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Terms and conditions

Sales terms and conditions

  1. Introduction

1.1 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) govern the offer and sale of clothing and accessories under the CMP trademark (the “Products”) on the Online-Shop www.cmpsport.com (the “Website”) and apply to all the contracts entered through our Online-Shop by us, F.lli Campagnolo S.p.A., Romano d'Ezzelino, Via Merlo n. 2, 36060 Vicenza (VI), Italy, fiscal code 182/117/67134 -  VAT No. DE320072285, (“F.lli Campagnolo”).

1.2 All the agreements executed between the Customer and F.lli Campagnolo in connection with purchase contracts descend from these General Terms and Conditions of Sale, our written confirmation of order and our acceptance of order. The version of the General Terms and Conditions of Sale in force at the date of execution of the contract is decisive. The General Terms and Conditions of Sale may be modified by F.lli Campagnolo at any time without the obligation to give advance notification of this circumstance to Customers. The new General Terms and Conditions of Sale will become effective from the date of their publication on the Website and will be applied to all sale and purchases of Products following this publication.

1.3 Unless otherwise indicated in these General Terms and Conditions of Sale, the Customer may contact F.lli Campagnolo through the Contacts section of the Website or at the email address customercare@cmpsport.com  or by sending a letter to F.lli Campagnolo S.p.A., E-commerce, Via Merlo, 2, 36060 - Romano d'Ezzelino (VI), Italy.

1.4 For further information of a legal nature, please consult the specific sections related to the general terms and conditions of Website use and the Privacy Policy (respectively the “Terms and Conditions of Website Use” and the “Privacy Policy”).

  1. Limitations of the scope of application of the General Terms and Conditions of Sale

2.1 These General Terms and Conditions of Sale are applicable exclusively to Customers who qualify as "consumers" in accordance with 13 of the Bürgerliches Gesetzbuch (BGB). 

2.2 The graphic representation of the Products displayed on the Website may differ from reality, due also to the quality of image display, attributable to the device used by the Customer. The latter must, therefore, rely on the description of the Product and the characteristics thereof provided on the Website.

2.3 The General Terms and Conditions of Sale do not govern the sale of Products and/or the provision of services by parties other than F.lli Campagnolo that may be present on the Website through links, banners or other hypertext links. F.lli Campagnolo is not in any way responsible for the sale of products and/or the provision of services carried out by these third parties and advises the Customer to examine the Terms and Conditions of Sale very carefully before making any purchase.

2.4 The Website can be accessed from anywhere in the world. However, the Products available on the Website can be delivered exclusively within the territory of Germany, without prejudice to any further information contained in the Website.

  1. Product purchase method through the Website

Filling in and transmitting the purchase order

3.1 The presentation and offer of Products on our Online-Shop does not constitute an irrevocable offer to execute a purchase agreement. To complete the purchase contract of one or more Products on the Website, Customers must:

  1. register on the Website, log in if already registered, or proceed as a non-registered Customer if they do not intend to register themselves on the Website;
  2. select the Products they intend to purchase, together with the characteristics of these Products (e.g. colour and size) and add them to the “cart” using the relevant button;
  3. access the “cart” using the relevant button on the Website where they can check the selected Products, the relevant quantities and characteristics, as well as the cost of the Products;
  4. once checked that the selections are correct, click on the “proceed to checkout” button;
  5. enter the contact, billing and shipping information in the relevant fields, taking note of the shipping costs charged for the selected Products. If Customers are registered on the Website, they can use the information they have already saved and/or modify them;
  6. select the payment method from “credit card”, “Mybank (instant bank transfer)” and “PayPal” and if using payment by “credit card”, enter the relevant data;
  7. a printable summary screen will open, which will include the following specific information: Customer identification data, the main characteristics of the Product/s being purchased, the relevant price, shipping costs and any additional charges, the methods and terms of payment, the address where the Products will be delivered, delivery times, shipping method selected and acceptance of the General Terms and Conditions of Sale;
  8. declare that they have read and understood, and unconditionally accept, the General Terms and Conditions of Sale, by ticking the box at the bottom of the same;
  9. click on the button “proceed to payment”. In this case: (i) if the chosen method of payment is by credit card, the order will be sent directly to F.lli Campagnolo, (ii) if the Customer has chosen payment via PayPal, he/she will be redirected to the appropriate PayPal page to enter the data required for payment; (iii) if the Customer has chosen payment through Mybank (instant bank transfer), he/she will be redirected to the relevant web page of the banking institutions, providing remote electronic payment services, with which F.lli Campagnolo has entered into specific agreements, to enter the data required for payment;
  10. once this stage has been completed, the Customer will have successfully completed the order and will be redirected to a Website page where the order number will be displayed (the "Order Transmission").

