Index:
1. Premises
2. Definitions
3. Scope of application
4. User Obligations
5. Registration on the site and use of identification codes
6. Attributable appearance
7. Purchase procedure and completion of Orders
8. Conclusion and effectiveness of the Contract, refusal and execution
9. Availability of Products. Shipping and delivery
10. Right of withdrawal – Refunds – Exchange of Products
11. Guarantees
12. Applicable law
13. Conciliation and competent court
1. Premises
1.1. These Conditions are adapted to the changes made to the Consumer Code by Legislative Decree 21 February 2014, n. 21, valid for contracts concluded from 13 June 2014. The following Conditions govern the commercial relationships, arising through telematic negotiation, between the company SABOT SRL (better defined below) and those who connect to the site better specified below.
1.2. In compliance with the national, general and special legislation in force on the subject, these Conditions regulate the offer and sale of products (better defined below), marketed and distributed by the seller through the e-commerce platform hosted on the website accessible at 'URL: https://www.sabot.tv which operates with the “B2C” (Business to Consumer) sales channel.
1.3. The ownership and management of the site (better defined below) as well as the ownership of the rights to the domain name www.sabot.tv belong to the Seller, whose data is reported in full on the About page and in the footer of the same website.
1.4. For anything not provided for in these Conditions, please refer to the Privacy Policy and Cookie Policy on the site, as well as other communications published from time to time on the site and/or sent by the seller.
1.5. The seller invites users to carefully read and diligently keep these Conditions and the Policies published from time to time on the Site. These documents can be freely downloaded by users and published by the seller respecting the methods that make it possible to memorize and preserve them at rule of law.
2. Definitions
2.1. The expressions below conventionally indicated with a capital letter (whether singular or plural) have the respective meaning:
(i) Site: www.sabot.tv and the social channels associated with it.
(ii) Seller: the company SABOT SRL, based in Arezzo (AR), Via Crispi, 16, VAT number 01030490518.
(iii) Browser: natural person who lands on the Site while browsing the internet.
(iv) User: Browser who intends to conclude a purchase contract with the Seller and who assumes the status of Consumer, i.e. a natural person who, pursuant to the Consumer Code, acts for purposes unrelated to any entrepreneurial or professional activity turning point.
(v) Privacy Policy: privacy information published by the Seller on the Site, relating to the processing of Users' personal data. The information can be consulted on the Privacy Policy page of the Site.
(vi) Data: the personal data of Users, provided in accordance with the Privacy Policy, for example, by filling out the form to register on the Site or by sending an Order, including gender, date of birth and tax code.
(vii) Product: the good object of the individual Transaction, defined below, understood as an article of clothing, footwear or accessory. The information relating to the Products collected in the relevant data sheets cannot be considered binding for the Seller except in the forms and according to the methods established by the ECGV, always without prejudice to what is established by the Consumer Code and other mandatory legislation. It is specified that each sheet contains the data and information deemed essential to illustrate the characteristics and qualities of the Product; in case of particular needs, for example for suspicions regarding allergies of any kind, it is the User's responsibility to ask the Seller for additional information on the Product, before sending the Order as provided below, by contacting him at the contact details available on the Site ;
(viii) Online Store: electronic commerce platform hosted by the Site. The information contained in the Online Store is available in Italian and in other languages uploaded to the Site from time to time;
(ix) Parties: Seller and each User;
(x) Contract: agreement for the purchase and sale of one or more Products concluded electronically between the Parties pursuant to these Conditions. The Contract is considered conventionally concluded in the place where the Seller has its registered office. The conclusion of the Contract on the Site is reserved for all Users who have reached the age of majority at the time of conclusion in accordance with national legislation.
(xi) Transaction: any operation carried out electronically which gives rise to obligations on the part of the Parties.
(xii) Registration: the free and voluntary operation which involves the release of authentication credentials, represented by a User ID (in the form of an email address) and a Password (in the form of an alphanumeric code), which allow access to the Reserved Area to Users. Registration has the function of uniquely identifying each User in the event of purchases made over time, of allowing better usability of the Site, and of being able to take advantage of the particular advantages and promotions provided from time to time in their favor.
