1.      Definitions
    By “Online selling contract” it is meant to refer to the purchase contract having as an object the Products by the Supplier (as from now on he/she will be called); the contract is made between the Supplier and the Customer (as from now on he/she will be called), within a system of distance selling via telematic tools, arranged by the Supplier (from now on, the “Contract”).
    By “Buyer” or “Customer” it is meant to refer to the Customer as natural person who makes the purchase to which this contract refers, for purposes that cannot be linked to his/her business or professional activity.
    By “Supplier” it is meant to refer to the subject that makes the sale of the goods pertaining this Contract.
  2.      Parties of the Contract and access to the online purchase service
    The goods object of these terms and conditions (from now on “Products”) are put on sale by Cube Comunicazione srl, having its registered office in Italy, Via Div. Paracadutisti della Folgore, 5 – 70125 Bari (BA), VAT registration 07449390728; REA Nr. BA-557987; fully paid-up share capital EUR 50.000 (from now on “Cube Comunicazione” or “the Supplier”).
    Cube Comunicazione srl’s operating address is Via Matarrese, 270 – 70124 Bari (BA).
    The buyer (from now on also “the Customer”) expressely states to make the purchase for aims not linked to business, commerce, craft sector he/she might deal with.
    The access to the online purchase service of Products is allowed only via a Customer identification code and a password (from now on “Password”).
    The Customer is specifically prohibited from providing false or fake data in the registration to activate the implementation of this Contract and its further communications; all biographical data provided by the Customer must correspond to his/her real data and not to those of others nor fake.
    It is strictly forbidden to make more than one registration on behalf of the same person o to provide data belonging to a third person. Cube Comunicazione reserves the right to bring legal proceedings against any violation and abuse, in order to protect consumers. Cube Comunicazione declines any responsability to the Customer for tax documents that are wrong because of wrong data provided by the Customer, as the Customer is the only one responsible for their correct entry.
    The Customer must take all necessary measures in order for the Password to be held in absolute secrecy and he/she is the only responsible of any damage caused to Cube Comunicazione or third parties because of  non-compliance with such duty of confidentiality.
    It is understood that Cube Comunicazione cannot be held responsible in any case towards the Customer and/or third parties for illegal use of the Password and, in general, of the online purchase service via Website (as defined below) by unauthorized third parties.
  3.      Object and conclusion of the Contract
    With this Contract, Cube Comunicazione sells to the Buyer – purchasing remotely via telematic tools – only the Products mentioned and offered for purchase on store.sassuolocalcio.it website (from now on “Website”).
    The Contract between Cube Comunicazione and the Customer ends only via internet by the Customer’s access to the Website, where, following the instructions in the registration field, the Customer will be able to formalize the proposal for the purchase of the Products offered for selling via the Website.
    The purchase Contract ends with the order by the Customer who fills in the purchase form for the Product and sends it online. The form will be displayed in the overview of the order webpage, which can be printed and which displays Customer’s data and purchase order’s details, the price of the Products he/she purchased and delivery charges, method and terms of payment, the address where the Product will be dispatched. When receiving the purchase order from the Customer, Cube Comunicazione will send a confirmation e-mail and/or will display a webpage to confirm and summarise the order; the page can be printed and will contain data provided by the Customer in the order form. The Contract is finalised and effective only with the execution of the order and the issue of the invoice by Cube Comunicazione, and the latter has the chance – until that moment – to refuse the order. The Supplier will provide the paper invoice, which will be put in the box containing the Products.
  4.      Payment and refunds
    Cube Comunicazione accepts payment of the Products via the main credit cards (Mastercard and Visa), bank transfer, PayPal.
    Cube Comunicazione also accepts payment via cash on delivery only for orders dispatched and delivered in Italy.
    Credit card data are directly managed by banking institutions and/or finance companies, specialized in dealing online payment. Information is encrypted using encryption systems that prevent use by third parties and that are sent directly to the bank. If problems and/or irregularities are found during the telematic purchase of Products using a credit card, Cube Comunicazione will be able to carry out monitoring (including, but not limited to: checking the property of the credit card and/or checking a possible illegal use of the credit card itself, etc). At the end of such monitoring, if any irregularity is found, Cube Comunicazione will not complete the order for the purchase.
    If, on the other hand, no irregularity is found during the telematic purchase of Products, Cube Comunicazione will complete the order and deliver Products, provided that no other impediment will occur.   