All the information provided by F.lli Campagnolo pursuant to this paragraph 3.1 can be easily printed and/or downloaded by the Customer onto an IT device.

Confirmation of order receipt, acceptance by F.lli Campagnolo and shipping

3.2 Following the Order Transmission, the Customer will receive - at the email address indicated when filling in the purchase order - a confirmation of order receipt containing a summary of the Products ordered, their price, the additional costs of shipping, delivery times and the method of payment selected by the Customer, together with a links to the General Terms and Conditions of Sale. The Customer must preserve this communication.

The confirmation of order receipt does not imply the acceptance of the order by F.lli Campagnolo.

3.3 The order transmission is an offer that the Customer submits to F.lli Campagnolo for the purchase of one or more Products. All orders will be subject to approval by F.lli Campagnolo, of which the Customer will be informed when a subsequent email is sent confirming that the order is being shipped (the "Shipping Confirmation"), within 14 business days from the Order Transmission. The contract for the purchase of a Product between the Customer and F.lli Campagnolo (the "Contract") will be deemed to have been executed only when F.lli Campagnolo sends the Shipping Confirmation to the Customer.

In particular F.lli Campagnolo shall have the right, to its own discretion, to refuse the order, including but not limited to in the following cases:

  1. if the Products ordered by the Customer are not available. In such case, F.lli Campagnolo reserves the right not to accept the order and shall inform the Customer by email, within 14 working days from the Order Transmission, of the reasons for this refusal; moreover, F.lli Campagnolo will not debit the payment authorised by the Customer with the submission of the order or, if the price has already been debited to the Customer, will refund any amounts already received within a reasonable period and, in any case, not more than seven working days after sending the communication of refusal of the order;
  2. in case of failure, by the Customer, to send copy of its identity card for proving the ownership of the credit card used, if so requested, as better specified in paragraph 3.9 below;
  3. in case of non-receipt of the integral payment of the amount due by the Customer, as better specified in paragraph 3.11 below;
  4. in case of multiple withdrawal from the same Customer.

3.4 Without prejudice to the provisions of the previous paragraph, except where extraordinary circumstances occur, F.lli Campagnolo undertakes to do everything in its power to ship the Products ordered by the date indicated in the Shipping Confirmation and, in any case, within no more than thirty days from the date of the Shipping Confirmation.

3.5 The Products will be delivered to the address indicated by the Customer when filling in the purchase order. When the Products are delivered, the courier’s shipping note must be signed by the Customer (or by someone on his/her behalf). Deliveries cannot be made to p.o. boxes. For all Product deliveries, the courier will be designated at the sole discretion of F.lli Campagnolo.

3.6 If the recipient is absent when the Products are delivered, the courier will leave a notification of an attempt to deliver at the address indicated by the Customer when filling in the purchase order. The courier will also indicate in this notification, the address where the Customer must go to collect the Products, the deadline for collecting them and its contact information.

If the Products are not collected by the deadline indicated by the courier, they will be returned to F.lli Campagnolo. In this case, F.lli Campagnolo will refund the price of the Products to the Customer, net of the shipping costs which will be borne by the Customer.

