General conditions of Sale

Definitions:

Salesperson :

Mister Tennis Srl with registered office in Via Filippo Turati, 40 - 20121 Milan MI - Italy – VAT number: IT02880140781

Telephone number: +39.098.242.162 Hours: Mon-Fri 9:00-18:00

Site:

the website publicly accessible at www.misterpadel.com

Buyer:
a person who is of age and not acting as a professional or entrepreneur, with whom the Seller enters into a Distance Purchase Agreement.

Order:

a purchase order placed by the Buyer according to the procedures described in article 2.1 for the delivery of one or more Products.

Product :

a product that the seller displays and offers for sale on its website.

Purchase price:
the price of the Product indicated on the website, including VAT and shipping costs.

Cart:

the set of all the products that the Buyer selects via the "ADD TO CART" button.

Agreement:
the Purchase Order that the buyer has accepted as such.

Article 1. Applicability of the general conditions.

1.1

These General Conditions, made available online by the Seller at the address www.misterpadel.com, concern all offers, orders, agreements and any other agreements regulated by law, between the Buyer and the Seller with reference to the use of the Site, including the purchase and sale of Products on or through the Site.

Article 2. Conclusion and content of the agreement.

2.1

The presentation and advertising of the Products on our Website does not constitute a binding offer to conclude a purchase agreement.

2.2

The Buyer will be able to select the Products from the Seller's assortment of goods, in particular clothing, footwear and equipment for padel and leisure in the desired model, color and size, and place them in a "shopping cart" by clicking on the " ADD TO CART".

2.3

After adding all the products they wish to purchase to the cart, the Buyer can continue from the cart by clicking on the "Go to checkout" button.

You will then be redirected to an overview of your purchase order (checkout), indicating description, price and indicative delivery period. The delivery date indicated in this phase of completing the order is to be considered solely as indicative and is automatically calculated by the Site taking into account the average indicative times declared by the carriers. In no case will the expected delivery date constitute a commitment and/or contractual obligation for the Seller.

The Buyer will enter their billing address. If the shipping address differs from the billing address, you can also indicate the requested shipping address.

At this stage the Buyer has the possibility to indicate a preferred courier among those available for the destination area. The choice of courier is optional for the Buyer and does not constitute a contractual obligation for the Seller who reserves the right to entrust the shipment of the goods to the carrier deemed most appropriate based on various factors (for example logistical congestion - forecast of strikes - etc. ).

2.4

After selecting the delivery address, the Buyer can continue with the order procedure (checkout) by choosing from the following payment methods:

Credit/debit card : With this payment method, the Buyer can complete the Order by entering their credit/debit card details. By clicking on the “Confirm and Pay” button, the Buyer will place a legally binding order. The "Confirm and Pay" button will be active only if the Seller's general terms and conditions have been previously approved by ticking the box adjacent to the button itself.
Before clicking on the "Confirm and Pay" button, the Buyer may cancel the order at any time, modify its contents by removing existing goods from the cart and/or adding new products, as well as changing the shipping address and method. of payment. With the Credit/Debit Card payment method, the execution of the order binding for the Buyer and the related payment will take place simultaneously.

Bank transfer :

with this payment method, the Buyer will place a legally binding order by clicking on the “Submit Order” button. The “Send Order” button will be active only if the Seller's general terms and conditions have been previously approved by ticking the box next to the information in these general terms and conditions. Before clicking on the "Send Order" button, the Buyer may cancel the order at any time, modify its contents by removing existing goods from the cart and/or adding new products, as well as changing the shipping address and the shipping method. payment. After sending the Order, the Buyer will receive a summary email containing the details for executing the bank transfer. The buyer will have 5 (five) working days to make the payment and notify the seller, after this period the seller may cancel the order by promptly notifying the Buyer.

PayPal:
with this payment method, the Buyer will place a legally binding order by clicking on the “Pay with Paypal” button. The “Pay with Paypal” button will only be active if the Seller's general terms and conditions have been previously approved by ticking the box adjacent to the button itself. Before clicking on the "Pay with Paypal" button, the Buyer can cancel the order at any time, modify its content by removing existing goods from the cart and/or adding new products, as well as changing the shipping address and method. of payment. Once the "Pay with Paypal" button is selected, the Buyer will be redirected to the PayPal website to make the payment. At the end of the payment procedure on the PayPal website, a binding Order will be generated for the Buyer at the same time as the payment.

Mark:
with this payment method, the Buyer will place a legally binding order by clicking on the "Send Order" button, committing to pay the amount to the courier when the products are delivered to the delivery address. The buyer must deliver to the carrier only cash (or other immediate payment systems accepted by the carrier). Under no circumstances may bank checks and/or other payment instruments be accepted as payment.

