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General terms and conditions

1. Scope
The following General Terms & Conditions will apply to all orders and product enquiries made via our online shop.

2. Direct purchase of the product in the online shop
Articles available and ready to ship are indicated and can be purchased directly.

3. Product availability request
Articles not available at the moment are indicated with a button “availability request” and not immediately purchasable. By pressing this button, it is possible to send at any time, non-binding requests regarding the availability of the items in the web site. After receiving the request, Sport Gardena will check the availability and, if available, the desired item will be put online for the purchase. The client will receive an email with the information regarding the availability and the link to proceed with the online purchase of the item.

4. Contracting party, conclusion of the contract
Contracts of sale will be concluded with Sport Gardena GmbH. The appearance of products in the online shop does not represent a legally binding offer but rather a non-binding online catalogue. Having confirmed the availability of our products, you may without obligation first place them in the shopping basket and then correct the items at any time before sending your binding order. Clicking on the order button places a binding order for the goods in your shopping basket. Confirmation of placement of your order will be sent by email immediately after you send your order. Once the contract is concluded with us, payment will be made via the method you have selected: credit card (Visacard, Mastercard) or PayPal. You simultaneously send us your credit card data upon placement of your order. After your authentication as the legal cardholder, we will request your credit card company to initiate the payment transaction and thereby accept your offer.

5. Language of the contract, storing of the wording of the contract
The permitted languages for conclusion of the contract are Italian, German and English. We will store the wording of the contract and send you the order data by email. The General Terms & Conditions can also be seen at any time here on this page.

6. Terms of delivery
Shipping costs will be added to the product prices indicated. Further details of shipping costs are available with the offers. You have in general the option of collecting the items from Sport Gardena, Rezia Str. 110, 39046 St. Ulrich, Italy, during the following hours: Monday to Friday 09:00 - 12:30 and 15:00 - 19:00, holidays excepted. We do not deliver to packstations.

7. Payment
The following methods of payment are in general accepted in our shop: credit card (Visacard, Mastercard) and PayPal. You simultaneously send us your credit card data upon placement of your order. After your authentication as the legal cardholder, we will request your credit card company to initiate the payment transaction immediately following the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

8. Regulation of VAT rates
For private customers within the EU 22% of VAT is included in the price.
For private customers outside the EU: ART. 8 633/72 not taxable.
For companies in the EU outside Italy: Art. 41 DL 331/1993 not taxable.
For companies outside the EU: ART. 8 633/72 not taxable.

9. Damage during transport
If goods are delivered with obvious damage caused during transport, please notify such problems as soon as possible to the deliverer and immediately contact us. Failure to notify a complaint or to contact us will not in any way affect your legal claims nor their enforcement, in particular your rights under warranty. You will however help us to make our own claims against the carrier and/or the transport insurance provider.

10. Guarantee and warranties
Unless expressly agreed otherwise below, the legal warranty against defects will apply. The period of limitation for claims regarding defects for used items is one year as from delivery of the goods.

11. Online dispute resolution
Online dispute resolution pursuant to art. 14 (1) ODR Regulation: the European Commission offers an online dispute resolution platform that can be found under http://ec.europa.eu/consumers/odr/.

Right of revocation

1. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period runs for fourteen days as from the day upon which you or a third party you have designated (who is not the carrier) took possession of the latest item. In order to exercise your right of withdrawal you must inform us (Sport Gardena SRL, Rezia Str. 110, 39046 St. Ulrich, Italy; tel. +39 0471 796522; email address: shop@sportgardena.com) of your decision to withdraw from this contract. If you exercise this option, we will immediately send confirmation (e.g. by email) to you that we have received notice of such withdrawal. To meet the deadline for the withdrawal period you simply have to send us notification before expiry of the withdrawal period that you are exercising your right of withdrawal.

2. Consequences of withdrawal

Should you withdraw from this contract we are obliged to repay all payments we have received from you, with the exception of shipping costs, immediately and at the latest within fourteen days as from the day upon which we received notification of your withdrawal from this contract. For such repayments we will use the same means of payment as you used for the original transaction, unless another form is expressly agreed; in no case will you be charged for such repayments. We may refuse repayment until such time as the goods are returned to us or until you provide proof that you have sent the goods back, whichever is earlier. You must send back or hand over the goods immediately and in any case at the latest within fourteen days as from the day upon which you inform us of your withdrawal from this contract. This deadline will be met provided you send the goods before expiry of the deadline of fourteen days. You will bear the direct costs for the return of the goods. You will only be liable for any loss in value of the goods if such loss in value can, upon inspection of their consistency, properties or functioning, be attributed to the unnecessary handling of the goods.

3. Exclusion and/or early lapse of the right of withdrawal

The right of withdrawal does not exist for contracts:

- for the delivery of goods that are not preassembled and for whose manufacture an individual consumer choice or definition is significantly involved, or which are clearly made to the consumer’s personal requirements;

The right of withdrawal will lapse early for contracts:

- for the delivery of goods where, owing to their consistency, these become inseparably mixed with other goods following delivery;
- for the delivery of clothing that has been worn or soiled by the buyer.

Sport Gardena SRL
Via Rezia 110 (BZ)
39046 Ortisei
Italia

P.Iva: IT02761990213

www.sportgardena.com
shop@sportgardena.com

Ortisei, Novembre 2016

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