Terms and conditions
These terms and conditions of sale (hereinafter this “Agreement”) governing orders placed on the www.putmeon.eu website (the “Web Site”) are hereby entered into between:
FASHION SPORT DESIGN di Carlo Finardi Nobile – Corso Milano, 63 – 35139 Padova (IT) – P.I. 05404130287, (hereinafter “We”, “Us”,“Our” or the “Vendor”)
Any natural person who places an order via the Web Site for goods which the Vendor offers for sale on the Web Site (hereinafter the “Order(s)”), on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or in return for consideration (hereinafter the “User”, “You”, “Your” or the “Customer(s)”).
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
By placing an Order, the Customer agrees that its relationship with the Vendor concerning the preparation, conclusion and performance of any Order shall be governed by this Agreement as well as by the Terms and Conditions governing the Use of the Web Site which apply upon placing any Order and which shall be deemed to constitute, together with this Agreement, a single, indivisible contractual whole governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on the Web Site and any terms and conditions of the Customer.
1. Purpose, Applicable Law and territories
This Agreement sets out the terms and conditions governing the sale of goods offered by the Vendor on the Web Site, between the Vendor and the Customer. This Agreement governs the conditions under which Orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Customer’s right to change their mind after placing an Order, in compliance with the terms of this Agreement and the law governing this Agreement.
The Vendor shall be entitled to alter its terms and conditions of sale at any time. The terms and conditions of sale governing the relationship between the Parties in respect of an Order shall be the version which was online at the time the Customer placed the Order and which was expressly accepted by the Customer upon placing the Order, those terms and conditions of sale constituting this Agreement.
1.2. Applicable law, settlement of disputes and language of this Agreement
The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by Croatian law. Any dispute arising in connection with the interpretation or performance of this Agreement shall governed by the exclusive jurisdiction of the Croatian courts.
If the Customer is an EU consumer, the Customer will benefit from any mandatory provisions of the law of the country in which the Customer is resident. Nothing in this Agreement, including the paragraph above, affects Customer’s rights as a consumer to rely on such mandatory provisions of local law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Additional Dispute Information for EU-Members: The European Commission provides a platform for Online Dispute Resolution (ODR), available at: http://ec.europa.eu/consumers/odr/.
Any Order placed on the Web Site may only be validly concluded between the Vendor and a Customer residing in the European Union.
2.1. Placing an Order
During the ordering procedure the Vendor will ask the Customer to confirm that the Order is correct before the Customer proceeds to the checkout. If the Order is not correct, the Customer can revisit the Order and correct the mistake before submitting the Order to the Vendor. It is the Customer’s responsibility to ensure that the Order is correct.
The Customer must read and expressly accept this Agreement prior to placing any Order on the Web Site. Customers may save or print out this Agreement which applies to their Order. When Customers are ready to finalise an Order, they may print out a summary statement of such Order. Therefore we invite the Customer to carefully read these General Terms and Conditions of Sale before proceeding with any purchase. By making any purchase, the Customer fully accepts these General Terms and Conditions of Sale.
2.2. The Customer’s acceptance of this Agreement
The Vendor shall only fulfil Orders received via the Web Site. The Orders are due to be delivered in the European Union territory.
Once the Vendor receives an Order placed by the Customer, the Vendor shall (subject to the goods being available) send a detailed order acknowledgement message to the Customer stating the total amount being billed to the Customer including all taxes, as well as the amount of VAT which is being charged and the delivery terms applicable to the Order (the “Acknowledgement”)..
Any goods and their prices shall only apply to Orders placed by Customers as long as they are visible on the Web Site during the placing of an Order by a Customer.
2.3 Custom article
The conditions for customization: for customized items we reserve the right, at our discretion, to verify the customization options requested, for example because it contains a trademark owned by third parties, or names / denominations that the customer (or FASHION SPORT DESIGN ) has no right to use, or because we consider its content inappropriate. In the event that any option of the customization client is refused we will notify you as soon as possible by e-mail.
Consumer responsibility: The customization of the item (model, color combination, etc.) must be created by the customer. If this is not the case, the customer guarantees to be authorized to use the design or personalization created by others.
It is important that you understand that while we have the right to refuse customer customization or design, the customer is solely responsible for them and we have no obligation to review or reject your design or personalization.