Cash on delivery payment involves the additional payment of a "cash on delivery fee", duly and clearly indicated in the checkout phase, which will be added to the overall total to be paid.

2.5

The order will become binding for the Seller only after the Seller has accepted the order in writing, either through a declaration of acceptance or through delivery of the ordered Product. The Seller will immediately confirm receipt of the Order placed by the Buyer via the Website by sending an email to the Buyer. The aforementioned e-mail constitutes only a confirmation of receipt of the order by the Seller and does not constitute a binding acceptance of the Order, unless it also contains a declaration of acceptance, in addition to the confirmation of receipt.

2.6

The Seller reserves the right to refuse the Order placed by the Buyer or cancel the Buyer's account, in the following specific cases:

• If the total value of the Order exceeds the amount specified in the payments section of the FAQ;
• If the data entered by the Buyer is false and/or incomplete, or the Seller can reasonably question its veracity;
• If the payment due by the Buyer is not made immediately after placing the Order or in any case within the required deadlines;
• If the Buyer has not fulfilled payment obligations towards the Seller in the past;
• If the Buyer has refused to accept and/or has not collected orders placed in the past with the Seller;
• If you discover an obvious or processing error in the prices listed on the Website;
• If the requested shipping address is not located in the Buyer's country of residence;
• If any action by Buyer is found to be fraudulent or suspicious.

2.7

In case of non-acceptance of the order, the Seller will notify the Buyer as soon as possible. In this case, any payment already made by the Buyer will be immediately refunded, but the Seller reserves the right to withhold a sum corresponding to any damage caused by the Buyer as a result of fraudulent and/or suspicious activities.

2.8

The Order, the confirmation of the Order by the Seller, as well as the Data Protection Directive and the Website Terms of Use published on the latter, as well as the aforementioned General Terms and Conditions, constitute the Agreement as a whole between the Buyer and the Seller relating to the use of the Website and the placing and execution of an order.

Article 3. Shipping method and delivery dates.

3.1

Delivery will be made via a carrier designated by the Seller.

During the checkout phase, the Buyer has the right to indicate a preferred courier, but this does not constitute a restriction for the Seller, who reserves the right to designate the most suitable carrier to reach the destination address indicated by the seller in the quickest and safest way. 'Buyer.

3.2

If the Buyer has decided for an advance payment, once the Agreement has been concluded and provided that the Buyer has paid the Purchase Price in full, the Seller will send the Products in the shortest time to the address indicated by the Buyer. possible and in any case within thirty (30) days unless the parties have agreed on a longer delivery period. An expected delivery date will be indicated on the Site, which is to be understood as purely indicative and not binding for the Seller.

3.3

The Seller will deliver, to the extent possible, according to the agreed delivery dates; in any case, the Buyer acknowledges that the delivery dates, depending on services provided by third parties, are indicated by the Seller on the basis of information received from said third parties at the time of Purchase.

3.4

If delivery is delayed or if the Order cannot be executed in whole or in part, the Buyer will receive a notification within 30 (thirty) days of the conclusion of the Agreement. In case of delay, the Buyer may withdraw from the Agreement, without penalties, until the Order is delivered. If an Order cannot be executed in whole or in part, it may be canceled by the Seller, with reference only to the Product that cannot be delivered. Under no circumstances will the Seller be held directly or indirectly responsible for any damage caused by delay in delivery by the carrier.

3.5

From the moment the Product is delivered, the risk arising from any damage or loss will be borne by the Buyer.

Article 4. Price and payment.

4.1

The prices indicated on the Site are shown in Euros and include Value Added Tax (VAT) and do not include shipping costs. Shipping costs are clearly indicated during the checkout phase and may be granted free of charge if the amount of the Order exceeds certain thresholds clearly indicated on the Site. The total Purchase Price due will be indicated when the Order is finalized and the Agreement confirmed.

4.2

The Seller will have the right to change the prices indicated on the Site from time to time without this being communicated. The prices indicated at the time of the Order must be considered those that form part of the Agreement, intended as accepted by the Buyer. No refund and/or integration will be due to the Buyer following changes to the sales prices made by the Seller after sending the Order.

4.3

Payments may be made using one of the methods indicated on the Site and in any case no later than 14 days from delivery of the Product.

4.4

The Buyer is obliged to promptly notify the Seller of any errors in the payment details provided to him.

4.5

If the Buyer does not respect the payment deadline, he will be considered in default and the Seller may apply legal interest to the price due starting from the date on which payment should have been made.

Article 5. Right of return.