Product prices and payment method

3.7 The Product sales price (the “Price”) in our Online-Shop is expressed in Euros (€) and includes VAT and all other applicable taxes, except for any possible custom duty. The Price does not include the cost of shipping. These will be separately calculated according to the address indicated for delivery.

3.8 With the Order Transmission, each Customer guarantees that he/she is of age and has the legal capacity to purchase the Products through the Website and any necessary authorisation to use the payment tool selected among those available on the Website.

3.9 If payment of the Products is by credit card, F.lli Campagnolo reserves the right to ask the Customer to send, within 24 (twenty-fours) hours from the relevant request, a copy of his/her identity card proving as evidence that he/she is the effective owner of the credit card being used. It is understood that, as anticipated in paragraph 3.3 above, if the above-mentioned document is not received within the above-mentioned time frame, F.lli Campagnolo reserves the right to refuse the purchase order sent by the Customer.

3.10 The Price and the cost of shipping will be charged by F.lli Campagnolo to the Customer within the following time frame:

  1. payment by credit card: on the date of the Shipping Confirmation. Prior to that date, the relevant amounts will be temporarily blocked, but not transferred;
  2. payment by Mybank (instant bank transfer) or PayPal: automatically at the same time as the Order Transmission according to the provisions of the credit institutions concerned or PayPal.

 

3.11 If it is not possible to debit or block the entire sum owed by the Customer according to the method of payment selected by the Customer in the Order Transmission, F.lli Campagnolo reserves the right to suspend the shipment and ask the Customer for clarification via email. If F.lli Campagnolo is unable to receive full payment of the sum owed by the Customer within seven (7) days from the request for clarification, F.lli Campagnolo reserves the right, as anticipated in paragraph 3.3 above, to refuse the order or, in any case, not to perform the same. Any customs duties incurred must be paid by the Customer directly to the courier. 

  1. Right of withdrawal

Indications about Right of withdrawal

4.1 If the Customer is a consumer (i.e. a natural person, who places the order for a purpose that cannot be attributed to his/her commercial or professional activity), he/she has the right of withdrawal in accordance with the mandatory law provisions.

4.2 If the Customer as a consumer exercises his/her right of withdrawal according to paragraph 3.1, he/she must bear the standard costs of the return.

4.3 All other respects of the right of withdrawal are regulated by the provisions reproduced in detail in the following.

Right of withdrawal

The Customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days starting from the date on which the Customer or a third party appointed by him/her, who is not the carrier, took possession of the goods.

To exercise the right of withdrawal, the Customer must contact

F.lli Campagnolo S.p.A. E-commerce

Via Merlo, 2

36060 - Romano d'Ezzelino (VI), Italy;

Telephone number: 0424 515 411

Fax number: 0424 510 448

Mail: customercare@cmpsport.com 

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about his/her decision to withdraw from this contract. The Customer can use the attached model-withdrawal form, which is not mandatory. The Customer can also electronically complete and submit the model-withdrawal form or any other unequivocal statement on our website customercare@cmpsport.com. If the Customer makes use of this option, F.lli Campagnolo will immediately send him/her (e.g. by e-mail) a confirmation of the receipt of such a withdrawal.

In order to maintain the withdrawal period, it is sufficient for him/her to send the communication of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If the Customer withdraws from this agreement, F.lli Campagnolo has to refund him/her all payments F.lli Campagnolo has received from him/her, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery F.lli Campagnolo offers) immediately and at the latest within fourteen days from the date on which the communication of his/her withdrawal from this contract has reached F.lli Campagnolo. For this repayment, F.lli Campagnolo will use the same means of payment the Customer used in the original transaction, unless expressly otherwise agreed with him/her; in no case fees for this repayment will be charged on the Customer. F.lli Campagnolo may refuse repayment until it has received the goods back or until the Customer has provided evidence that he/she has returned the goods, whichever is the earlier.

