The offer and sale of products made on the Skullfit website (hereinafter “Website”) are governed by these General Sale Terms.
Before sending a purchase order, the Client must carefully read these general sale terms.
The transmission of the purchase order implies full knowledge and express acceptance of both the above-mentioned sale terms and the contents of the Order Form.
Once the online purchase procedure has been completed, the Client must print and file these general sale terms and the relative order form, already viewed and accepted.
1.1 The subject of these General Sale Terms is the online sale of products through the electronic commerce service on the Skullfit website (hereinafter “Website”).
1.2 Products sold on the Website can be purchased and delivered only to the countries indicated in the Order Form. Any orders that need to be delivered to countries other than those listed, shall be automatically rejected during the order processing procedure.
2.1 Products are sold directly by Skullfit in the name of Skullfit with registered offices in Italy, in via Mensa, 3 Santa Maria in Fabriaco (RA), VAT No. IT00727070393 (hereinafter “Skullfit” or “Seller”). For all requests for information, the Seller can be contacted via email at the following address: email@example.com
2.2 These General Sale Terms govern the offer, transmission and acceptance of orders for the purchase of products on the Website; they do not govern the supply of services or the sale of products by parties other than the Seller, which are present on the Website through links, banners or other hypertext links. Before transmitting orders and purchasing products and services from parties other than the Seller, we recommend that the Client read their sale terms, as the Seller shall not be responsible for the supply of services by third parties other than the Seller.
2.3 Products are sold to the Client identified by the information inserted during the compilation and transmission of the electronic order form, through which these General Sale Terms were accepted.
2.4 Product offers on the Website are intended for adult clients of a legal age. If the Client is a minor under the age of 18 years, they must obtain consent from their parents or legal carer to make purchases on the Website. By placing an order through this Website, the Client guarantees that they are of a legal age (18 years) and in possession of the legal capacity to stipulate binding contracts.
2.5 It is prohibited for the Client to insert false and/or invented and/or imaginary names during the online order procedure and in subsequent correspondence. The Seller reserves the right to legally pursue all violations and breaches, in the interest and for the protection of all consumers.
2.6 Moreover, by accepting these Sale Terms, the Client releases the Seller from all liability resulting from the issuing of incorrect fiscal documents due to errors relative to information provided by the Client while placing the online order, given that the Client is the only party responsible for the correct insertion of said information.
3. Sale through electronic commerce service
3.1 The online sale contract implies a contract stipulated by remote, the subject of which is the sale of movable assets (hereinafter “Products”), stipulated between the Client and Skullfit, in the capacity of Seller, as part of an electronic commerce service organised by the Seller, which for said scope uses long-distance communication technology called the “Internet”.
3.2 In order to finalise the contract for the purchase of one or more Products, the Client must fill in the electronic order form (hereinafter “Order”) and send it to the Seller through the Internet, following the relative instructions.
3.3 The Order includes the following:
- reference to these General Sale Terms, including the times and methods for the return of purchased Products and the conditions for the exercise of the right of withdrawal by the Client;
- information and/or images of each Product and their relative price;
- methods of payment that the Client can use;
- delivery methods for the purchased Products and the relative transportation and delivery costs;
3.4 Although Skullfit continuously adopts measures designed to ensure that the photos shown on the Website are faithful reproductions of the original products, including therein the adoption of all possible technological solutions to reduce imprecisions to a minimum, the possibility for certain differences remains due to the technical characteristics and the colour resolution of the computer used by the Client. As a consequence, the Seller shall not be responsible for the inaccuracy of graphical representations of products shown on the Website, in the event these are due to the above-mentioned technical reasons, as said representations play a merely illustrative role.
3.5 Prior to finalising the contract, the Client will be asked to confirm that they have read the General Sale Terms, including the informative note on the right of withdrawal and the handling of personal information.
3.6 The contract is considered finalised when the Seller receives the Order Form sent by the Client via the Internet, after having checked the correctness of the information in the Order.
3.7 The language available for the finalisation of the contract with the Seller will be that selected by the Client; in any case, the applicable law shall be Italian law.
3.8 Once the contract has been finalised, the Seller accepts the Client Order for processing.
4. Order Processing
4.1 Through the transmission of the Order through the Internet, the Client unconditionally accepts and undertakes to respect these General Sale Terms in all their relations with the Seller.