(xiii) Price: the fee for the purchase of each Product, valid exclusively for Users. It is expressed in Euros, indicated in the Product sheet and must be understood as including VAT if due, unless otherwise indicated.
(xiv) Charges: additional charges borne by each User for the purchase of the Product, such as, by way of example, shipping costs (which also include packaging). These charges are in any case specified to the Users before the conclusion of the Contract.
(xv) Financial intermediary: the entity affiliated with the Seller, through which the payment of the Price and Charges can be made (for example, Paypal, a credit institution, etc.).
(xvi) Order: purchase order sent by each User according to the methods established by these Conditions, followed by the Seller's Order confirmation.
(xvii) Delivery: for the purposes of exercising the rights provided for by the guarantees provided by law, this is understood as the physical receipt of the Product by the User, regardless of the entity (logistics or postal operator) that takes care of the related activities. Further information on shipping and delivery methods is provided on the Site.
3. Scope of application
3.1. These Conditions may undergo changes and additions over time. These Conditions are in force from the moment of their publication on the Site. Users are invited to regularly access the Site and check the content of the Conditions, warning that the Conditions in force at the time of receipt of the Order apply.
3.2. These Conditions do not regulate the sale of products and/or the provision of services other than the Products which may be indicated on the Site via links, banners or other hyperlinks.
4. User Obligations
4.1. By accepting these Conditions and concluding the Contract, the User declares to have carefully read the contents of the same Conditions. By sending Orders and making purchases, the User also guarantees that he or she is of age.
4.2. The User also undertakes to:
(i) respect the content of the Policy and the indications contained in these Conditions, as well as printing them, storing them and in any case consulting them before sending each Order;
(ii) use the Site only to consult the Products, to send Orders and/or requests for information regarding the Products and to conclude Transactions;
(iii) enter truthful and correct data during the Registration procedure on the Site and in any further communications sent to the Seller;
(iv) promptly update the data and information provided, directly in the reserved area of the Site or by communication to be sent to the Seller at the email address info@sabot.tv;
(v) do not enter third-party and/or false and/or imaginary data;
(vi) indemnify the Seller from any liability deriving from the issuing of incorrect tax documents due to errors relating to the Data provided by the User, who remains solely responsible for the insertion;
(vii) without prejudice to compliance with all provisions relating to the protection of the industrial and intellectual property of the Seller, the User undertakes not to use the images present on the Site nor to reproduce, publish or disseminate them for commercial purposes, without prejudice to the possible and specific written agreement with the Seller. It is understood that this prohibition is not applicable to social networks and portals that encourage the sharing of images and comments (e.g. Facebook®, Pinterest®, Google+®, Instagram®, etc.), guaranteeing in any case the ownership of rights to the Seller.
5. Registration on the Site and use of Identification Codes
5.1. Users will be able to register by creating a personal account on the Site. To complete the Registration procedure, they are required to complete the relevant form by entering the data provided therein. Said Data is processed by the Seller in accordance with the Privacy Policy which can be consulted on the Site and updated periodically.
5.2. The Navigator is solely and exclusively responsible for the correctness and truthfulness of the Data provided during the Registration and undertakes to keep them updated.
6. Attributable appearance
6.1. The Navigator agrees to apply the principle of "attributable appearance" to Transactions in any case attributable to their activity and their expressions of will and/or consent expressed within the Site.
6.2. By virtue of the principle of attributable appearance, the User will always and in any case be liable for the activity carried out through the use, even abusive, of the Identification Codes attributable to him. The Navigator therefore undertakes to adopt every precaution necessary to guarantee the secrecy and correct use of the Identification Codes, given their personal nature. The Navigator is therefore solely responsible for any activity carried out through the use of the aforementioned Identification Codes. In case of suspected abusive, undue use and/or disclosure to third parties of the Identification Codes, the Navigator is required to promptly notify the Seller in the fastest way deemed appropriate.
