Please read the following terms and conditions of use carefully before placing your order.
Corso Ho Chi Min, 107/A
97013 Comiso (RG)
VAT no. IT01736150887
Reg. no. RG – 429217 in Ragusa’s Company register
- GENERAL PROVISIONS
These General conditions of sale (hereinafter “General Terms”) apply to all the sales of products (hereinafter, “Products” or “Product”) purchased through the internet website https://esportsim.com (hereinafter “website”).
Use of the remote sale service described in these General Terms is reserved to consumers (Hereinafter, “Customers” or the “Customer”), meant a natural person that purchases the Products for purposes not relating to his professional activity, that is without referencing a VAT number and also to companies and professional activities.
The languages available for closing the contract is English.
The protection of consumers in online sales is regulated by Legislative Decree no.206/05 of the Consumer Code and following modification and based on the provisions of art.68 of same, with the application of Legislative Decree 70/03 on e-commerce for anything not expressly covered therein.
- SELLER DETAILS
Seller is Esportsim srl (hereinafter “Esportsim”), with head office in Corso Ho Chi Min, 107/A – 97013 Comiso (RG) – Italy, VAT no. IT01736150887 Reg. no. RG – 429217 Ragusa’s Company Register.
- PRODUCT INFORMATION
Information regarding Esportsim’s Products is available through the web site www.esportsim.com
In any case, if the Customer wishes to obtain further information shall contact Esportsim via email: [email protected].
It’s been understood that despite the description of Products on the website, a slight variation in items may occur.
The picture of the products listed on the website, where present, is usually a photo of the product itself and its goal is to present the product for selling without the guarantee that the product is exactly similar to the photo.
In case of discrepancy between the photo and the Product’s specification, the description of the Product’s Specification shall prevail.
All prices are listed in Euro. Product prices do not include VAT and transport costs, which are calculated according to the place of destination listed on the web site.
- PRODUCT ORDER
The essential characteristics and prices of the Products are shown in each Product offer and Product Specification as indicated in art. 3 of these General Conditions of sale.
Before entering an order, the Customer will have the possibility of correcting any mistakes in the data entered, using the editing procedure explained on the website. In particular, the Customer may edit the quantity of Products he or she wishes to purchase, adding or removing one or more Products.
By entering the order, the Customer is acknowledging and declaring that he or she has read all the information provided during the purchasing procedure and fully accepted the General Terms.
Esportsim reserves the right to evaluate whether the orders received can be accepted.
Esportsim will inform the Customer if the order received cannot be accepted within 24 hours calculated from the working day following the date on which the Customer sent the order and shall refund any amounts already paid by the Customer for the Products.
- METHOD OF PAYMENT
The payment of the purchased products can be made by Credit card, Paypal, or Bank Transfer as indicated on the web site.
- PAYMENT WITH CREDIT CARD AND PAYPAL.
After the order is confirmed through the website, the Customer will be redirected to one of the following sites:
- Paypal processes payments in accordance with their maximum security protocol.
- Credit card: online payment is handled by the platform Stripe
The system supports all credit cards (Visa, Mastercard, American Express) and uses all the existing safety protocols 3D Secure – Verified by Visa, MasterCard SecureCode, and CV2 to guarantee total peace of mind in the payment process.
The data supplied for payment with a credit card or bank account will be encrypted and sent directly to the bank that will authorize the payment. No credit card or bank account payment details will be sent to the Esportsim website nor will they be stored in the archives of the Esportsim website.
Once the payment operation has been completed, the Customer is automatically directed to the Esportsim website to complete the order.
For Credit Card and PayPal process payment, the related invoice shall be issued at the moment the Products are handed to the courier responsible for the delivery.
- ORDER CONFIRMATION
The order is processed once the various intermediate technical phases have been completed and the total amount has been paid.
- INVALID ORDERS
A contract shall not be deemed closed between Esportsim and the Customer if Esportsim has justified reasons to believe that the Customer is not operating out of an actual and genuine interest in the purchase of the products ordered or is abusing the right of withdrawal.
In said cases, the order sent by the Customer shall have no validity, Esportsim shall send to the Customer an email message notifying the failed closure of the Contract and refund any charges and/or expenses borne by the Customer.
- SHIPMENTS, DELIVERY TIME, DESTINATIONS AND COSTS
Esportsim delivers to all the countries indicated on the website.
The Products ordered will be sent to the postal address specified by the Customer.
The Customer can not attribute any kind of responsibility to Esportsim in case of a delay in the fulfillment of an order or in the delivery of the Products.
On the product page is usually indicated the lead time.
However, the supply times depend on factors external to Esportsim’s will while delivery times will be diversified in consideration of a series of circumstances, such as the method of payment and the delivery place.
Sometimes it’s possible that the Products are not available due to multiple contemporary orders that bring to the end of the stocks, or in case of special Products that need to be made.
Esportsim will inform the Customer of its best delivery dates and will try to dispatch the order as soon as possible.
In any case, Products travel at the Customer’s risk.