3. Description of the goods and applicable prices
3.1. Description of the goods
The Customer may, prior to placing an Order, peruse the essential characteristics of the goods which they intend to order on the Web Site.
3.2. Applicable prices
By placing an Order, the Customer accepts the prices and descriptions of the goods which are offered for sale on the Web Site.
The prices which are quoted next to each item offered for sale shall be shown in Euros (€) or in Pounds sterling (£) depending on the territory and include Value Added Tax (VAT), but exclude shipping and delivery costs. The prices of the goods that are the subject of an Order shall include VAT at the rate applicable on the date that the Order is placed in the territory where the Customer resides and where the Order is delivered.
The Vendor shall be entitled to modify the sale prices of its goods at any time. Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, such changes may be passed on as part of the sale price of the goods on offer on the Web Site.
However, the Vendor shall only charge the Customer the prices and taxes indicated to the Customer set out in the Acknowledgement. Moreover, the Customer shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and upon placing their Orders.
If the Customer’s currency is different from the currency in which the prices are quoted, the Client’s bank will apply the exchange rate in effect on the date of purchase. The bank may apply a different exchange rate, which is beyond our control.
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the Customer.
Discounts may only be used by the Customer to whom they are granted and shall not be transferable to third parties. They shall be subtracted from the value of the Customer’s Order including VAT but excluding the costs of shipping and delivering the Order. Unless otherwise mentioned in a specific Discount offer, the Customer shall be barred from using several Discounts cumulatively when placing a given Order.
3.4. Purchase vouchers
Any purchase vouchers which are acquired by a Customer in the course of prior purchases of goods from the Vendor (hereinafter the “Purchase Vouchers”) may only be used by that Customer and shall not be transferable to third parties. They shall only be valid subject to the terms and conditions which are laid down by the Vendor and disclosed to the Customer, such as those concerning their period of validity, and may only be redeemed against goods. Unless otherwise provided for by a given Purchase Voucher, Purchase Vouchers may not be used cumulatively with other Purchase Vouchers or with a Discount. Purchase Vouchers may not under any circumstance be converted into their cash equivalent and paid or reimbursed to the Customer.
The value of a Purchase Voucher must be used and consumed in full as part of a single Order and may not therefore be divided between several Orders.
Should the value of a Purchase Voucher be lower than the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Customer shall have to pay the difference between the two amounts involved as well as the shipping and delivery costs of the goods ordered.
4. Terms of payment
4.1. Payment currency
The currency used to pay for Orders shall be Euro (€),
4.2. Terms of payment
The Customer must pay for goods when it places the Order. The Customer may pay for their Orders online using any of the following cards: Carte Bleue, Visa and Mastercard, and by providing their card number and expiration date, as well as the three last digits of the number shown on the back of their bank card.
An immediate reimbursement on the Customer’s bank account in case of unavailability of a good shall not give any right to compensation to the Customer.
4.3 Data processed by the Vendor
When paying for an Order, the Customer provides the Vendor with an implied warranty that the Customer has the requisite authorisation to use the payment method the Customer elected upon placing their Order. Any Acknowledgement issued by the Vendor shall be subject to approval of the Customer’s payment by the relevant electronic payment validation server. Should the Customer’s bank reject the payment, the Order shall not be accepted and there shall be no obligation on the Vendor to dispatch the goods. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Customer’s payment method to a third party for verification purposes.
The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus the Vendor may verify any Order whose delivery address is different from the Customer’s billing address. In doing so, the Vendor may ask the Customer to provide further information and documents required for the Order to proceed: evidence of the fact that the Customer and/or the person whose name was provided does indeed reside at the delivery address, the Customer’s bank details, etc. These requests shall be forwarded to the Customer either by e-mail.
The bank account linked to the payment method used by the Customer shall be debited as from the finalisation of the Order by the Customer on the Web Site. The Vendor shall be entitled to suspend or cancel any Order and/or any delivery, whatever the nature or state of progress thereof, if any monies due by the Customer are not paid in full, or if there are any other problems with the Customer’s payment (“Incident”).
4.4 Data processed by the bank handling the payments
For the purpose of ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of the Customer’s bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet.
The data regarding the means of payment of the Customer set out in the Order shall be handled securely by the Vendor’s payment provider, under its sole responsibility, in order to process and authorise payment for the Order and analyse the banking transaction as part of the measures taken to combat credit card fraud.
