inseparably mixed with other goods;
- the Products consist of sealed audio or video recordings or sealed software that has been opened after delivery.
Returns - times and methods
- The Products subject to withdrawal must be returned to the Vendor. To return the products, the Customer must ship the Products within 14 days following the date on which the Customer has submitted the related withdrawal form to the Vendor, Campagnolo S.r.l, Via della Chimica 4, 36100 Vicenza – Italy.
- The direct costs of returning the Products shall be paid by the Customer.
- Where possible, it is advised to return the Products in their original packaging sent by the Vendor.
Refunds - times and methods
- Having received the Products, the Vendor shall check them to ascertain their conformity to the terms and conditions indicated in article 6.
- If the checks are positive, the Vendor will send the Customer an e-mail confirming the acceptance of the Products returned and shall proceed to refund all payments received from the Customer, including delivery costs. On the other hand, the Vendor is not bound to refund any additional delivery costs if the Customer has expressly chosen a delivery method other than the least expensive delivery method offered.
- Whatever means of payment used by the Customer, the Vendor shall arrange for the refund, having checked the correct application of the right of withdrawal, as quickly as possible and in any case within 14 days following the date on which the Vendor has received the notification of withdrawal. The refund may be suspended by the Vendor until receipt of the Products or until the Customer has demonstrated that they have returned the Products, if earlier.
- The Vendor shall refund the amount using the same payment method used by the Customer for the initial purchase, unless expressly agreed otherwise. If the recipient of the Products indicated in the order form and the party making the payment due for their purchase differ, the amounts will be refunded by the Vendor, unless otherwise agreed, to the party making the payment.
- If the methods and terms for exercising the right of withdrawal are not complied with, as specified in art. 6, the Customer shall not have the right to receive a refund of the amounts already paid to the Vendor; however, at their own expense, the Customer may have the Products returned in the state in which they were returned to the Vendor.
- STATUTORY CONFORMITY GUARANTEE
- In addition to the warranty against defects in the products sold, the Vendor provides a statutory conformity guarantee on the products as provided for in Title III, Part IV of Legislative Decree no. 206 of 6 September 2005 (so-called "Consumer Code"). According to this guarantee, the Vendor is responsible for conformity defects on the products sold occurring within 2 (two) years following the delivery of the products.
- Unless otherwise proven, it is presumed that the conformity defects discovered within 1 (one) year following the delivery of the products already existed on that date, unless such hypothesis is incompatible with the nature of the goods or the nature of the conformity defect.
- Legal action against conformity defects not wilfully concealed by the Vendor may not be taken in any case later than 26 (twenty-six) months following delivery of the product.
- In the event of conformity defects, the Customer may, at their discretion, request the Vendor to repair or replace the product, in both cases without any expense, provided the chosen remedy is not impossible or, compared to an alternative remedy, does not imply disproportionate costs for the Vendor. The Customer may also request, at their discretion, a proportional reduction in the price or the termination of the contract in the cases provided for in art. 135-bis of the Consumer Code.
- Recourse to the conformity guarantee is subject to the presentation of the purchasing documents relating to the product. For more information on the statutory conformity guarantee for consumers and to make recourse to the remedies provided for by the statutory warranty in relation to products purchased from the Vendor, consumers may contact the Customer Service.
- APPLICABLE LAW AND SETTLEMENT OF DISPUTES
- The General Conditions of Sale are governed by Italian law and in particular by the provisions of Legislative Decree no. 206 of 6 September 2005, the “Consumer Code”, with specific reference to the provisions concerning remote contracts, and Legislative Decree no. 70 of 9 April 2003 concerning some aspects of e-commerce.
- In the event of a dispute between the Vendor and each Customer, in relation to the General Conditions of Sale, the Customer may access the online dispute settlement platform of the European Commission at the link https://webgate.ec.europa.eu/odr.
- MODIFICATION TO THE GENERAL CONDITIONS OF SALE
- The General Conditions of Sale may be amended at any time by the Vendor, also in consideration of any regulatory changes. The new General Conditions of Sale shall be effective from the date of publication on the Website. Customers are therefore invited to regularly access the Website and, prior to making any purchases, consult the most updated version of the General Conditions of Sale.
10.2. The General Conditions of Sale applicable to each contract concluded by the Customer on the Website are those in force on the date of sending the purchase order.
- CUSTOMER SERVICE
- For assistance with Products, more information, suggestions, complaints and/or further requests, the Customer may contact the Vendor’s Customer Service at any time using the Contacts form or in any of the following ways:
- by telephone: +39 049 8597911
- by e-mail: email@example.com;
- by post: Diana E-Commerce Corporation SRL with registered office in Torreglia (PD) via San Daniele 137/139, 35038.
**Standard withdrawal form
- pursuant to art. 49, paragraph 1, lett. h) of Legislative Decree no. 206 of 6 September 2005 –
(complete and return the form only if you wish to withdraw from the contract)
Diana E-Commerce Corporation SRL
Campagnolo S.r.l, Via della Chimica 4, 36100 Vicenza – Italy.
telephone: +39 0444 225 500, fax: +39 0444 225 400
e-mail address: firstname.lastname@example.org.
- I/We (*) hereby notify the withdrawal from my/our (*) sales contract for the following goods/services (*)
- Ordered on (*)/received on (*)
- Consumer name
- Consumer address
- Signature of the consumer(s) (only if the form is submitted in hard copy)
(*) Delete where inapplicable.