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1.1 The present GTCs regulate the sale of the Products from SAP to the Costumer through the Platform.
2.1 In the present GTCs, the following terms have the meaning ascribed to them hereunder and it is understood that the terms defined in the plural has the same meaning in the singular and viceversa:
Consumer means a Customer who is a “consumer” according to art. 3, first paragraph, let. a) of the Consumers Code;
Consumers Code means the Italian Legislative Decree 6 September 2005 n. 206;
Customer means the individual or legal entity who purchases the Product from SAP through the Platform;
GTCs means the present general terms and conditions;
Parties means the SAP and the Customer jointly;
Party means the SAP or the Customer as the case may be;
Platform means the e-commerce platform available on www.sapfighting.com (or any other Internet address as SAP will choose from time to time) owned or managed by SAP for the online sale of the Products;
Price means the consideration for the sale of the Product expressed in the Product Description;
Product means martial arts wear, technical clothing, sports wear and protective equipment for the sport sold by SAP through the Platform;
Product Description means the description of the Product (including technical features and economic details) available on the Platform which is to be considered as an invitation to offer;
SAP means SAP S.r.l., with registered address in Torino (Italy), Corso Racconigi n. 16, registered to the Registry of Companies of Torino, registration number TO-1221967, VAT number 08747920968.
3.1 The present GTCs:
(a) apply to all of the sale of Products made by SAP through the Platform;
(b) bind the Parties;
(c) substitute and enter into any possible other Customer’s general terms and conditions or contract models.
3.2 The GTCs regulate the relationship between SAP and the Customer and do not create rights in favor of third parties.
3.3 The Customer acknowledges that SAP may amend the GTCs from time to time, for example due to compliance with new laws. The purchase of the Products will be regulated by the GTCs in the version effective at the moment of the order made by the Customer.
4.1 Surfing of the Platform and exam of the Product Description do not require any registration to the Platform.
4.2 The Customer acknowledges that registration to the Platform is necessary to place orders of the Products.
4.3 During the registration process, the Customer will be required to provide several personal data to SAP. Such data are necessary to properly manage the order and the shipping of the Products.
4.5 The Customer acknowledges that SAP sells the Products through the Platform only to legal entities or individuals of age 18 or above. Therefore, the Customer undertakes to type correct and truthful data during the registration process to the Platform.
5.1 The Customer acknowledges that the Product Description is an invitation to offer.
5.2 The Customer may add one or more Products to the virtual basket and send the relevant order to SAP. Then one or more new pages summarizing the chosen Products will appear showing prices and details as well as shipping methods and costs.
5.3 Then, by clicking on the button “Purchase Now”[RB2] , the Customer will send one or more orders to SAP for the chosen Products. SAP will consider the order and, if accepted, will send to the Customer an order confirmation which may be preceded by an email confirm receipt of the Customer’s order. The Customer acknowledges that an order can be refused for several reasons including lack of availability of the Product and price changes.
5.4 Purchases on the Platform must be consistent with the usual needs of the Customer in relation to both quantity and frequency.
5.5 The Product Description shows if the Product is available or not but the Customer acknowledges that such information may not be accurate or updated.
6.1 Products prices are VAT included unless VAT is not applicable to the Customer due to its place or seat of residence or domicile.
6.2 Prices are expressed in Euros and payments are made in Euros. Any cost concerning currency exchange is on the Customer.
6.3 The Customer acknowledges that payments for the purchase of the Products is performed at the moment of the Order.
6.4 The Customer accepts to receive invoices in electronic format which will be available on the Customer account or sent via email to the Customer. The invoices will be issued after the payment.
7.1 The Customer acknowledges that the shipping of the Products is subject to full an correct payment of the relevant price, including shipping costs.
7.2 The Customer agrees that the Product’s delivery is EXW SAP’s premises (Incoterms 2010). [RB3] Therefore, any costs relating to delivery, custom duties and damages during the shipping are borne by the Customer.
7.3 The shipping company is chosen by SAP.
7.4 Time of delivery is an estimation only and it can not be considered as a contractual obligation to be met by SAP.
7.5 SAP reserves the right to apply different policies on shipping costs from time to time.
8.1 If the Customer is a Consumer, the warranty for non conformity of the Products lasts 24 months from the delivery of the Products and the Customer is required to notify to SAP the existence of defects of the Products within two months from their discovery otherwise the Customer will lose the warranty rights for failing to observe a time-limit. According to such warranty, in the event of non conformity of the Products, the Customer may ask that (i) the defective Product is repaired or substituted or (ii) if that would not be possible, for a reduction of price or termination of the contract.
