General Terms and Conditions of Sale
- Preamble
- Parties to the Contract
- Consumers’ Rights
- Price of the products
- Availability of products
- Method of purchase
- Methods of payment
- Shipping and delivery
- Intellectual Property Rights
- Protection of Privacy
- Liability
- Law of interpretation and jurisdiction in disputes
- Alternative dispute resolution
1. Preamble
The offer and sale of products on the Arena www.arenasport.com website (hereinafter referred to as the "Site") are governed by these General Terms and Conditions of Sale, i.e. the mandatory contractual terms and conditions that the purchaser (hereinafter referred to as the "Consumer") must read carefully and accept in order to confirm his purchase order. The reference date can be found at the bottom of the last page. Please keep a copy together with the order confirmation.
The Site is intended only and exclusively for retail sale and therefore intended for the exclusive use of consumers understood as such by the legislation protecting Consumers’ rights, i.e. natural persons of full age, capable of understanding and willing, who purchase for personal use and not for the purposes of commercial activity.
We remind you that providing false or incorrect information is against the law.
2. Parties to the Contract
The Site is owned and managed by Arena S.p.A., an Italian company with registered office in Contrada Cisterna no. 84/85, Tolentino (MC) 62029, Italy, P.IVA. 00660160433 (hereinafter referred to as the 'Holder'). The contract for the purchase and sale of Arena products is concluded with Arena Ecom GmbH, a German company belonging to the Arena Group and wholly owned subsidiary of Arena S.p.a., with registered office at Zielstattstrasse 27, Munich, 81379, Germany, VAT no. DE367531178 (hereinafter referred to as "Arena").
For the registration of the purchase by the Consumer and any coinciding returns, Arena may use its own subsidiaries and/or third parties specializing in logistics and payment processing.
3. Consumer's rights
a) Communication
The Consumer may communicate with Arena in the manner indicated on the Site using the 'Contact us' section and by e-mail at eshop@arenasport.com for any information or requests.
b) Transparency and product information
Arena products are described in a clear and detailed manner in their technical data sheets and in their presentation on the Purchase Site, where their intended use, cost, shipping methods and whatever else is necessary to put you in a position to purchase in transparency and awareness. Some features may change over time or be slightly different from what is rendered on the screen (e.g. some colour tones may be different), therefore the Consumer is obliged to pay the utmost attention not only to the online image but also to the description of the product data sheet as Arena will not be responsible for such minor differences.
c) Warranty
In the event of a defect in a product, the Consumer may notify Arena:
1) by following the instructions of the online procedure available at the link https://www.arenasport.com/en_row/returns/new;
2) by writing an e-mail to the Customer Service address: eshop@arenasport.com.
Arena will reply with a return code, which must be quoted in the subsequent correspondence. Arena may request proof of the defect, i.e. at least a photograph of the product, a photograph of the defect detail, the order confirmation sent by Arena and/or the tax receipt.
The defect will be analysed by Arena's specialist technicians and, if ascertained, Arena will proceed:
- to repair it if repair is technically possible without unjustified additional costs;
- replace the defective product with an identical, non-defective product;
- reimburse the full cost of the product if the defect cannot be rectified or replacement is not objectively possible.
The Products whose return has been authorised by Arena shall be returned by the Consumer within 30 (thirty) days from notification of the defect to the following address:
Versandmanufaktur GmbH - C/O Arena - Sintserstraße 9 - 44795 Bochum
Any refund shall be made using the same means of payment used by the Consumer at the time of purchase of the Product.
The Consumer is responsible for any decrease in the value of the Product resulting from unjustified handling or improper use and/or use that does not correspond to the instructions.
The authorisation to return the Products does not in itself constitute recognition of the defect by Arena.
d) Damage from defective products
For any damage caused by a defect in the Products, the provisions of European Directive 85/374/EEC and the relevant national regulations of the Consumer's country shall apply.
In order to expedite and streamline the processing of a claim, it must be specified in writing, with an indication of the cause and photographic or otherwise documentary evidence of the connection between the damage and the defect. Arena reserves the right to demand the return of the product in order to conduct the necessary investigations.
Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must contact us at
Arena Ecom GmbH,
Zielstattstrasse 27,
81379 Munich
E-mail: eshop@arenasport.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to Versandmanufaktur GmbH - C/O Arena - Sintserstraße 9 - 44795 Bochum immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
We will bear the cost of returning the goods.
You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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Sample cancellation form If you wish to withdraw from the contract, please complete this form and return it to us. To Arena Ecom GmbH, Zielstattstrasse 27, 81379 Munich, eshop@arenasport.com: I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*): Ordered on (*)/received on (*): Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (only in case of notification on paper) Date (*) Delete as appropriate. |
End of the cancellation policy
The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Without prejudice to the right of withdrawal referred to above, the Consumer has the right to return the purchased goods within 30 days of receipt specifying the reasons for the return by contacting Arena Customer Service at the e-mail address eshop@arenasport.com and/or by filling in the online form at this web address for the return of the product https://www.arenasport.com/en_row/returns/new.
If the order concerns several products delivered on different dates, the 30 days shall run from the date of delivery of each product.
Following the request, Arena shall provide a return code which is to be used in subsequent correspondence in which, depending on the reason for the return, Arena shall be entitled to request photos of the purchased item.
Following return, the Consumer shall be entitled to a refund of the payments made, with the same means of payment used by the Consumer for the initial transaction (unless the Consumer requests a refund with a different means of payment).
The reimbursement shall include the return shipping costs, unless the Consumer chooses a means other than the least expensive means offered by Arena and, in the case of a cumulative order of several products, only if the order is returned in its entirety.
Any additional costs shall be borne by the Consumer.
The product must be in unworn/unused condition and its packaging must be returned intact and complete with all its elements and accessories, including labels and tags still attached, leaflets/notices/instruction manuals and anything else present on delivery, under penalty of non-refund. The right of return is not recognised in the case of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
4. Price of the Products
The price of the Products is the price indicated on the Site at the time the purchase order is sent.
The price includes standard packaging costs, VAT (if applicable) and indirect taxes (if applicable).
The price does not include shipping costs, which will be indicated before the order is confirmed. The Consumer shall pay these costs in addition to the total price indicated in the order and in the order confirmation.
If the Products are to be delivered to a country outside the European Union, the total price does not include any customs duties or other sales taxes required in the country of delivery. The Consumer agrees to pay these charges in addition to the total price indicated in the order and order confirmation.
Rarely, it may happen that due to a technical error the price is unreasonably low in relation to the value of the product (e.g. a 0 is missing from the total price). In such a case, please contact Arena to verify the error, as in this case the rules of good contractual faith apply, under which Arena shall be free to take action to exercise its rights and cancel the order.
5. Availability of products
The Site can be accessed from all over the world, but delivery can only be made to the countries listed under https://www.arenasport.com/en_row/faq/delivery/what-countries-do-you-ship-to.html and in particular to the country of residence, selected by the Consumer at the time of initial access to the Site or at another time determined during access to the Site.
In the event that, for objective reasons, the product is not available despite a successful order, the Consumer will be promptly notified by Customer Services by e-mail. In this case, Arena shall be free to cancel the order and refund any payments made by you through the payment method used to make such payments.
6. Terms of purchase
After carefully reading all the product information and making the choice of what he intends to purchase, the Consumer will be directed to a virtual shopping cart where he can check all the information on the products purchased before finalising the purchase with the "buy now" button.
Once the selection of the products in the shopping cart has been completed, in order to carry out the purchase of the products placed therein, the Consumer shall
a) register on the site by providing the required identification data and obtaining access credentials for possible future accesses
or
b) if already registered on the site, log in with his/her access credentials
or
c) if he/she is not already registered and does not wish to register, provide the data required to conclude the purchase and deliver the product.
The Consumer is required to check the purchase order summary very carefully.
If the data indicated in the order are different from those provided when registering on the Site, he will be asked to confirm or update them so that they are correct and coincide.
The Consumer shall indicate his/her name and surname, the delivery address of the products chosen, the billing address if different from the delivery address and, optionally, a telephone number where he/she can be contacted for any communications from Arena.
The Consumer will see a summary of the order with the possibility of confirmation and choice of delivery options and means of payment.
By clicking on the button to finalise the purchase, the Terms of Sale being read will be definitively accepted.
You will then be asked for final confirmation of the order, which will be sent to the Vendor and will produce the effects of this contract, which shall be deemed to be accepted in full by the Consumer.