6.3. The Seller may therefore legitimately consider the User bound to all the aforementioned expressions of will and/or consent, unless they are clearly vitiated by a factual error (for example, an abnormal order).
7. Purchase procedure and completion of Orders
7.1. To start the procedure for concluding the Contract on the Site, the User can, once consulted the Product sheets of interest, selected and inserted the Products in the "cart", check the summary of the Order including shipping costs and, once chosen the payment method, send the Order to the Seller, electronically, following the instructions indicated on the Site, also in the form of a simple icon to click, and which will accompany the different phases, summarized below.
7.2. The User can place an Order by following the procedure below:
(i) consultation of the Product catalog and verification of the characteristics described in the relevant sheet. The Navigator will be able to access the tab for each Product by clicking on the "choose" button or by clicking anywhere else in the image;
(ii) selection of the individual Product, the size and/or size and/or quantity you intend to purchase;
(iii) possible continuation of the purchase session with the inclusion of further Products in the cart;
(iv) start of the procedure to complete the purchase, which takes place by first clicking on the "Buy" button and, subsequently, on the "View cart" and "Complete order" buttons;
(v) at this point, to complete the Order the User must enter their Data by following - alternatively - one of the following options:
– access to your reserved area if the User is already registered, by entering your login credentials at the top right of the Site page, or
– registration by filling out the form with the creation of the personal data, necessary for completing the Order, including the data for invoicing and shipping;
(vi) once the registry has been created, the User will be able to check the summary of the Order, including any shipping charges, then he will be able to choose the preferred payment method, declare that he has read and accepts the terms of these Conditions and , at that point, proceed with the payment according to the desired method. Failure to accept the Conditions will make it impossible to complete and send the Order;
(vii) at this point the system will automatically send the User an email confirming receipt of the Transaction, with a summary of the Order and other useful information.
7.3. Before completing the sending of the Order, the User is invited to verify its correctness, correcting any errors or missing information.
7.4. The Order remains archived in the Seller's database for the time necessary for processing and, in any case, within the terms of the law.
8. Conclusion and effectiveness of the Contract, refusal and execution
8.1. As provided for in the previous point 7.2 (vii), the receipt of the Order by the Seller and the conclusion of the Contract is communicated via email to the User at the email address provided at the time of purchase and/or Registration . The confirmation message contains the indication of the Order data, the Price, any Product Charges and the payment method chosen by the User.
8.2. The Seller reserves the right to refuse Orders - crediting any amounts already paid by Users: (i) coming from subjects who have violated provisions of the law, the Conditions and other instructions published on the Site, (ii) which are anomalous in relation to the quantity of Products purchased or their frequency; (iii) which are clearly caused, affected and/or vitiated by an error and/or any technical-IT bug of the e-commerce platform, deriving from a use of discount vouchers that does not comply with the relevant regulation, of the Site and any other IT system that directly and/or indirectly interacts with the latter and with the e-commerce platform used by the Seller.
8.3. The Seller begins the execution of the Contract only after having received full payment of the Price and any Charges.
8.4. The Seller fulfills its obligations with the Delivery of the Products within the times indicated in the following article.
8.5. All responsibility in relation to the correct charging of payments made through the systems available on the Site and the processing of the related data (credit card) is exclusively attributable to the financial intermediaries and/or issuing institutions or those that in any case manage the service (for example, Paypal) .
9. Availability of Products. Costs, shipping and delivery
9.1. The User will be able to purchase the Products indicated in the electronic catalog available on the Site, within the limits of the quantity existing in stock. The Product database is constantly updated by the Seller.
9.2. In the event that the desired Product is not present in the warehouse, the Seller undertakes to promptly report this with the possible indication of alternative Products and/or changed delivery times. The User will thus be able to exercise the relevant faculties.
9.3. The times for taking charge of the Order and for entrusting the Products to the agreed courier are a maximum of 2 (two) working days, starting from receipt of payment for the Order. The Seller fulfills its contractual obligations with the delivery of the Products - within this time frame - to the agreed courier. For further details on this matter, including costs, please refer to the Shipping page.