 

Given the right circumstances, any necessary refund will be made to the Customer:

         i.            by transfer of credit card payment, within 14 days from the date on which  Cube Comunicazione is aware of the cause for the right to refund;

       ii.            by refunding the account specified by the Customer in the request for refund, in case the Customer has paid for the Products by delivery. Rebate will be equal to the amount paid for the Product and will happen within 14 days from the date on which the Supplier is aware of the cause that generates the right to a refund, provided that the Customer has correctly reported his/her bank data in the request for a refund.

 

  1. Timing and mode for delivering Products
    Cube Comunicazione will deliver the Products ordered through affiliated couriers. The time to complete the order can vary from 1 to a maximum of 7 working days from the execution of order and receipt of payment for the goods, within which the invoice will be issued by the Supplier who therefore accepts the order. In the event that the Supplier is unable to make the shipment of Products ordered within that period of time, a promp notiche shall be given to the Customer via e-mail and/or telephone, stating the period within which the order will be executed. It is understood that delivery times may vary depending on the country of destination and other factors, that do not depend on the will of Cube Comunicazione.

6. Shipping and Delivery costs
Cube Comunicazione delivers goods via DDP (Delivery Duty Paid) in EC countries, so in these destinations, the Products ordered will arrive directly at the place of delivery specified in the request from the Customer order, without them having to pay additional amounts with respect to what is already paid when making the order. For all other countries, delivery is by DDU (Delivery Duty Unpaid), so the courier may give the Customer – upon delivery of the Products – a separate bill for the payment of duties and taxes charged by local authorities. For more information about shipping costs, duties and customs fees, please refer to the section of the website specifically dedicated to shipments of Products.

7. Insurance and liability arising from transportation of the goods
Cube Comunicazione insures Products against theft and accidental damage from the moment they are delivered to the carrier until the moment they reach the Customer’s given address.
In any case it is understood that the Supplier is not liable for any delay in the order or delivery of Products due to the carrier, nor any damage caused to goods during transportation. Cube Comunicazione will give to the carrier goods that are perfectly untouched and matching the order requested.
Upon delivery of the Products by the courier, the Customer must check:

o    that the number of Products delivered corresponds to that specified in the order confirmation sent by e-mail prior to shipment and to thta written on the carrier’s delivery bill;

o    that the Product or packaging is not damaged nor wet or altered;


Whether any flaws are found, the Customer shall not accept the goods and he/she will raise the dispute directly to the carrier, specifically indicating which differences he/she has found. In the absence of such declaration, the Customer cannot raise further objections to the existence of obvious flaws in Products delivered.

 

8.Prices of Products
All sales prices of Products displayed and shown on the website are in Euros (€) and constitute a public offer pursuant to Art. 1336 c.c.; prices include VAT and other taxes concerning delivery within the territory of an EU country. For deliveries to countries outside the EU, as specified in paragraph 6), the carrier may require to the Customer an extra payment for taxes and local duties. Shipping costs will be calculated and shown in the procedure of purchase of the Products prior to the order by the Customer, and also displayed on the summary web page of the Customer’s order. The prices for each of the Products being offered are valid until the purchase order is submitted and they are listed in the order summary page. It is understood that the prices of Products may be altered unilaterally at any time by the Supplier, provided that the price of the Product as shown on the summary web page of the order will be binding between the Supplier and the Customer.