However, Customers shall accept packages with reservations in case of damages.
On delivery, the Customer must always check:
a – that all the Products that have actually been sent and invoiced are present;
b – that the packages are intact.
No complaints for missing products (compared to invoiced products) or for damaged products if the shipment was not accepted with reservation shall be accepted by Esportsim.
- FILING AND REVIEWING AN ORDER
Once you have entered an order, you have 24 hours to edit the order and change either the items or the delivery address. Customers need to call +39 0932 518879 and send an email to the following address: [email protected].
- RIGHT OF WITHDRAWAL (CONSUMER CODE LEG. DECREE 206/05 AND LEG. DECREE 21/2014)
According to art. 52 s.s. Legislative Decree 206/2005 (Consumer Code), the Customer has the right to withdraw from the purchase agreement for any reason and without giving an explanation, within 14 days from the delivery of the Products.
To exercise this right, the Customer must send communication via registered mail, within 14 (fourteen) working days from the reception of the Products.
The essential condition for exercising the right of withdrawal is the substantial integrity of the Products to return.
Once the integrity of the Product is verified, Esportsim will refund the entire amount paid by the Customer for the Products object of the withdrawal within 30 (thirty) days from the return of the same Product.
Esportsim will refund the entire amount of the order, or part of it in case of partial withdrawal, by Bank Transfer, or by other methods agreed by Esportsim and the Customer.
The costs for the return of the Products to Esportsim are still charged to the Customer.
- NON-COMPLIANCE OF THE PRODUCTS AND DEFECTIVE PRODUCTS
The products offered on the website are compliant with Italian and EU legislation.
Esportsim guarantees a 24 months warranty policy from the reception of Products to the private Customer.
Esportsim guarantees a 12 months warranty policy from the reception of Products to the Professional Customers who have indicated a VAT ID during the order.
Extra EU Customer:
Esportsim guarantees a 12 months warranty policy from the reception of Products.
The images and colors of the Products published on the website may be different from the real ones due to the local settings of the systems and/or of the instruments used for their display.
In case of lack of conformity to the description published on the website of the Products purchased and in case of a defective product, the Customer shall claim the defect sending an email to [email protected].
In case Esportsim recognizes the defect the Customer has the right to a refund or to the replacement of the non-conforming Products.
A communication by the staff of Esportsim will follow, stating the method of refund, which may also happen via discount coupons on the next purchase superior to the amount of the Products to refund, excluding any further responsibility of Esportsim.
The product information provided on the website is constantly updated.
However, it is not possible to guarantee that it will be completely free from mistakes.
Esportsim reserves the right to correct mistakes, inaccuracies, or omissions even after an order has been sent to the Customer as well as change or update the information at any time without prior notice.
All the communications from the Customer to Esportsim regarding the purchase agreement must be communicated via e-mail ([email protected])
- INTELLECTUAL PROPERTY RIGHTS
All the trademarks (registered and not registered), every and any intellectual property, distinctive sign or name, image, picture, written or graphic text, and generally any other intangible good protected by laws and international conventions dealing in intellectual and industrial property reproduced on the website, remains the exclusive property of Esportsim and/or its assignors, the access to the website and/or the stipulation of the purchase agreement will not derive the Customer any right to the intellectual property.
Any use, even partial, is prohibited without the written authorization from Esportsim and/or its assignors, to whom all the rights are exclusively reserved.
- APPLICABLE LAW
In case of disputes, Italian law will be applied for sales to companies or traders, while for direct consumers, the law of the consumer’s Country will be applied.
Any eventual controversies relating to the interpretation and execution of the present agreement in acceptance of the General Conditions will be solved by the competent judicial authority based on the subject in the case of “consuming Customers”.
In the case of “Professional Customers” of EU (European Union), EFTA (European Free Trade Association) Countries as Brazil, Argentina, Egypt, Lebanon, Morocco, Moldova, China, Kuwait, CIS (such as Armenia, Azerbaijan, Belarus, Russian Federation, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan), Tunisia and Turkey, the competent court shall be Ragusa.
In case of “Professional Customers” of countries not mentioned above any dispute arising out of or in connection with the present contract shall be resolved in good faith based on the “Spirit of the Agreement” and if not possible within four months from the start of negotiations, shall be finally settled in accordance with the Rules of Conciliation and Arbitration of the Chamber of Commerce of Milan, by one or more arbitrators appointed by a mutual agreement of the parties within 30 days from the request for arbitration; and if the parties fail to reach an agreement, the arbitrator(s) shall be appointed by the Arbitral Council in accordance with the Rules. The seat of the arbitration shall be in Milano and it shall be conducted in the English language.
In compliance with articles 1341 and 1342 of the Italian Civil Code, the Customer hereby expressly approve the provisions under the following articles:
- INVALID ORDERS
- SHIPMENT, DELIVERY TIME AND COSTS
- NON COMPLIANCE OF THE PRODUCTS AND DEFECTIVE PRODUCTS
- APPLICABLE LAW