General Terms and Conditions and Customer Information

Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of revocation

4. Right of rescission

5. Prices and terms of payment

6. Shipping and payment terms

7. Deliveries outside the European Union

8. Terms of delivery and dispatch

9. Liability for defects

10. Applicable law, place of jurisdiction

1) Scope of application

1.1 These terms and conditions of "Sport Gardena Srl" (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop represent binding offers on the part of the seller.

2.2 The customer can accept the offer via the online order form integrated in the seller's online shop. In the case of an order via the online order form, the customer, after having entered the personal order data, submits a legally binding acceptance of the contractual offer with regard to the goods contained in his shopping basket by clicking the button that concludes the ordering process. However, the offer can only be accepted if the customer accepts these terms and conditions by ticking the box "I have read the general terms and conditions and expressly agree to them".

2.3 The seller will send the customer a confirmation of the order by post or email.

2.4 Upon acceptance of an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after dispatch of the order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order. In any case, the Seller will send the Customer an order confirmation with a note on how to download and print out the General Terms and Conditions using the "Print" function.

2.5 Before binding submission of the order via the online order form of the seller, the customer can correct his entries continuously via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. 2.6 If the customer acts as a consumer, only the Italian language is available for the conclusion of the contract.

3) Right of revocation

3.1 In principle, consumers are entitled to a right of withdrawal. 3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The customer has various payment options at his disposal, which are indicated on the seller's website.

4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.4 If the payment method "PayPal" is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full This requires, inter alia, that the customer opens or already has a PayPal account.

5) Right of rescission
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

General information
1) Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

6) Delivery and shipping conditions

6.1 The delivery of goods shall take place regularly by dispatch and to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.

6.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. 

6.3 Collection by the customer is not offered.

7) Deliveries outside the European Union

7.1 For deliveries to countries outside the European Union, additional costs may apply that are not the responsibility of the seller and must be borne by the customer. These include, in particular, import duties, customs duties or taxes. Any customs or import charges must be paid by the customer upon receipt of the goods in the destination country.

7.2 Shipments are generally carried out via FEDEX, DHL or UPS. For international deliveries outside the EU, import duties, customs fees and taxes are collected by the respective shipping service provider on behalf of the customs authorities of the destination country. These charges must be paid by the customer before delivery of the parcel directly to FEDEX, DHL or UPS.

7.3 Customers with a delivery address outside the European Union purchase in the online shop at net prices without Italian VAT (22 %). After registration and selection of the shipping country, the net prices are automatically displayed and calculated in the shop. Any import duties, customs fees or local taxes in the destination country are the responsibility of the customer.

7.4  For any parcel that is returned to us due to the customer’s refusal to pay customs charges, the customer is fully responsible for all return shipping costs, customs fees and handling charges. These amounts will be deducted from any refund due.

8) Shipping and payment terms

Shipping
Shipping costs are displayed after entering the shipping destination.

Terms of payment
All prices are in Euro (€) and include the applicable VAT of the destination country.

Payment methods
- PayPal
- Amazon Pay
- Credit Card (Stripe)
- Apple Pay / Google Pay (Stripe)
- Klarna (Stripe)
- Bancontact (Stripe)
- EPS (Stripe)
- Ideal (Stripe)
- Bank Transfer

Sport Gardena SRL
BANK: Cassa Raiffeisen - Filiale Castelrotto
IBAN: IT47E0805623120000302059568
SWIFT: RZSBIT21211

9) Liability for defects

9.1 The statutory liability for defects shall apply.

9.2 For consumers, the limitation period for warranty claims is as follows

- for new goods, two years from delivery of the goods to the customer.

- for used goods, one year from delivery of the goods to the customer.

9.3 The assertion of claims for defects requires that the consumer notifies the seller of the defect within two months of discovery.

10) Applicable law, place of jurisdiction

10.1 If the customer acts as a consumer within the meaning of the clause

10.2 Italian law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

10.3 If the customer acts as an entrepreneur within the meaning of the clause

10.4 German law shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the Seller.