Conditions of sales
1.1. These general terms and conditions of sale shall apply to the purchase of "Arena" brand products (hereafter referred to as "Products") via the e-commerce website www.arenasport.com (hereafter referred to as the "website") by users falling under the definition of "Consumers" pursuant to article 1.2 below. The Website, which is the property of Arena Italia S.p.A., with registered office in via C.da Cisterna, 84/85 62029 Tolentino (MC) Italia, tax code, VAT no. and Tolentino Business Register enrolment no. 00660160433 (hereafter referred to as the "Owner"), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereafter referred to as "TRIBOO DIGITALE").
1.2. TRIBOO DIGITALE sells the Products on the Website on behalf of the Owner. The Parties involved in the purchase of Products via the Website shall be TRIBOO DIGITALE as the Seller (hereafter referred to as the "Seller ") and the party purchasing one or more Products, for reasons other than the profession, business, trade or craft of the said party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").
1.3. The Owner is not a party in these general terms and conditions of sale, but holds all rights to the Website's domain name, logos, registered trademarks relating to the products available on the Website and holds all the copyrights related to the Website and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel etc., shall be sent to the Seller at the addresses given on the Website and in accordance with the procedure also set down on the Website and to the e-mail address email@example.com.
1.5. All purchases are regulated by the general terms and condition of sale published on the Website at the time the order is made by the Consumer.
1.6. The Website deals with retail sales and as such is designed for exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Website. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable bearing in mind what is foreseen by the said terms and conditions:
- the withdrawal right referred to in article 10 shall not apply to the buyer;
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the person in question when registering with the website or making a purchase.
1.8. Consumers must be aged 18 or over to make purchases on the Website and be legally authorised; the Consumer declares compliance with these requirements.
1.9. The Customer shall be charged for any costs incurred to connect to the Website via the Internet, including any telephone expenses, according to the rates applied by the service provider chosen by the person in question.
2. Product features and availability in the various geographical areas
2.1. The products are sold by the Seller with the features described on the Website and in accordance with the general terms and conditions of sale published on the Website at the time of the order, excluding all other terms or conditions.
2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Website. Any amendments shall come into force from the date on which they are published on the Website and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Website and/or the characteristics of these products are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries listed on the Website.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Website shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of the said order; by placing an order with the Seller the Consumer undertakes to fully accept these terms and conditions without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of them by clicking on the 'print' button and to save or keep a copy of these terms and conditions for their own record. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order to the address given to the Seller when registered on the Website or during the order process if the Consumer has not registered on the Website; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of them by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Product selection and purchasing procedure
4.1. The Products displayed on the Website can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Website, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided while registering with the Website, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the chosen Products, the billing address and, on an optional basis, a telephone number at which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, so that it can be changed: at this point, the Consumer will carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Website pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address email@example.com.
4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:
- if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;
- if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer to either (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Website, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notification about returning the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Triboo Digitale c/o Arvato - Via Lombardia 21 - 24060 Telgate (BG) - ITALY, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller- If the Consumer chooses the option stated in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.
5. Delivery and acceptance of goods
5.1. Whilst the Website generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding for the Seller.
5.2 The Seller undertakes to do everything within their power to comply with the delivery times given on the Website and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller because the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in greater detail in art. 5.3 below. If the Consumer has chosen to pay by bank transfer, delivery time will run from the receipt of the bank transfer by the Seller.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Website when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will result in the Products being deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery "with rights reserved".
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Website at the time the order is placed by the Consumer. Product prices shown on the Website are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Website.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of the products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, for whatever purpose, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that should, at the time the order is placed with the Seller, the former be unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Website shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that the Seller will undertake the contract from the moment the price of the purchased product/s is credited to the Seller's bank account.
7.2. Payments for orders placed on the Website can be paid for by credit card or PayPal under the conditions stipulated below. The Seller may also allow other payment methods, as seen in the specific payment section of the Website.
7.3. When payment is by credit card, the Consumer will be transferred to a secure website and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller should the Consumer use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process if the products are to be delivered to a recipient in Italy or attached to the purchased product in paper format in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and action taken under warranty
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects and conform to the descriptions published on the Website for a period of 2 (two) years from the date when the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product on information leaflets, tags or labels.
