Terms and conditions

 

  1. Scope of application
  2. Disclaimer
  3. Orders
  4. Prices
  5. Delivery
  6. Right of withdrawal
  7. Warranty and limitations of liability
  8. General provisions

 

Scope of application

  • The general terms and conditions stated here (hereinafter: “Terms”) are applied to all orders and purchases of clothing and accessories (hereinafter: “Products”) on the website www.store.dkbsport.com (hereinafter: “Website”) managed by Punto Azzurro srl, a company under Italian law, with registered office in Via Vogno 20, 24020 Rovetta (Bergamo), (hereinafter: “PA”) by persons resident in countries in which the website is or will be active (hereinafter: “Customer”).

 

Disclaimer

  • The Customer is obliged to carefully read the Terms before making any purchase.
  • By accepting the Terms and on sending an order, the Customer declares:
    • that he/she has read, understood and accepted the terms in their entirety and without reservation;
    • that he/she is a consumer and wishes to buy the Products exclusively for his/her personal use and not to resell them within a commercial or business activity of any nature whatsoever;
    • that he/she authorizes Punto Azzurro srl to store, process, use and transfer to third parties and abroad the (personal) data contained in the order for the purpose of carrying out such order.
  • Punto Azzurro srl shall do its utmost to ensure that the information contained in the Website is accurate and updated. It is not however possible to offer guarantees in this regard. The Customer recognizes and accepts that the Products may not be fully compliant with the indications, specifications and/or photographs on the Website.

 

Orders

  • The sales contract between Punto Azzurro srl and the Customer is deemed to be concluded when written confirmation of delivery is sent to Customer, to the e-mail address stated by the latter in the purchase order.
  • Punto Azzurro will consider any requests for order cancellation received by Punto Azzurro before shipment of the Products to the Customer.
  • In the event a particular Product in the Customer’s order is no longer available, Punto Azzurro shall be under no obligation to supply the Product in question, but shall be only obliged to promptly inform the Customer of this circumstance. If only part of the Products in the order are available, Punto Azzurro will contact the Customer to ask him/her if he/she wishes to cancel the order or is willing to receive only the Products available; in this case the Customer will only be charged for the Products he/she receives.
  • Punto Azzurro reserves the right to reduce, at its sole discretion, the quantity of Products that can be purchased on the Website.

 

Prices

  • The prices of the Products, expressed in Euros or GBP will be in any case those stated on the invoice. Punto Azzurro shall however do its utmost to ensure that the prices on the Website are correct and updated.
  • The shipping and delivery expenses may vary according to country and will be charged to the Customer at the time of shipping of the Products ordered. The payment must be made by the Customer at the time of confirmation of order acceptance by credit card or other ways indicated in the relative section of the Website.

 

Delivery

  • The Products will be delivered to the delivery address given by the Customer in the order.
  • Generally speaking, the Products will be delivered within 30 (thirty) days from the confirmation of the order by Punto Azzurro, without prejudice to the fact that the delivery times may vary according to the destination country. In the event the delivery is delayed for reasons that cannot be attributed to Punto Azzurro, a new date of delivery will be communicated, insofar as possible, to the Customer.
  • Punto Azzurro reserves the right to refuse, suspend or cancel at its own discretion, the delivery or the performance of any of the obligations arising from the sales contract in the event of suspected fraud, breach or violation by the Customer of the obligations undertaken towards Punto Azzurro with previous orders and/or sales contracts. If the Products ordered are required to pass through customs (according to country of destination) and the Customer decides he/she no longer wishes to receive the order once it has arrived at customs, Punto Azzurro will not refund the goods, which will be abandoned on site.