For this reason, we renew our recommendation to read this document carefully and to keep a copy of it.
Each purchase contract for the Products shall be deemed concluded at the time when the Consumer receives the order confirmation from Arena by e-mail.
Together with the transmission of the purchase order, the Consumer accepts the confirmation of the information relating to the order placed.
7. Method of payment
The Consumer may choose to pay with one of the digital payment methods listed on the order page.
Payment can be made by credit card, PayPal, Apple Pay and other payment services.
Payment will take place via secure connection on a platform specialised in the process of handling and authorisation of payments, according to the highest security criteria.
Arena reserves the right to verify the data provided by the Consumer.
Arena reserves the right to permit further payment methods or to remove those already provided, indicating these in the payment section of the Site. It will only be possible to finalise payment if all data required for this purpose have been provided.
Payment of the price of the Products purchased via the Site is simultaneous with the purchase.
The Consumer expressly accepts that the execution of the contract by Arena shall commence at the moment when the total cost is credited to the bank account of Arena. The Products shall enter into the full ownership of the Consumer upon confirmation of payment.
Arena shall promptly provide the Consumer with a valid tax document as proof of purchase.
8. Shipping and delivery
The Site indicates the availability of the Products, times and countries of delivery.
Events beyond the control of Arena may occur which make it impossible to comply with the delivery terms. In these cases, Arena will cancel the order with written communication to the Consumer and will refund any sums already paid with the same method of payment chosen by the Consumer for the purchase.
The shipment of the Products ordered by the Consumer shall take place according to the methods chosen by the Consumer, among those available and indicated on the Website at the time of sending the order.
The Consumer undertakes to verify promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform Arena if this is not the case.
In the event that the Products are not those purchased, the Consumer shall inform Arena without delay at eshop@arenasport.com in order to agree the return. If Arena becomes aware of the error before the Consumer is informed, the latter must be informed promptly in order to arrange the return by means of the return procedure referred to above.
Should the wrapping or packaging of the products ordered by the Consumer arrive at their destination obviously damaged, the Consumer shall be requested to refuse the delivery by the carrier/freight forwarder or to accept the delivery "with reservation".
9. Intellectual property rights
All trademarks, product and/or collection names, any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products and any other intellectual property right are and remain the exclusive property of Arena, therefore any form of reproduction, appropriation or use in an identical or similar form is strictly prohibited.
The same applies to the contents of the website, which may not be reproduced, transferred, changed or used in any way, as they are the full and exclusive property of Arena.
Any violation of this provision will be prosecuted through the competent authorities.
10. Protection of privacy
The Consumer's personal data will be processed by Arena in compliance with the General Data Protection Regulation (GDPR) EU no. 2016/679 and its possible subsequent amendments, as well as with the relevant national legislation, as specified in the privacy policy provided through the Site at the time of access, registration or purchase and available in the privacy section of the Site at the following link: https://www.arenasport.com/en_row/privacy-policy.
Processing activities that are not necessary for the execution of the contract shall only be carried out with the express consent of the Consumer.
11. Liability
Arena shall be liable without limitation for intent and gross negligence in the event of injury to life, limb and health of persons.
12. Law of interpretation and jurisdiction in case of disputes
Every sales contract concluded between Arena and the Consumer on the basis of these General Terms and Conditions shall be governed by and interpreted in accordance with the relevant national laws for Consumer protection in the field of e-commerce and, where these are not mandatory, in accordance with German law.
Purchases made by persons who do not qualify as Consumers shall not be subject to the regulations provided for Consumer protection, including those on the right of withdrawal and warranty, and Italian law shall apply exclusively, regardless of the domicile or residence of the non-Consumer purchaser, with jurisdiction of the Italian Court of Milan in the event of a dispute.
13. Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution. This offers Consumers the opportunity to initially resolve disputes relating to their online orders without the involvement of a court. The dispute resolution platform is accessible via the external link http://ec.europa.eu/consumers/odr/.
Arena undertakes to resolve any differences of opinion arising from the contract by mutual agreement. Apart from this, Arena is not obliged to participate in alternative dispute resolution procedures and unfortunately cannot offer consumers participation in such procedures.
Date: 09/09/2024