4.2 Once the contract has been finalised, the Seller sends the Client an Order Confirmation via email, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The Seller reserves the right, prior to sending the Order Confirmation, to contact the Client using the email address or telephone number provided by the Client, to request further information in reference to the Order sent through the Internet.
4.4 The Seller will not be able to follow through on purchase orders made by Clients that do not provide sufficient guarantees of solvency, or which are incomplete or incorrect, or in cases where products are unavailable. In these cases, the Seller will inform the Client via email that the contract has not been finalised and that the Seller has not followed through on the Client Order, specifying the reasons. In said circumstances, the sum previously withheld through the Client’s selected payment method will be released.
4.5 In the event the products on the Website are no longer available or sold following the transmission of the Order, the Seller will inform the Client, promptly and in any case within thirty (30) working days from the day after the Order was sent to the Seller, that the ordered Products are no longer available. In said circumstances, the sum previously charged through the Client’s selected payment method will be reimbursed.
4.6 Each sale made by the Seller through the online sale service may relate to one or more products, without their being a quantitative limit for each item.
4.7 The Seller reserves the right to refuse orders received from a Client with whom a legal dispute regarding a previous order is currently in progress. This is equally applicable to all cases in which the Seller deems the Client not to be suitable, including therein, for example purposes, in the case of previous violations of contractual terms for online purchases on the Website, or for any other legitimate reasons, above all if the Client has been involved in fraudulent activities of any nature.
5. Sale prices
5.1 Unless otherwise indicated in writing, all Product and transportation and delivery prices indicated on the Website and in the Order are to be considered as inclusive of VAT and expressed in Euros. The validity of the indicated prices is always and only that indicated on the Website at the time the Order is sent through the Internet. Product and transportation and delivery prices may vary without the obligation to provide advance notice. The Client must therefore check the final sale price prior to sending the relative Order.
5.2 All Products are sent directly from Italy. Product and transportation and delivery prices indicated on the Website and in the Order, unless otherwise specified, must be considered as non-inclusive of any costs associated with customs duties and relative taxes, in cases where products are transported to non-EU countries or countries where the legislation in force imposes import taxes.
5.3 These costs are therefore the burden of the Client and must be paid directly when the Products are delivered, in accordance with the instructions specified in the Order Confirmation.
6. Payment methods
For payment of the cost of Products and relative transportation and delivery costs, one of the methods indicated in the order form on the Website can be used, summarised here below.
6.1 Payment by credit card and prepaid cards (provided they are enabled by the banking institute or Paypal circuit)
6.1.1 For online orders on the Website, the Seller accepts both credit card and prepaid card payments (provided they are enabled by the banking institute or Paypal circuit), without any surcharges on the cost of the Product and its transportation. It remains implicit that the Client must be the owner of a valid credit card at the time of the order for Products purchased online, and that the name on the credit card must be the same as that provided for invoicing purposes. In the absence of said conditions, it will not be possible to process the order.
6.1.2 At the time of the online purchase, when the Order Confirmation is sent, the amount relative to the Order will be charged to the Client’s credit card. The amount will therefore be effectively charged to the Client’s credit card the moment the Order is sent to the Seller.
6.1.3 If, once the package containing the ordered Products is received, for any reason whatsoever the Client intends to exercise their right of withdrawal, following the successful payment of the Products purchased online, the Seller will credit the amount that needs to be reimbursed directly to the card previously used for the payment.
6.2.1 If the Client has a Paypal account, the Seller offers the possibility to make payments using an email address and relative password, with which the Client is registered on www.paypal.com.
6.3 At no time during the purchase procedure is the Seller made aware of information relative to the credit card (for example, the credit card number or expiry date), which is sent through a secure connection, protected by an encrypted protocol, directly to the website of the party that manages the electronic payment (banking institute or Paypal). The Seller does not store said data in any of its electronic databases.
6.4 Therefore, under no circumstances may the Seller be held liable for any fraudulent and illicit use of third-party credit cards or prepaid cards.
6.5 Payment on delivery. The Client must pay the courier directly, in cash only, at the time of delivery.
7. Transportation and delivery of products
7.1 Each consignment includes:
- the ordered Product/s;
- any accompanying documentation requested, depending on the destination country
- any informative or marketing materials
7.2 Products purchased on the Seller’s Website may be delivered in different ways.
7.3 Direct delivery to Client. The Client is responsible for providing the correct delivery address during the order phase.