 

 

9.  Availability of Products
Cube Comunicazione guarantees – through the online system used – the processing and fulfillment of purchase of the Products. If a purchase exceeds the amount of existing Products in stock, the Supplier, via e-mail and/or telephone, shall inform the Customer whether the Product is no longer available or how long it has to be waited before it is available again, asking, in case, whether the Customer wishes to confirm the order or not. The computer system of the Supplier confirms the registration of the purchase order as soon as possible, by sending to the Customer a confirmation e-mail, which has no legal obligation, as it is a simple summary of the order.

10. Limitation of liability of the Supplier
Cube Comunicazione does not take any responsibility in case it fails to execute the order within the time permitted by this Agreement for service disruptions due to unforeseeable circumstances or force majeure. The Supplier shall not be liable to the Customer – except in cases of willful misconduct or gross negligence – for inefficiencies or malfunctions associated with the use of the Web Site, beyond the control of the Supplier, of its employees and/or its sub-suppliers, beyond predictability and which cannot be overcome without caution beyond average ability. In any case, the Customer loses all right sto damage claim and compensation, and there is no contractual nor non-contractual liability for direct or indirect damage to people and/or property that are caused by the rejection, even partial, of an order by Cube Comunicazione. The Supplier assumes no liability for any fraudulent or illegal use that may be made by third parties of the credit card used to pay for the Products purchased, if it proves to have taken all reasonable care possible at the time and according to ordinary care.  Cube comunicazione does not refund the amount paid for customized Products.

11.Liability for defective Products, proof of damage and damages payable
Cube Comunicazione cannot be held liable for any direct and/or indirect, contractual and/or non-contractual damage suffered by the Customer because of defects and/or flaws of the Product if the flaw and/or the defect is due to compliance of the Product, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer has marketed the Product, did not allow to consider the Product as defective and/or vitiated. It is agreed that no compensation is due if the Customer is aware of the defect and/or flaw in the Product, of its danger, and yet he/she has voluntarily exposed to it. In any case, the Customer has the duty of proving the defect and/or flaw in the Product purchased, the damage and the causal relationship between defect and damage received. The Customer is aware that the Products ordered are described and pictured on the Web Site, therefore, he/she will tolerate common differences and color gaps between the Products as seen on the Web Site and those received.

 

 

 

 

 

12. Warranties and Customer Care
Cube Comunicazione is liable for any defect and/or identified flaw of the Product, when due, provided that such defect and/or flaw is reported by means of registered mail to store.sassuolocalcio.it c/o Cube Comunicazione S.r.l. Via Div. Paracadutisti della Folgore, 5  70125 Bari(BA) Italy or sent by e-mail to info@cubecomunicazione.it within eight days after delivery of the Product. The complaint is not required if the Seller has acknowledged the existence of the defect and/or flaw or has it concealed.
Cube Comunicazione reserves the right to require to the Customer photographic evidence of allegedly defective and/or vitiated Products before allowing returns and/or changes. In the event that the Products are defective and/or vitiated, the Supplier shall bear the cost for taking them back to its stock.

The Supplier do not accept changes or returns of Products that have been tampered, worn, washed or otherwise altered by the Customer. The Customer shall take all necessary steps to insure the transportation of the goods returned to the Supplier for change.

In the event of theft or loss of returned Products, occurred during deliver to the Supplier, the goods will not be refunded. 
It is agreed that the Supplier will not accept returns of tailored or personalized Products (eg. clothing with printed names).
In case any defect in the Product purchased is found, the Customer can make use of the service of "Customer Service" by using a phone number and an e-mail address specifically dedicated to this service, and listed on the Website .
Customer Service will also offer to the Customer: (x) all necessary assistance for solving problems concerning any claims and/or Customer complaints; (y) any assistance during the online purchase of Products.

 

13. Obligations of the Customer
Once the process of online purchasing has ended, the Customer agrees to print and keep these general sales conditions and details of the Product being purchased.
The Customer agrees to pay the price of the Product purchased within the time and manner listed in the Contract.