8.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months from acknowledging their receival, sending the relative form to the Customer Care Service at firstname.lastname@example.org [click here to download the Returned Goods Form], clearly indicating the defect and/or non-conformity detected, along with any relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner's service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at their own discretion, decide whether to grant authorisation for the Products to be returned, replying to the Consumer via e-mail containing the "Returned Product Code" to the address provided by the Consumer when registering with the Website or placing the order. Authorisation to return the Products shall, under no circumstances, infer acknowledgement of any defects or non-conformity; this will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code", within 30 (thirty) days from the date when the defect or non-conformity was reported to the following address: TRIBOO DIGITALE S.r.l., c/o Arvato - Via Lombardia 21 - 24060 Telgate (BG) - ITALY.
8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be made, if possible, using the same payment method used by the Consumer to purchase the product or by bank transfer. The Purchaser will be responsible for sending the Seller their bank details using the same e-mail address email@example.com, so that the Seller can make the refund.
9. Defective Products Liability
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - (Consumer Protection Code) are applicable for any damages caused by defective products. The Seller, as the distributor of the products on the Website, disclaims all liability without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.
10. Right of withdrawal - Information Notice
10.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 30 (thirty) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
10.2 To exercise the right of withdrawal, the Consumer must notify Triboo Digitale, within the deadline indicated in paragraph 10.1 above, sending an explicit declaration to Triboo Digitale using the contact form or email address firstname.lastname@example.org, of their intention to exercise the right of withdrawal using the withdrawal form enclosed.
Extended Christmas returns policy: items purchased online between 15th November and 25th December, can be returned until the 31st January.
10.3 Upon complying with the requirements in paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing the RMA code. Within and no later than the following 14 days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.2 and return the products to Triboo Digitale, together with the form referred to in paragraph 10.2, duly completed and bearing the RMA code, addressed to:
Via Lombardia 21
24060 Telgate (BG) - ITALY
10.4 If the Consumer has received the product, they are required to return it to Triboo Digitale without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the goods are returned before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
10.5 If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your opting for a different type of delivery than the least expensive form of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred from this alternative means of payment. We may withhold the refund until we have either received the returned goods or the Consumer has supplied evidence of having dispatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from handling them in any other way than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), with any parts and accessories missing (including labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product and only be entitled to a refund equal to the residual value of the Product. For this reason, it is highly recommended that Consumers only handle the product as strictly necessary for establishing its nature, characteristics and functioning and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from being written on or labelled.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs, as well as any names, images, photographs, written text or graphics used on the Website or relating to the Products, are and remain the exclusive property of Arena Italia S.p.A. and/or its assignees, with no rights in relation to these products being attributed to the Consumer as a result of accessing the Website and/or purchasing the Products.
11.2. Unless prior specific consent is granted in writing by Arena Italia S.p.A., no contents of the Website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Arena Italia S.p.A. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code (Personal Data Protection Code), to process each purchase via the Website and, upon granting their consent, for any other purposes as stated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer through the Website during the registration process.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any time, to update and/or amend the personal data submitted to the Seller via the "My Account" section on the Website, which can be accessed after logging in.
13.1. While the Seller will take all the necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. As far as data regarding payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service NV, which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.1. The General Sales Terms and Conditions for any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in force and, in particular, with Legislative Decree no. 206 of 6th September 2005 regarding the Consumer Code, with specific reference to regulations concerning long-distance contracts, and by Legislative Decree no. 70 of 9th April 2003 regarding certain aspects of electronic commerce. This in no way undermines any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement that Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the opportunity to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the Internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court settlements that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes arising from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU with the help of one of the ADR (Alternative Dispute Resolution) bodies shown on the list provided. For further information on the European ODR Platform or to submit a complaint and start alternative termination procedures concerning a dispute relating to this contract, please use the following link: https://ec.europa.eu/odr. The Seller's email address to be sent to the European ODR Platform is the following: email@example.com.
14.4. If no settlement attempt is made, as under section 14.2-14.3, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this is inapplicable due to binding provisions in force in the Consumer's country of residence.