7.3.1 Purchased products will be delivered by the courier identified by the Seller, to the delivery address indicated by the Client in the Order. For additional information on delivery costs, times and methods, and the countries served, see the Transportation and Delivery section.
7.3.2 When goods are received at the Client’s address, the Client must check the condition of packages at the time of delivery by the courier. In the case of irregularities, the Client must inform the courier and make note of said irregularities, and reject the delivery. Otherwise, the possibility to exercise said rights in this regard shall be forfeited.
7.3.3 Failure to retrieve the goods once they have reached their destination or the provision of an incorrect or non-existent delivery address shall result in the cancellation of the order by the Seller and the reimbursement of the entire sum previously paid, net of transportation costs borne (both delivery and return), and net of any accessory costs borne to store the package at the Courier’s facility. The amount will be reimbursed to the Client’s credit card or Paypal account depending on the payment system selected during the online purchase.
7.4 Delivery to an agreed point of sale and retrieval by the Client.
7.4.1 Only in cases where this option is specifically available during the purchase phase, purchased Products can be delivered by the Seller to the Client at an agreed point of sale, which the Client can select when placing the Order. See the Transportation and Delivery section for additional information on delivery costs, times and methods and countries served.
7.4.2 When products purchased with delivery to a point of sale are delivered, the Client will receive a notification message via SMS and/or via email. From that moment on, they will have 5 working days to retrieve the Products in the Order, in accordance with the methods described in the Order Confirmation.
7.4.3 Failure to retrieve the goods within this period shall result in the cancellation of the order by the Seller and the reimbursement of the entire sum previously paid, net of transportation costs borne (both delivery and return), and net of any accessory costs borne to store the package at the Courier’s facility. The amount will be reimbursed to the Client’s credit card or Paypal account depending on the payment system selected during the online purchase.
8. Right of Withdrawal
8.1 Only if the Client that stipulates the contract is a Consumer (said definition implies any natural person that acts on the Website for scopes not linked to their business or professional activities), will they have access to the right of withdrawal from the contract finalised with the Seller, without incurring any penalties and without needing to specify the reason, within fourteen (14) working days, starting from the day the products purchased on the Website are received.
8.2 To exercise the right of withdrawal, the Client must send an email to firstname.lastname@example.org within fourteen (14) working days starting from the date the Products are received, specifying the Order number and the item code/s for which the right of withdrawal is being exercised.
8.3 After receiving the email as per the previous article, the Client will receive instructions on how to return the Product/s.
8.4 The right of withdrawal is subject to the following conditions:
- Returned Products must be returned integral and not parts or components thereof, also in the case of kits;
- Returned Products must not have been used, worn, washed or damaged;
- Returned Products must have been returned in their original, undamaged packaging;
- Returned Products must be sent to the Seller in a single consignment. The Seller reserves the right not to accept the Products pertinent to one Order, returned and sent at different times;
- Returned Products must be delivered to the courier within fourteen (14) working days, starting from the date on which the products were received (the delivery date declared by the Courier shall be used as the reference);
- in the event the Seller, following the purchase of a certain Product package, offers the possibility to purchase the Products at a lower price with respect to the cost that would normally be applied if said Products were purchased individually (e.g. 5x4, 3x2 etc.), the right of withdrawal may also be exercised by returning only some of the purchased Products: in this case, the price will be recalculated, using the cost normally applied for the purchase of the single Product as a reference. In all other hypotheses (e.g. combined sales, bonus operations, etc. etc.) the right of withdrawal can only be exercised by returning all Products included in the purchase, thus excluding all partial exclusions.
8.5 If the right of withdrawal is exercised by the Client in compliance with the previous conditions (paragraph 8.4), the Seller is obliged to reimburse the sums paid by the Client within and no later than 30 days from when the Seller receives the returned products.
8.5.1 The amount initially charged by the Seller is normally credited very quickly, but the period of time for the credit to be effectively visible to the Client will depend on the Client’s bank, credit card institute or Paypal. If an order is paid for by cash on delivery, the Client must indicate their preferred method of reimbursement, whether a Paypal account or Bank Deposit.
8.6 In the event of returns, the only costs at the expense of the Client shall be those for the original transportation of the order for the purchased products.