4.5 Cancellation of the order before delivery
Orders can be canceled and modified free of charge and without justification, on conditions that have not yet been put into production or already shipped. If the Customer wishes to cancel his order he must first check the status of the order by contacting Customer Service.
If the result is positive, an e-mail will be sent and the cancellation will be free. If it is not possible to proceed with the cancellation, the items will be delivered and the Customer will be able to return them only in compliance with the withdrawal and return procedures.
For security reasons, and in a bid to prevent bank card fraud, the billing address and delivery address of any given Order must be located within the European Union territory. The goods ordered shall be delivered by the transport operator to the postal address of the Customer set out in the Acknowledgement. The estimated delivery date shall be set out in six (6) working weeks from the order confirmation
The information on the availability of personalized and non-personalized items, or the estimated time of sending and delivery of the same, is to be considered purely indicative and cannot be completely relied upon. Once we receive your order, we will notify you by e-mail if some of the items you have ordered are not available or if they require delivery times other than those indicated in the order.
If the goods ordered by Fashion Sport Design were to be delivered outside the European Union you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be your responsibility. We have no control over these costs and cannot predict the amount. Customs policies vary considerably from country to country and the customer should therefore contact the local customs office for further information. Please also note that the order on the site is considered as an import and therefore the customer is required to comply with all the legislation and regulations of the country in which he will receive the goods. We would like our international customers and customers who ship items abroad to be aware that cross-border deliveries are subject to opening and inspection of items by customs authorities.
5.4 Delivery terms
The Vendor shall entrust the transport operator (carrier) with the task of transporting the goods.
If the Customer orders more than one good, different packages will be able to be delivered on different dates.The simple overrun of the delivery time does not give any right to compensation.
5.5 Delivery tracking upon issuing an Acknowledgement, an order tracking number shall be provided to the Customer to enable the latter to track the progress of the delivery of their Order. The Customer may either:
• Type the order tracking number of their Order in the parcel tracking area of carrier’s web site.
5.6 Presentation of the package to the Customer
Upon delivery, we invite the customer to check that the packaging has not been damaged. If the articles appear to have been damaged, we invite the customer not to accept the shipment. The goods will be the Customer’s responsibility from the completion of delivery.
6.1. Customer withdrawal from Orders placed on the Site and related terms.
The Customer has fourteen (14) days from the date of delivery to exercise the right of withdrawal, without any reason.
In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent before the 14-day period expires.
To exercise the right of withdrawal, the Customer must return the ordered products following the instructions provided on the Return Form contained in the package delivered and better specified below. If the return label is lost, the Customer must contact customer service at the support
Products returned by the Customer to the Seller must be sent to:
FASHION SPORT DESIGN d.o.o. Jadranska 11 – 52470 Umag – Croazia
OIB n. 69754437337
The customer can choose to use the courier of his choice.
The costs of returning the products to the Seller are entirely borne by the Customer.
The Seller will proceed with the refund using the same payment system used by the Customer for the initial transaction; in any case the refund will not entail any cost for the Customer. The Seller will proceed with the reimbursement within thirty (30) days (varying terms depending on the banks), from the moment of the recovery of the goods or on presentation of proof from the Customer of the shipment of these goods, taking into consideration the first of these events.
The Seller will reimburse the Customer all sums paid, including the price of the Products subject to withdrawal, as well as the cost of delivery of the products ordered by the Customer, as the case may be. to the value of the product or products involved in the withdrawal. The additional delivery costs associated with the Customer’s choice of a delivery method other than the standard will not be reimbursed.
The Customer is required to return the items to the Seller within 14 days from the day on which you notified the withdrawal. The Customer could be held responsible for the decrease in the value of the goods resulting from the manipulation of the same (different from that necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the event of:
– supply of tailor-made or clearly personalized items;
6.2. Return policies
In addition to the rights deriving from the law, the Customer has thirty (30) days free from the date of delivery / collection of the product or products purchased on the Site www.putmeon.eu, to return the products ordered under the following conditions:
The Customer’s request will be accepted only if:
• The products are not personalized following a request from the Customer;
• returned products are not obviously damaged or unsuitable for re-marketing;
• the returned products are accompanied, at the time of return, by the proof of purchase.