5.1

The Buyer has the right to return, free of charge, the Product delivered within 14 days of receiving the Product, without providing the reason for the return, in the manner indicated by the Seller, provided that the Product has not been used or worn (it is permitted the testing of the clothing and/or shoes in a clean environment for the sole purpose of verifying the actual size), has not been damaged and is contained in the intact original packaging. Any protective seals (eg plastic protection of the handle of a racket) must not have been removed. The Buyer is not authorized to replace the Product with another Product. If the Buyer wishes to purchase another Product, he will have to place a new Order on the website.

5.2

In the case referred to in the previous clause, the Seller will refund the purchase price as soon as possible, but in any case within 30 days of receiving the returned product. If all Products covered by the Agreement are not returned, the Seller has the right to deduct the original shipping costs from the Purchase Price to be refunded, because an equivalent amount of shipping costs will be due for the Products not returned. For clarification, if the amount of the returned Products reduces the net value of the Order below the minimum threshold for obtaining free transport, the Seller will charge back the amount due for transport by deducting this amount from the value of the refund.

5.3

Products purchased for professional purposes (VAT registered buyer) cannot be returned.

 

Article 6. Force majeure.

6.1

The Seller is not responsible for any damage resulting from delay in delivery or non-delivery which is caused by circumstances which prevent him from fulfilling his obligation, for which he cannot be blamed and for which he is exonerated by law. , an act or conventions, such as – but not limited to – war, threat of war, civil war, riots, day of national mourning announced by the government, strikes, transport problems, trade restrictions, problems with the authorities customs, fire, flood, earthquake or bankruptcy of third parties engaged by the seller, a failure on the part of the Seller's supplier to supply goods or a failure on the part of the Seller's supplier to supply the goods in a timely manner, interruption in the supply of goods by third parties, including water and electricity, and other serious interruptions in the commercial activity of the Seller or third parties appointed by the latter.

6.2

If the Seller, following an event of force majeure, does not fulfill its obligation under the Agreement or does not fulfill it promptly, it may fulfill the Agreement within a reasonable time or - where performance within a reasonable time is impossible – both the Buyer and the Seller may terminate the Agreement in whole or in part, without obligation to pay any compensation.

Article 7. Complaints.

7.1

The contact details of the Seller or the third parties that the Seller has appointed to manage disputes can be found on the Site by clicking on "Help → Contact Us".

7.2

The Buyer must inspect the Product when it is delivered to him and notify the Seller within a reasonable time if there are visible defects or if there are any disputes in relation to the performance of the Agreement.

7.3

The Seller must respond to any dispute within 14 days of receipt. If the Seller expects not to be able to manage the dispute in time, it will communicate to the Buyer, within 14 days, the deadline within which the latter can expect a response.

7.4

The Buyer acknowledges that complaints regarding minimal changes, changes generally considered acceptable and changes that cannot be avoided or that are very difficult to avoid while respecting quality, size, color, finishes, etc. are not justified. of the product.

These complaints, as well as those concerning items that are no longer part of the products on sale, are unfounded. The Seller will not be responsible for any damages suffered by the Buyer in relation to such disputes.

7.5

If the Seller decides to recall a Product, the Buyer will undertake to provide maximum cooperation. The Buyer will immediately notify the Seller if he suspects that a product is defective and will therefore be recalled.

Article 8. Retention of title.

8.1

The Seller will retain ownership rights over all Products to be delivered until the following obligations towards the Seller are fully fulfilled:

• the obligations and obligations (including payment ones) of the Buyer in relation to the Products which, pursuant to the Agreement, have been or are to be delivered; And
• disputes by virtue of a breach by Buyer in connection with its performance of this Agreement.

Article 9. Guarantees and responsibilities.

9.1

The Seller is obliged by law to provide a Product that complies with the contract stipulated with the Buyer.

9.2

The Seller is not responsible for any indirect, further or consequential damages, of any kind, which the Buyer suffers in connection with the Agreement. In no case may direct damage, for which the Seller is legally responsible towards the Buyer, exceed the Purchase Price, except where this is expressly provided for by law.

9.3

The Seller refers to its responsibilities with reference to the Site and its use.

Article 10. Applicable law.

10.1

Italian law applies to this contract.

Article 11. Void clauses.

11.1

In the event that any clause of these General Conditions is void:

• the other clauses contained in these General Conditions must be considered effective; And
• the void clause must be interpreted or converted into a valid one having the same purpose.

Article 12. Changes to the general conditions.

12.1

The Seller will have the right to modify these General Conditions from time to time. The most recent version of the General Conditions will be inserted on the Site. The Buyer must always consult these General Conditions before using the Site. If the Buyer is unable to consult the General Conditions via Internet, the Seller must send him a copy of the most recent version recent by email.