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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 website www.cmpsport.com  (the “Website”).

1.2 The Products acquired on the Website are sold directly by F.lli Campagnolo S.p.A. with registered offices in Romano d'Ezzelino, Via Merlo n. 2, 36060 Vicenza (VI), Italy, REA (Economic and Administrative Index) 93647, VAT No.  00170620249, Share Capital 12,000,000 Euros, fully paid up (“F.lli Campagnolo”).

1.3 Before purchasing the Products, every Website user (the “Customer”) must carefully read these General Terms and Conditions of Sale laid down by F.lli Campagnolo in compliance with the provisions contained in Chapter I, Title III, Part III of Italian Leg. Decree 206/2005 (the “Consumer Code”) and all other regulations which come into force, and print and preserve a copy of them. 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, who shall then periodically read them before purchasing the Products. 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.

1.4 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.

1.5 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 to Customers who qualify as "consumers" in accordance with article 3, paragraph one, letter a) of the Italian Consumer Code, in which the consumer is defined as “[...] the natural person acting for purposes which are not related to the business, commercial, craft or professional activity that he or she may carry out”. 

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 Italy, 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 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. It is understood that 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.

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.

 

  1. 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.

3.4 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. When the Products are delivered, the Customer must check: a) that the number of packages delivered matches the number indicated on the shipping note and b) that the packaging is intact. If there is any damage to or defect with the packaging, the Customer may refuse the delivery or accept it with reserve specifying its contestation in writing on the courier’s shipping note.

3.5 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

3.6 The Product sales price (the “Price”) 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.

3.7 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.

3.8 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 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.

3.9 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.

3.10 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 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. 

3.11 If the Customer wishes to receive an invoice, he/she must inform F.lli Campagnolo thereof when filling in the purchase order form, also providing the latter with all the necessary information.

  1. Right of withdrawal

Terms and method to exercise the right of withdrawal

4.1 Pursuant to the provisions of articles 52 and subsequent of the Italian Consumer Code, the Customer has the right to withdraw from Contracts for the purchase of Products executed with F.lli Campagnolo, without incurring any penalty and without cause, within 14 (fourteen) days from the day the Customer receives the Products purchased. For the purposes of calculating this deadline, the date indicated on the Product delivery receipt issued by the carrier shall be taken into consideration.

4.2 To exercise the right of withdrawal, the Customer, if registered, can access his/her personal area on the Website using the relevant link or, if not registered, can access the returns section on the Website and, in both cases, follow the procedure indicated.

Alternatively, the Customer can exercise the right of withdrawal by clearly stating in writing his/her decision to withdraw from the Contract and sending it by registered letter with acknowledgement of receipt 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 by e-mail at the following address: customercare@cmpsport.com.

To this purpose, the Customer may use the withdrawal form attached as Annex A below, which in any case is not mandatory.

4.3 The Customer will be responsible for proving that he/she has exercised the right of withdrawal in a timely and correct manner.

Returning the Products

4.4 If the Customer exercises the right of withdrawal, he/she must return to F.lli Campagnolo the Products without undue delay and, in any case, within 14 (fourteen) days from the date in which he/she informed F.lli Campagnolo of his/her decision to withdraw from the Contract. The Products must be returned by the Customer to F.lli Campagnolo, by following the instructions outlined on the Website in the sections mentioned in paragraph 4.2 above, by sending them personally or by delivering them to a shipping agent affiliated with F.lli Campagnolo. In any case, the Customer must return the Products from the same Country in which they were delivered.

If the Customer has exercised the right of withdrawal by registered letter with acknowledgement of receipt or by e-mail, he/she must return the Products by following the instructions he/she will receive from F.lli Campagnolo by email.

4.5 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.

4.6 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.

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

Additional terms and conditions for exercising the right of withdrawal

4.8 In addition to compliance with the terms and procedures described in the preceding paragraphs of this article 4, the right of withdrawal shall be deemed to have been correctly exercised by the Customer if the following conditions are fully met:

  1. the Products must be in a perfect state of preservation and must have been kept by the Customer as guardian, in accordance with article 1177 of the Italian Civil Code, 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 exercised in accordance with the terms and conditions indicated in the preceding paragraphs of this article 4, 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 terms and conditions to exercise the right of withdrawal indicated in the preceding paragraphs of this article 4 are not fulfilled, 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 - right to Product repair and replacement

5.1 Pursuant to the provisions of articles 130 and subsequent of the Italian Consumer Code, F.lli Campagnolo is liable vis-a-vis the Customer for any defect in conformity of the Products existing at the time of delivery to the Customer, if the defect in conformity occurs within a period of 2 (two) years from the delivery of the Product itself.

5.2 In the event a defect in conformity, the Customer has the right to ask F.lli Campagnolo:

  1. to restore conformity, without any extra expense, of the Product purchased by repairing or replacing it, pursuant to article 130 of the Italian Consumer Code; or
  2. a suitable reduction in price or the termination of the sale and purchase contract for the Product, pursuant to article 130, paragraphs seven, eight and nine of the Italian Consumer Code.

5.3 The Customer will forfeit the rights referred to in the previous paragraph if they fail to inform F.lli Campagnolo of the defect in conformity found in the Product purchased within a period of 2 (two) months from the date on which the defect in conformity was discovered.

5.4 The notification concerning the defect must be made in writing, by registered letter with acknowledgement of receipt, sent to the registered offices of F.lli Campagnolo at the following address

F.lli Campagnolo S.p.A.

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; (iv) photographs of the Product concerned and, where applicable, of the defect or fault found.

5.5 The basic characteristics of the 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.

5.6 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 F.lli Campagnolo also recommends that Customers read the Terms and Conditions of Website Use, as they contain important information on how F.lli Campagnolo processes the personal data of Customers and the security systems adopted to protect such data.

7.3 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 Italian with a courtesy translation in other languages. In the event of any discrepancies between the Italian version and the relevant translations, the Italian version will prevail.

  1. Applicable law

The General Terms and Conditions of Sale are governed exclusively by Italian law, with the express exclusion of the application of the Vienna Convention on Contracts for the International Sale of Goods of 1980.

  1. Jurisdiction

Any dispute arising from or relating to the use of the Website or to Contracts shall be decided by the judge of the place of residency or domicile of the Customer.

In addition, according to Regulation (EU) 524/2013, the Customer has the right to request an out-of-court resolution of disputes regarding consumer law by means of the website http://ec.europa.eu/consumers/odr/.

 

 

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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