8.7 The Seller undertakes to bear the initial transportation costs of Products, exclusively in the event Product damage is due to transportation or forwarding errors made by the Seller themselves. Only in these cases will the Seller reimburse the delivery costs paid by the Client. The Seller will send an express courier to retrieve the Product from the address indicated by the Client.
8.7.1 When returning products, the Client must use only the Courier indicated by the Seller in the return instructions: in this way, the Client will not need to pay the amount due for the return of purchased products, because said payment will be made on their behalf directly by the Seller. Except in the circumstances described in previous point 8.7, and in cases where products are returned due to defects, the Seller will deduct a fixed amount from the Client’s reimbursement, equal to the amount paid for the transportation and delivery of the purchased products to the Client’s address, or the transportation costs normally charged for the destination country. Moreover, the moment the purchased products are redelivered to the carrier indicated by the Seller in the online returns form, the Seller shall release the Client from all liability in the event the products are damaged or lost during transportation.
8.7.2 If the option for products to be delivered to an agreed point of sale was available when the online returns form was completed, the Client can return the Products directly to the point of sale agreed upon with the Seller. In said case, the Client will be reimbursed not only for the purchase price, but also for the transportation costs previously borne for the delivery of the purchased Products. The moment the products are redelivered to the point of sale, the Seller shall release the Client from all liability in the event the products are damaged or lost during transportation.
8.8 If the right of withdrawal is exercised, the Seller will reimburse the amount due within 30 days from the date it receives the returned Products, in accordance with the above-described methods, crediting the amount due for reimbursement using the same payment method selected by the Client when the Order was placed.
8.9 If the right of withdrawal is exercised in non-compliance with the above-described methods (e.g. after more than 14 days as set forth by the law, or without following the instructions for returns), the Seller will send the purchased Products back to the Client, charging the latter for any additional transportation and delivery costs.
8.10 The right of withdrawal is not applicable in the case of products that have been personalised further to the specific request of the Client when placing the Order.
9. Warranty for non-conformity of products
9.1 The Seller is responsible for any defects in the products offered on the Website, including therein the non-conformity of items with the ordered products, pursuant to Italian legislation.
9.2 If the Client has stipulated a contract in the capacity of Consumer (said definition implies any natural person that acts on the Website for scopes not linked to their business or professional activities), this warranty is only valid provided both of the following conditions are met:
a) the defect is manifested within 24 hours from the date the products are delivered;
b) the Client makes a formal claim relative to the defects within a maximum of 2 months from the date the defect was recognised by the Client;
c) the returns procedure is correctly followed.
9.3 In particular, in the event of non-conformity, the Client that has stipulated the contract in the capacity of Consumer shall have the right, at the discretion of the Seller, to restore the conformity of products at no charge, through their repair or replacement, or rather to benefit from an appropriate discount, or rather to dissolve the contract relative to the disputed goods with the subsequent reimbursement of the cost.
9.4 All return costs for defective products shall be borne by the Seller.
10. Contact details
For all requests for information, contact us via email at email@example.com
11. Client communication
The Client acknowledges, accepts and provides their consent for the fact that all communications, notifications, certifications, information, cost-reporting and any documentation relative to the operations carried out, in reference to the purchase of Products, shall be sent to the email address provided at the time of registration, with the possibility to download the information on a durable medium using the methods and within the limits set forth on the Website.
13. Applicable law, dispute resolution and jurisdiction
13.1 These General Sale Terms are governed by Italian law and shall be interpreted based on said law, save for any peremptory norms that prevail in the Client’s normal country of residence. As a consequence, the interpretation, execution and dissolution of the General Sale Terms are subject exclusively to Italian law and any disputes inherent and/or consequent to the General Sale Terms shall be dealt with exclusively under Italian jurisdiction. In particular, should the Client act in the capacity of Consumer, any disputes shall be handled by the courts in the Client’s place of domicile or residence based on the applicable law, or, at the discretion of the consumer in the case of proceedings commenced by the consumer themselves, by the Court of Bologna. Should the Client act in the capacity of an entrepreneurial, commercial, artisan or professional business, the parties mutually agree that disputes shall be heard exclusively by the Court of Bologna.
14. Variations and updates
The Seller can make variations and amendments to these General Sale Terms at any time. Therefore, the Client shall be requested to exclusively accept the General Sale Terms in force at the time of the purchase. The new General Sale Terms will be valid from the date of publication on the Website and in relation to purchase orders submitted subsequent to said date.