8.2 If the Customer is not a Consumer, the warranty for defects of the Products lasts 12 months from the delivery of the Products and the Customer is required to notify to SAP the existence of defects of the Products within 8 days from their discovery otherwise the Customer will lose the warranty rights for failing to observe a time-limit.
8.3 It is understood between the Parties that the warranty regulated in this Clause does not cover defects or damages caused by acts or omissions of the Customer.
8.4 Up to the limit allowed under the applicable law, SAP declines any responsibilities if the Product is not compliant with the laws of a Country that is not Italy.
8.5 SAP declines any responsibilities if the Product shows non-substantial differences than the Product Description.
9.1 SAP’s liabilities is limited to direct and foreseeable damages at the moment of execution of the purchase.
9.2 SAP is not responsible towards the Customer or any third parties for:
(a) damages arising out of Customer’s negligence, misconduct or willful deception;
(b) use of the Product not for its intended purposes.
(c) profit, customer, use or data losses regardless their predictability;
(d) defects due to storage of the Products not compliant with the manual provided with the Product;
(e) special, incidental, indirect, consequential or punitive damages of any kind (regardless if it was aware of the possible occurrence of such damages), including those (i) deriving from profit, customer, use or data losses regardless their predictability, (ii) based on possible presumptions of liability, including breach of contract or of warranty, negligence or other illicit actions, or (iii) deriving from any other complaint arising from, or in connection with, the use of the Products.
9.3 SAP is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning the Platform.
9.4 SAP is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect the Platform’s functionalities.
9.5 The GTCs do not limit nor exclude SAP’s liabilities for willful misconduct or gross negligence.
9.6 Limitations and exclusions in the present Clause apply to the maximum level allowed under the law.
10. withdrawal right of the consumer
10.1 The present Clause applies only if the Customer is a Consumer.
10.2 The withdrawal right of the Consumer is regulated by arts. 52-59 of the Consumers Code.
10.3 The Consumer has the right to withdraw from the order carried out, without giving any reason, within 14 days from the receipt of the Product or of the latest Product, lot or piece in the case of goods, multiple lots or pieces delivered separately.
10.4 The withdrawal right may be exercised by sending a communication to SAP at the email address [ ] or using the form available at the link [inserire link a form online].
10.5 The withdrawal right is correctly exercised only if the relevant notice is dispatched before the expiry of the abovementioned period of 14 days and the Product is returned to SAP within 14 days as of the dispatch of the withdrawal notice. The costs for the return of the Product are borne by the Consumer.
10.6 SAP will refund to the Consumer all payments received in relation to the Product for which the Consumer has exercised the withdrawal right, including the shipping costs for the cheapest shipping method offered by SAP, within 14 days from the day SAP receives the notice of exercise of the withdrawal right. SAP has the right to withhold the reimbursement until SAP has received the Product or until the Consumer provides proof of the delivery of the Products, whichever event occurs first.
10.7 The Consumer could be held responsible for the decrease in value of the Products resulting from the handling of the Products (different from those needed to establish the nature, characteristics and functioning of the Products).
11.1 SAP’s contact details are the following:
Corso Racconigi n. 16
10139 Torino (Italy)
11.2 The Customer’s contact details are the ones available in the online profile on the Platform or in the order.
12.1 The GTCs, along with the specific order and the Product Descriptions related to the purchased Products, represent the final and complete definition of the relations between the Parties with reference to its scope, constitutes the only source of rights and obligation between them and overrules and extinguishes any previous agreements whether written, oral or de facto.
12.2 Mere silence, or the absence of a prompt reaction, in case of any violation by one of the Parties will not be construed as acceptance of the violation or as a waiver of the right to demand fulfillment of the obligation hypothetically violated, or as a waiver of the rights and/or powers deriving to the compliant Party from such violation.
13. applicable law, jurisdiction and competent court
13.1 The Parties expressly agree that the GTCs are exclusively governed by the Italian Law expressly excluding the applicability to the GTCs of provisions on international private law as well as the Vienna Convention on the international sale of goods dated 11 April 1980.
13.2 The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the GTCs will be subject to the exclusive jurisdiction of the Italian Court and, in particular, exclusively to the Court of Torino (Italy).
13.3 If the Customer is a Consumer who is resident or domiciled in Italy, the Court will be the one competent according to the place of residence or domicile of the Consumer.
[RB2]Controllare con JEToP le parole precise.