The Customer must return or transfer the Products to F.lli Campagnolo without delay and, in any case, within 14 (fourteen) days from the date on which the Customer informed F.lli Campagnolo of his/her decision to withdraw from the contract. The deadline is respected, if the Customer send the goods within the term of fourteen days.

The Customer bears the immediate costs of returning the goods. The Customer only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

4.4 If the Customer uses the courier indicated by F.lli Campagnolo, the only expenses he/she will incur are those for the return of the Products purchased. In this case, the expenses will be deducted by F.lli Campagnolo from the refund due for the price paid, for an amount equal to the standard shipping cost of the Products purchased.

4.5 If the Customer uses a shipping method of his/her own choice, he/she must personally pay the cost of returning the purchased Products, and the costs shall be borne by him/her.

4.6 If the Products are returned personally by the Customer, he/she is responsible for any loss or damage to the Products.

4.7 Following multiple withdrawals and returns by a customer, F.lli Campagnolo reserves the right to decide whether to accept or refuse an order by the same customer

Additional terms and conditions for exercising the right of withdrawal

4.8 Save for the compliance with the terms and procedures described in the preceding paragraphs of this article 4, please observe the following conditions in order to have the right of withdrawal correctly exercised by the Customer:

  1. the Products must be in a perfect state of preservation and must have been kept by the Customer as guardian, meaning that the Customer is liable for any damage to or loss of the Products and the decrease in value resulting from an usage of the same different from that required to establish its nature, characteristics and use in the period in which they are in his/her custody;
  2. the fundamental characteristics and/or quality of the Products must not be altered or damaged;
  3. the Products must be returned in their original packaging;
  4. the Products must be sent to F.lli Campagnolo in a single shipment. F.lli Campagnolo, therefore, reserves the right not to accept Products which are part of the same order, but which have been returned and sent separately and/or at different times;
  5. the right of withdrawal is applied to each Product in its entirety; thus, it cannot be exercised in relation to individual parts and/or accessories of the same Product.

Methods and time frames for refunds

4.9 If the right of withdrawal is effectively exercised, F.lli Campagnolo will refund the Customer the sums already collected for the purchase of the Products which have been returned, except as indicated in article 4.10. These amounts will be refunded by F.lli Campagnolo without undue delay and, in any case, within 14 (fourteen) days from the date on which F.lli Campagnolo was informed of the Customer's decision to withdraw from the Contract.

4.10 The cost of shipping the returned Products to F.lli Campagnolo is borne by the Customer. To this end, if the return is carried out by the courier affiliated with F.lli Campagnolo, the latter will deduct the relevant cost from the refund, for an amount equal to that charged to the Customer at the time of purchase of the specific Product.

4.11 F.lli Campagnolo will carry out the refund using the same payment method adopted by the Customer to purchase the returned goods. If the recipient of the Products indicated in the Order Transmission and the person who paid for their purchase differ, the refund of the amounts, should the right of withdrawal be exercised, will be made in favour of the person who paid for the Products.

4.12 If the Customer has not effectively exercised the right of withdrawal, the Customer will not be entitled to receive any refund of the sums paid to F.lli Campagnolo, without prejudice to the right to collect the Products in the state in which they were returned at his/her own expense, by sending a written request to that effect to the following addresses:

F.lli Campagnolo S.p.A E-commerce

Via Merlo, 2

36060 - Romano d'Ezzelino (VI), Italy.

within 14 (fourteen) days of the date on which the email was sent by F.lli Campagnolo to inform the Customer of the refusal of the return. Otherwise, F.lli Campagnolo may retain these Products, in addition to the sums already paid for the relevant purchase and dispose of them at its discretion, with the understanding that the Customer has definitively waived his/her ownership of the Products returned.

  1. Warranty

5.1 F.lli Campagnolo is liable for material defects or defects in title in accordance with the applicable mandatory provisions, in particular §§ 434 and following BGB. The deadline for claims for defects is two years and begins with the delivery of the goods.