 

Right of withdrawal

  • The Customer has the right to return the Products purchased on
    www.store.dkbsport.com, without being charged a penalty and without having to provide a reason, within fourteen (14) calendar days from the date of receipt by the Customer of the Products in question, or within the time period envisaged by applicable mandatory legislation in the country in which the Customer lives, if this is longer.
  • Once Punto Azzurro has received the Products, the sales contract will be considered cancelled to all intents and purposes and all the relative obligations, rights or declarations shall become void, without prejudice to the fact that if the Products returned to Punto Azzurro are damaged, Punto Azzurro shall be entitled to compensation for said damages using the payment for the Products already made by the Customer.
  • In addition to the aforementioned, the right of withdrawal is subject to the following conditions:
    • Within fourteen (14) calendar days from the date of receipt of the Products by the Customer, the Customer may request the authorization to proceed to make a request to return the goods ordered, by sending an e-mail to help@dkbsport.com, giving his/her reasons. After receiving the request, Punto Azzurro will send the authorization to make the return, by e-mail, together with an authorization code which must be stated on the package. Punto Azzurro will not accept any type of return unless previously authorized. The Products must be sent back to Punto Azzurro, at the Customer’s risk and expense, in a single parcel by courier or registered post within 2 (two) days from the date of receipt of the confirmation to the following address: Punto Azzurro srl, Via Vogno 20, 24020, Rovetta – Bergamo – Italy; the authorization code sent by e-mail must be placed in a visible position on the parcel. In the event of non-delivery of the returned parcel, Punto Azzurro will request proof of delivery from the Customer, that is, the slip showing the signature of the person that received the returned parcel. If the Customer does not provide receipt of delivery, Punto Azzurro will not grant the refund.
    • The Product returned must not have been used, worn or damaged;
      • The Product identification tag must be still attached to the same;
    • The Product must be returned in its original packaging, with any accessories or instruction manuals;
  • As soon as it is able to confirm that the conditions envisaged have been satisfied, Punto Azzurro will send a confirmation e-mail of acceptance of the return to the Customer and initiate the refund procedure so that the Customer will receive a refund for the amount paid for the returned Products within the next thirty (30) days, irrespective of the payment used previously by the Customer. The refund of the amount paid by the Customer will always be made exclusively to the Customer who made the payment.
  • In the event the aforementioned conditions are not satisfied, the Customer will not have any right to a refund of the amount paid to Punto Azzurro. The Customer will, however, have the right to collect the Products returned from the warehouse of Punto Azzurro, at his/her risk and expense. If the Customer does not request the return of the returned Products within thirty (30) days from the relative communication from Punto Azzurro, Punto Azzurro will have the right to withhold these Products together with the amount received for the transaction.

 

Warranty and limitation of liability

  • The warranty of Punto Azzurro is limited to any apparent defects in the Products – excluding, without limitations, every implicit guarantee regarding the quality and fitness for purpose for the Customer – for a period of 2 (two) years from delivery of the Products.
  • The warranty only gives the right to obtain a refund for the amount paid for the defective products, provided the defect is communicated to Punto Azzurro within 2 2 (two) months from when it was discovered.
  • In addition to the aforementioned (articles 20-21), the right to a refund is subject to the following conditions, under penalty of invalidation of the warranty:
    • Before sending the defective Products back to Punto Azzurro, the Customer must request the authorization to proceed with the return directly by means of the form enclosed with the package
      • “Defects” means manufacturing imperfections of the Products; not considered defects are those irregularities caused by improper or negligent use of the Product.

The defective Products will be collected by Punto Azzurro at its expense.

  • Once the Product has been received and the defect has been verified, Punto Azzurro will sent a return acceptance confirmation e-mail to the Customer and will initiate the procedure to refund to the Customer the price paid for the defective Product, which must be concluded within thirty (30) days, irrespective of the method of payment used previously by the Customer. The refund of the amount paid by the Customer will always be made to the Customer who made the payment.
  • Without prejudice to the aforementioned warranty, Punto Azzurro excludes any and every liability (contractual or extracontractual) towards the Customer, within the limits of applicable mandatory legislation.
  • The maximum limit of overall liability of Punto Azzurro cannot in any case exceed the amount paid by the Customer for the purchase of the Product.

 

General provisions

  • In the event one of more of the provisions of these Terms become void, voidable, illegal or unenforceable, this shall not affect the validity of the remaining Terms and Conditions. The provision in question will be replaced with a similar valid provision that duly takes into consideration the intention and content of the same, in compliance with current legislation.

These Terms are subject to Italian substantive law (with the exclusion of legislation on private international law and international treaties, in particular the Convention of the United Nations on international goods purchase/sales agreements). Any disputes that may arise will be referred to the exclusive jurisdiction of the Court of Bergamo (Italy).