If the aforementioned conditions are met, the change or refund will be made by the Seller with reimbursement only of the purchase price using the same payment system used by the Customer for the initial transaction.
The risks deriving from the transport and the return costs will be at your exclusive expense. These provisions are additional and do not affect your rights under the law, nor the right of withdrawal within 14 days described above.
6.3. Legal guarantees
• The guarantee is available for two years from the date of delivery of the goods and can choose to repair or replace the goods
• It is exempted from providing proof of the existence of the lack of conformity in the first six months following delivery. The legal guarantee of conformity applies regardless of any special guarantees agreed.
To be able to exercise the rights related to the guarantee, the defect must manifest itself within two years from the delivery of the goods and the Customer is obliged to report the defect to the Seller within two months of its discovery by contacting Customer Service.
The complaint is not, however, necessary in the event that the Seller has already acknowledged the existence of the defect.
If the goods are not compliant due to obvious manufacturing defects, the Customer has the right to replace or repair the goods and may request to provide for the replacement or repair, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the ‘other.
In the event that the repair or replacement is impossible or excessively burdensome, the Customer may request a reduction in the price or termination of the contract, which entails the return of the goods and reimbursement of the price paid. However, if the defect is slight and it is not possible or it is excessively burdensome to carry out the remedies for repair or replacement, there is no right to terminate the contract.
The Seller undertakes to provide the remedy (repair or replacement) requested by you, but proposing different solutions to solve the problem. In this last case the Customer is free to accept the proposal received or to request one of the remedies expressly provided for by the Consumer Code.
To the extent permitted by law, the Seller declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than the European Union.
The Seller will also not be held responsible in the event of non-substantial differences between the goods purchased and their illustrative images and the text descriptions published on our site.
Except in the case of fraud or gross negligence, the Seller is solely responsible for any direct and foreseeable damage at the time of the conclusion of the sales contract. It is therefore not responsible for any losses suffered, lost profits or any other damage that is not an immediate and direct consequence of its non-fulfillment or that was not foreseeable when the sales contract was concluded.
If the Vendor fails to comply with this Agreement, the Vendor will be responsible for any loss or damage the Customer suffers that is a foreseeable result of the Vendor’s breach of contract or negligence. The Vendor shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Vendor’s breach or if they were contemplated by the Parties at the time of placing the Order.
The Vendor only supplies goods for domestic and private use. Accordingly, the Vendor has no liability to the Customer for any loss of profit, business, business opportunity or business interruption.
8. Electronic Signature, Proof and Electronic Storage
The Customer’s online disclosure of their bank card number and final confirmation of the Order shall constitute evidence of the integrity of the Order and shall give rise to the Customer being liable to pay the entire value of the Order.
The Vendor shall for as long as reasonably necessary store all Order Forms, Acknowledgements and invoices on a reliable and durable medium so as to retain an integral and durable copy thereof.
In the event that the Customer becomes aware of a fraudulent use of their bank card by a third party, the Customer should notify the Vendor as soon as possible by sending an e-mail to customer service, stating the number of the bank card involved and the date of the Order, and providing evidence of their identity. The provision of this information shall not give rise to any right to compensation of the Customer nor to any duty upon the Vendor to reimburse the Customer.
Where applicable, the Customer may request compensation or reimbursement from the bank which issued their bank card in keeping with the provisions of the applicable laws and with the terms of the contract between the Customer and the bank.
In the event of non-fulfillment by you of these General Terms and Conditions of Sale, our failure to exercise the right to act against the Customer does not constitute a waiver of our action to violate the commitments made by the Customer.
10 Minors of age
If you are under sixteen (16) years of age, you may use our purchasing site solely and exclusively by involving a parent or guardian
11 Purchase ban for resale
The www.putmeon.eu online shop is intended exclusively for the sale of items of Fashion Sport Design to end consumers and it is therefore strictly prohibited to purchase items for resale. Purchase for resale means the purchase of items from Fashion Sport Design by those who resell, or intend to resell, items of Fashion Sport Design to others (consumers, companies or third parties). Where Fashion Sport Design believes it is involved in the purchase for resale, Fashion Sport Design reserves the right to take measures against you, including, but not limited to, canceling your orders and / or suspending or closing your account.
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