9.4. Without prejudice to the rights in favor of Consumers, the Parties agree to attribute to the Delivery terms a non-essential nature for the purposes of completing the Contract, and they must be considered merely indicative.
9.5. No responsibility can be attributed to the Seller for delayed or failed delivery attributable to force majeure, unforeseeable circumstances or to the courier.
9.6. If the Delivery of the Products to the User fails for any reason, and this results in storage, warehouse or other costs, these will be borne by the User.
10. Right of withdrawal
Pursuant to art. 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to provide reasons and without any penalty, within 14 (fourteen) working days from the date of receipt of the products.
In the event that the User intends to make use of this right he must:
1) check in advance that the Products are intact, not worn or used, in the same conditions in which they were received, with all tags attached and in the original packaging;
2) in the event of positive verification of what is stated in the previous point, you may request a refund of the amount paid or, at the User's choice, a discount voucher that can be spent on other purchases on the Site.
To exercise the right of withdrawal, the Customer must send a communication to this effect to the company SABOT SRL, within the terms indicated, to the following email address info@sabot.tv
To read and view all the information on Withdrawal, also visit the dedicated page: Right of Withdrawal
11. Guarantees
11.1. The Seller ensures the application of the legal guarantee in favor of Consumers-Users of twenty-four (24) months provided by the Consumer Code. For the return of Products that the User judges to be spoiled and/or defective and/or non-compliant, the Seller reserves the right to request the sending of photographs with attached images of the Product for which the guarantee is requested referred to in the Consumer Code, certifying, if possible, the reason for availing the guarantee. If the User's dispute is accepted, the Seller will send a communication with any return authorization and instructions for the return at his/her own expense. In any case, the User is invited to wait for the instructions or any proposals from the Seller before returning the Product. In case of failure to comply with the above conditions (for example, failure to authorize the return, return with a courier other than the one indicated by the Seller), the guarantee will not be applicable or in any case may not operate in whole or in part.
11.2. The Seller asks the User to carefully check the condition of the Product upon receipt and in any case before any use. Any complaint relating to faults and/or defects in the Products must be forwarded to the Seller, via e-mail to info@sabot.tv with attached images of the Product which highlight the alleged fault and/or defect, strictly within eight (8 ) days from delivery, under penalty of forfeiture. Returns will not be accepted unless previously authorized in writing by the Seller, who will examine the returns to verify that the defect exists and is attributable to its own responsibility and only in this case will it replace the Products recognized as spoiled and/or defective at its own expense . Any different guarantee, including by law, and any other provision established by law in favor of the User must be considered excluded and superseded by these Conditions. Notwithstanding the provisions of the Consumer Code (Legislative Decree no. 206/2005), the User will not be able to exercise the right of recourse against the Seller.
12. Applicable law
12.1. Without prejudice to the Consumer's right to enjoy the rights provided by their own legislation, the GCS and all Contracts concluded online on the Site are exclusively governed by Italian law.
12.2. In particular, the contracts concluded by the Seller through the Site are governed by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and subsequent amendments and by Legislative Decree 9 April 2003, n. 70 (“E-Commerce Decree”) and subsequent amendments.
13. Conciliation and competent court
13.1. For any dispute, the court in which the User has his residence or domicile is competent. For all disputes arising from Contracts concluded online, Transactions and Conditions, including those relating to the existence, effectiveness, interpretation, the Seller and the User, before appealing to the aforementioned judicial authority, will have the right to make use of the service of conciliation governed by the regulation of the Conciliation Service of the Chamber of Commerce where the User has his residence or domicile, or of another equivalent conciliation service provided by the Chamber of Commerce or by another entity, authorized by law, to which the User has addressed.
14. Protection of confidentiality and personal data of users
14.1. The Seller protects the privacy of its Users and guarantees that the processing of their Data is carried out in full compliance with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003 n. 196 (“Privacy Code”) and subsequent amendments. By accepting these Conditions, the User declares to have read the Privacy Policy on the Site and to give consent to the processing of their Personal Data as specified therein.