14.Right of Withdrawal
The Customer has the right to withdraw from the Contract, pursuant to Legislative Decree 21/02/2014 n. 21 within 14 (fourteen) days from the day the order of purchase is sent. In the event that the Customer uses the right of withdrawal, he/she shall notify the Supplier via the form in the dedicated section of the Web Site. In any case, for the Customer to exercise the right to a refund of the price of the Product, they will have to return the Product in its intact packaging with labels, not used nor worn. 
The Customer acknowledges that the right of return cannot be exercised in relation to Products that were specially tailored and/or customized.
The only costs payable by the Customer to exercise the right of withdrawal under this Article, are the cost of transporting the Product to Cube Comunicazione. Products that will not be given back according to the above conditions will not be accepted by the Supplier and, consequently, will not be refunded.
It is understood that in case of withdrawal, the Supplier is not liable for Products’ loss or theft during the transportation of goods to the Supplier.
In case the Customer uses the right of withdrawal, the Supplier will refund the price of the Product, within 14 days from when receiving withdrawal notice, provided that within that time the goods are given back according to conditions and procedures listed in this article. The Customer must ship the goods delivered to the following address:

Store Sassuolo Calcio
c/o Cube Comunicazione Srl
Via Div. Paracadutisti della Folgore, 5 
70125 Bari
(BA) Italia

 

15. Change of Products
The Customer who wishes to change the Products purchased because of color and/or size and/or model, must follow the return procedure and place a new order.

16.  Privacy and Confidentiality of Personal Information of the Customer
Cube Comunicazione protects the privacy of its Customers and guarantees that the data processing is performed in compliance with the privacy legislation referred to in Leg. June 30, 2003, n. 196 ("Privacy Code"). The Customer is informed of the different types of consent to the use of his/her personal information, which he/she may issue on a voluntary basis and always subject to revocation, by reviewing the section in the Web site specifically dedicated to that end.

 17. Method of Filing of the Contract
Under Article. 12 of Legislative Decree 70/03, Cube Comunicazione informs the Customer that any order sent in digital form is stored on the server that hosts the Web site according to criteria of confidentiality and security.

18. Communications and Complaints
Direct written communications to Cube Comunicazione, and possible complaints will be considered valid only if sent to Cube Comunicazione S.r.l. Via Div. Paracadutisti della Folgore, 5  70125 Bari(BA),Italy, or sent by fax to n. (+39) 080.561.06.88, or sent via e-mail address to info@cubecomunicazione.it.

The Customer indicates on the Web Site registration form his/her residence and domicile address, telephone number or e-mail address which he/she wishes to be used for sending notice by the Supplier. 
It is understood that all communications of the Customer (including, but not limited to: requests, suggestions, ideas, information, materials, etc. ..) that were sent to the Supplier (including electronic form, info@cubecomunicazione.it) shall not be considered confidential information or confidential data. 
The aforesaid notices may not contain content that violates, directly or indirectly the applicable laws (including a regulatory nature) of the Italian State or any other State, and cannot in all cases: (i) infringe rights of third parties, (ii) contain information detrimental to the rights of third parties and/or untrue information, being understood that no responsibility can be attributed to the Supplier for the content, lawfulness, nature, quality and accuracy of the information entered in such communications from the Customer.

19.Jurisdiction and Applicable Law
Under Article. 63 of Lgs. Decree September 6, 2005, n. 206, all disputes concerning validity, interpretation, performance, effectiveness of this Agreement shall be resolved before the Court at the place of residence or domicile of the Customer. 
This Contract is governed by Italian law.

20.Effectiveness of the Contract
The confirmation of the purchase of Products implies the Customer’s acceptance of these general conditions of contract. These general conditions of contract will be updated and/or modified unilaterally by the Supplier and will be valid from the date of publication on the Web Site.