GENERAL TERMS AND CONDITIONS OF SALE
These conditions apply exclusively between the company INTERNATIONAL SPORTS COMPANY S.r.l.s, with registered office at via Isaac Newton No. 10 - 31020 Villorba (TV), registered with the Treviso/Belluno Chamber of Commerce under protocol RI/PRA/2021/4851/800 and VAT No. 05141760263, hereinafter referred to as "DLMSPORT", and any person making online purchases on the website www.dlmsport.com, hereinafter referred to as the "CUSTOMER". These conditions may be subject to changes, and the date of their publication on the website shall be deemed as the date of entry into force.
These terms and conditions govern purchases made on the website www.dlmsport.com, in accordance with the provisions of Part III, Title III, Chapter I of the Italian Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce.
ARTICLE 1 - Subject of the Contract
Under these general terms and conditions of sale, DLMSPORT sells and the CUSTOMER purchases remotely the tangible movable goods indicated and offered for sale on the website www.dlmsport.com. The contract is concluded exclusively through the internet, by the CUSTOMER accessing the website www.dlmsport.com and placing a purchase order in accordance with the procedure set out on the site.
The CUSTOMER undertakes to read these general terms and conditions of sale before confirming their order, in particular the pre-contractual information provided by DLMSPORT, and to accept them by ticking the appropriate checkbox.
In the order confirmation email, the CUSTOMER will also receive a link to download and store a copy of these general terms and conditions of sale, as provided for by Article 51, paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual Information for the Consumer - Art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER views the characteristics of the goods, which are illustrated on the individual product pages at the time of the CUSTOMER's selection.
Before concluding the purchase contract and before confirming the order with the “obligation to pay”, the CUSTOMER is informed about:
- the total price of the goods including taxes, with a breakdown of shipping costs and any other charges;
- payment methods;
- the time frame within which DLMSPORT undertakes to deliver the goods;
- the conditions, terms, and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the standard withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;
- the information that the CUSTOMER will bear the cost of returning the goods in the event of withdrawal;
- the existence of the legal guarantee of conformity for the purchased goods;
- the terms of after-sales support and commercial guarantees provided by DLMSPORT.
The CUSTOMER may, at any time and in any case before concluding the contract, access information about DLMSPORT, including its geographic address, telephone and fax number, and email address. These details are also provided below:
International Sports Company S.r.l.s.
Registered office: Via Isaac Newton 10 - 31020 Villorba (TV)
Phone: 0422/1628308
ARTICLE 3 - Conclusion and Effectiveness of the Contract
The sales contract is considered concluded upon the sending by DLMSPORT to the CUSTOMER of an order confirmation email. The email includes the CUSTOMER's details and the order number, the price of the purchased products, shipping costs, the delivery address where the goods will be sent, and a link to print and archive a copy of these terms and conditions.
The CUSTOMER agrees to verify the accuracy of the personal data contained therein and to promptly notify DLMSPORT of any corrections.
ARTICLE 4 - Availability of Products.
Product availability refers to the actual availability at the time the CUSTOMER places the order.
However, this availability must be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products could be sold to other CUSTOMERS before the confirmation of the order.
Even after the order confirmation e-mail sent by DLMSPORT, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the CUSTOMER will be informed immediately by e-mail or telephone.
If the CUSTOMER requests cancellation of the order, terminating the contract, DLMSPORT will refund the amount paid within 10 days from the day DLMSPORT became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER may be made only by means of Paypal , through the pay by links sent by DLMSPORT,of the credit cards indicated on the site www.dlmsport.com or by bank transfer.
In case of payment by credit card and through the pay by links sent by DLMSPORT, the actual charge of the amount of the order will only occur when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will occur when KITEWORLDSHOP sends the order confirmation e-mail.
Payments may also be made using Loyalty Vouchers or gift vouchers.
Communications regarding the payment and the data communicated by the CUSTOMER at the time it is made take place on special secure lines. The security of payment by Credit Card is guaranteed through VBV ( Verified by VISA ) and SCM ( Security Code Mastercard ) certification.
ARTICLE 6 - Prices
All sales prices of the products shown on www.dlmsport.com are in Euros and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts DLMSPORT's right to change its prices at any time, however, the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by DLMSPORT to the CUSTOMER.
In the event of a computer, manual, technical, or any other error that may result in a substantial change, not foreseen by DLMSPORT, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 10 days from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products.
In the event of a request for termination of the contract received by DLMSPORT after the 14th day from the date of receipt of the products by the CUSTOMER, the CUSTOMER shall only be entitled to a replacement with another product of equal or greater value, subject to supplementary payment, or to the sending of a purchase voucher expendable within one year from its issuance.
The CUSTOMER wishing to exercise the right of withdrawal must notify DLMSPORT by means of an explicit declaration, which may be sent by registered mail with return receipt or Send by email the following form: Returns and Refunds Form, to assistenza@DLMsport.com.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as set out in Annex I, Part B , Legislative Decree 21/2014 (not mandatory), the text of which is set out below:
Model withdrawal form pursuant to Article 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
International Sports Company Srls
Via Isaac Newton ,10 - 31020 Villorba (Tv)
tel. 0422/1628308
I/we (*) hereby notify/notify (*) of the termination of my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s).
-Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent in paper version)
- Date
(*) Delete unused wording.
In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day he/she communicated to DLMSPORT his/her will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to International Sports Company Srls - Via Isaac Newton ,10 - 31020 Villorba (Tv)
The direct costs of returning the products are the responsibility of the CUSTOMER. The cost is estimated to be a maximum of approximately 300.00 (three hundred/00) euros.
The goods must be returned in the exact same condition in which it was sent, intact, in the original packaging, with labels and tags intact and not removed from the article, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, DLMSPORT will refund the amount of the products subject to withdrawal within a maximum period of 10 days, excluding shipping costs for the return of the goods.
As provided by Article 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, DLMSPORT may suspend the refund until receipt of the goods.
DLMSPORT will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she must provide DLMSPORT, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made, by DLMSPORT.
In case of withdrawal for a purchase made with a gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code that will be sent to the CUSTOMER's e-mail address.
The purchase voucher will be valid for 1 year and can be used by the CUSTOMER for subsequent purchases in one lump sum.
Attention: The cases listed in Article 10 of these Terms and Conditions are excluded from the right of withdrawal.
ARTICLE 8 - Legal Warranty of Conformity
Every product distributed by DLMSPORT enjoys the Manufacturer's Official Warranty under the terms indicated by Italian Law and is valid for products purchased and used within the territory of the European Community.
From the date of delivery of the product, the purchaser is covered by a Warranty period of 24 months if he purchased the product for personal use or 12 months if he purchased for professional purposes (purchase with VAT number).
In the event of receipt of products that do not conform to orders or are defective, the CUSTOMER has the right to restoration of conformity of the product without charge by repair or replacement of the product. The CUSTOMER may exercise this right if the defect becomes apparent within the period of two years from the delivery of the goods and by reporting the defect to DLMSPORT within two months of its discovery.
Thereafter, the customer must complete the Returns and Refunds Form, and send it to assistenza@DLMsport.com.
DLMSPORT, in the event of a defective or nonconforming product, will, at its own expense, arrange for pickup of the product, subject to CUSTOMER availability.
The warranty never covers damage to the products procured by improper use of the same, let alone any damage procured by the same products to third parties or to third parties' property and objects.
ARTICLE 9 - Commercial Warranty
All products presented on the website www.dlmsport.com benefit, in addition to the legal warranty of conformity referred to in the previous article, from a commercial warranty whose duration is mentioned on the product sheets of the items.
To benefit from the warranty service, the CUSTOMER must keep the sales invoice received regularly by email.
ARTICLE 10 - Mode of delivery
The products will be delivered by express courier to the address indicated by the CUSTOMER when placing the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by DLMSPORT.
For each order placed on www.dlmsport.com, DLMSPORT will issue an invoice for the goods shipped. The invoice of vg sale will be sent by email to the CUSTOMER. After the invoice is issued, it will not be possible to make any changes to the data indicated on the invoice.
If a customer wishes to receive a tax invoice for his or her company, he or she must register at www.dlmsport.com using the appropriate form called COMPANIES WITH VAT ID.
DLMSPORT will not make sales to CUSTOMERS or COMPANIES WITH VAT NUMBER that are not resident or have their registered office outside the Italian territory.Likewise, shipments will not be made outside the Italian territory.
Pick up at Pick Up ponts
It is possible for customers to pick up at one of the DLMSPORT pick up points upon request.After the order is placed, the products will be sent to the chosen pick up point and customers will be notified of the availability of the products for pick up.
It is the customers' responsibility to proceed to pick up the goods within 10 days after notification about the availability of products for pick up.
Attention: In the case of pickup requests for rigid SUP boards at one of the DLMSPORT Pick Up points, from the moment of the order, it will no longer be possible for customers to withdraw from their purchase, the product will immediately become their property and they will have to take care of the pickup within 5 days of notification of availability at their chosen Pick UP point.
Article 7 of our Terms and Conditions does not apply to these specific cases, so there are no refunds or cancellations.
ARTICLE 11 - Liability
DLMSPORT assumes no liability for inefficiencies attributable to force majeure or fortuitous events, even where dependent on malfunctions and failures of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether aural or visual, and the related technology used remain the property of DLMSPORT and are protected by intellectual property law.
ARTICLE 13 - Cookies
The website www.dlmsport.com uses ‘'cookies’'. Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc...) and that allow DLMSPORT to offer a personalized service to its customers.
DLMSPORT informs the CUSTOMER of the possibility of disabling the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding to 'purchase online.
ARTICLE 14 - Integrity
These General Conditions of Sale are made up of the totality of the clauses that comprise them. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 15 - Applicable Law and Jurisdiction.
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, optional recourse may be had to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General conditions of sale updated February 01, 2021