5.2 The notification concerning the defect must be made in writing to F.lli Campagnolo at the following address

F.lli Campagnolo S.p.A E-commerce

Via Merlo, 2

36060 - Romano d'Ezzelino (VI), Italy

or alternatively by email to the address customercare@cmpsport.com indicating: (i) the code of the Product concerned; (ii) the number of the relevant purchase order (or a copy thereof); (iii) a detailed description of the type of defect or fault found.

5.3 The basic characteristics of our Products are outlined on the Website in each Product page. However, the Customer, with the Order Transmission, expressly acknowledges that the images and colours of the Products may not correspond to the real ones as a result of the browser and monitor used by the Customer while browsing the Website.

5.4 Without prejudice to any different provision of these General Terms and Conditions of Sale or of any applicable law, F.lli Campagnolo’s liability with regard to Products purchased through the Website will be limited only to the purchase price of those Products.

In any case, F.lli Campagnolo shall not be held liable for indirect losses which are a collateral damage of the main loss or damage, for example loss of profits or opportunities; nor for the impossibility to deliver the Products or to fulfil any other obligation set forth in these General Terms and Conditions of Sale, when such failure is due to an event out of its reasonable control, including but not limited to fires, floods, storms, riots, civil unrest, wars, nuclear incidents and terrorist activities.

The provisions mentioned herein do not limit nor exclude the liability of F.lli Campagnolo if such limitations or exclusions are contrary to the applicable law.

  1. Invalidity of clauses

These General Terms and Conditions of Sale replace any other document possibly governing the relationship between the Customer and F.lli Campagnolo with regard to the sale and purchase of the Products made through the Website. Any invalidity or ineffectiveness of a single clause of the General Terms and Conditions of Sale does not affect, nor will affect, the other provisions contained therein.

  1. Processing of the Customer’s personal data

7.1 F.lli Campagnolo informs that any personal data communicated by Customers when registering on and/or purchasing Products through the Website are processed in accordance with the Privacy Policy that Customers are invited to read carefully, print and preserve.

7.2 To receive further information on the management of personal data, the Customer can send a request to the e-mail address customercare@cmpsport.com  or to the address of the registered offices of F.lli Campagnolo, in Romano d'Ezzelino, Via Merlo, 2 36060 (Vicenza), Italy.

  1. Language of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale are written in German with a courtesy translation in other languages. In the event of any discrepancies, the German version will prevail.

  1. Applicable law

The General Terms and Conditions of Sale are governed exclusively by the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention.If the Customer has placed the order as a consumer and has his/her habitual residence in another country at the time of his/her order, the application of mandatory legislation of that country shall remain unaffected by the choice of law made in sentence 1.

  1. Jurisdiction

Jurisdiction is governed by the laws in force.

In addition, according to section 14 of the Regulation (EU) 524/2013 – ODR-Regulation, the Customer as consumer has the right to request an out-of-court resolution of disputes. Details can be found in the above-mentioned Regulation and under of the website https://ec.europa.eu/consumers/odr/main/.

 

 

ANNEX A – WITHDRAWAL FORM

 

(For exercising the withdrawal right, please fill in and return the form here below)

To

F.lli Campagnolo S.p.A. – E-Commerce

Via Merlo, 2

36060 - Romano d'Ezzelino (VI), Italy

E-mail address: customercare@cmpsport.com

I/We(*) hereby give notice that I/We(*) withdraw from the contract of sale as here below identified:

Order number ______________ date of order/receipt(*) of the products ______________

List of the products for which I exercise the withdrawal right:

Model _________ color _________ size _________ quantity _________

Model _________ color _________ size _________ quantity _________

Model _________ color _________ size _________ quantity _________

Model _________ color _________ size _________ quantity _________

 

Contact details of the customer:

Name and surname: _________

Address: _________

City: _________

Phone number: _________

E-mail: _________

Date: _________

 

Signature of the customer: _________

(only if notified by means of paper)

 

(*) please delete as appropriate

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