Terms and conditions
Below are the terms and conditions to which Obersup srl offers users access to their services available on the website www.obersup.com.
To allow a complete understanding and acceptance of these terms and conditions, the following terms. in the singular and plural. they will have the meaning indicated below:
- Owner: Obersup srl, with registered office in via San Bartolomeo 22 VAT number 02752360426, REA 212359, share capital € 10,000, e-mail address firstname.lastname@example.org, PEC address email@example.com;
- Application: the website www.obersup.com, managed by the Owner. offering e-commerce platform for the purchase of sports equipment and accessories;
- Products: the products and / or services offered through the application:
- User: the subject accessing the Application. without distinction of legal nature and purpose pursued, interested in the goods and / or services offered through the application;
- Consumer: a natural person acting for purposes extraneous with respect to commercial, craft or professional business carried out;
- Conditions: this contract governing the relationship between the Owner and the Users and the sale or delivery of the Products offered through the application.
Stipulation. conclusion and effectiveness of the Conditions
The purchase contract of the Products ends with the exact compilation and submission of the order form. This form contains the details of the orderer and the order, the price of the product purchased, any additional accessory charges, terms and conditions of payment, the address where the Product will be delivered, the time of delivery and the existence of the right of withdrawal and consent to the processing of personal data.
When the Data Controller receives from the User, the order sends a confirmation e-mail or displays a printable confirmation and summary web page, which also includes the data recalled in the previous point.
The Conditions are not considered effective between the parties in defect of what indicated in the previous point.
The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date of notification of changes to the Conditions. The User is therefore invited to view the Conditions for each access to the Application and it is advisable to print a copy for future reference.
It is understood that under no circumstances may the Data Controller be held liable in the event of loss, dissemination, theft or unauthorized use by third parties. to whatever title, of the Users’ login credentials.
Should such third-party tools deny payment authorization, the Holder can not provide the Products and will not be liable for any delay or for a non-delivery.
The user who wishes to receive the invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User that he declares and guarantees to be true shall be authentic. issuing to the Owner each more extends indemnity in this regard.
Method of delivery of the material product
Material Product means any movable good or digital good provided on a material support offered through the Application.
The Products ordered will be delivered to the User, at the address indicated by them. with the methods chosen by the User or indicated in the Application at the time of purchase. The delivery will take place in the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to proceed with the signing of the delivery documents. Without prejudice to the right of withdrawal.
If an order exceeds the quantity existing in the warehouse, the owner, through e-mail, will notify the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if it intends to confirm the order or not.
the Holder assumes no responsibility for the delay or non-delivery of the Product attributable to causes of force majeure such as accidents. explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute in the agreed time.
The Owner will not be liable to any party or third parties regarding damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes. Having the User entitled only to return the price eventually paid.
Right of withdrawal of material products
The User who holds the status of consumer and who for any reason is not satisfied with the purchase made of Products has the right to withdraw from the contract, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product.
In order to withdraw from the contract, the User must contact the Data Controller at the e-mail address firstname.lastname@example.org or call Customer Service at +39 320 8053591. The User will be informed of the modalities concerning the return of the Product. Sending the communication may validly be replaced by the return of the purchased Product. provided that they are in the same terms. The delivery date to the post office or to the forwarder will be valid between the parties.
In case of withdrawal, the Holder will refund the payments received from the User as well as the delivery costs without undue delay and, in any case. no later than 30 days from the day when the holder has read the return.
The Data Controller will reimburse the User in the same payment methods used by the User for online purchase.
The User must return the Products using at his own expense, unless the Supplier agrees to accept them, without undue delay and in any case within 14 days from the date on which he informed the Owner of his decision to withdraw.
The User is responsible for the integrity of the Product as long as the same asset is in its possession and the Holder has not provided for repair or replacement within a reasonable time.
If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the Data Controller at the e-mail address email@example.com or call Customer Service at +39 320 8053591. The Owner will give timely feedback to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported.
Contents sent by Users
The User can upload material on the Application, contents. information, announcements or listings (hereinafter the “Contents” or individually the “Content”). provided the Content is not unlawful (ie obscene, intimidating, defamatory, pornographic, abusive, or otherwise unlawful, or violates privacy, intellectual and / or industrial property rights of the Owner and / or third parties) or is not otherwise harmful to the Owner and / or third parties or deplorable and does not contain viruses, political propaganda, commercial solicitation and mass e-mail or any other form of spamming.
The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, management of Content and contact between Users) and is therefore the only guarantor and responsible for the goods and services offered as well as the correctness, completeness and legality of the Contents and of their behavior in the context of the contact between Users.
In case of publication of announcements, the User guarantees the availability and / or ownership of the good / service object of the same ads. The User also guarantees that their ads do not infringe any copyright or industrial property rights or other third party rights. In the event of a dispute by third parties regarding any announcement or conduct related to it, the User assumes full responsibility and undertakes to keep the Owner harmless and harmless from any damage, loss or expense.
The Data Controller, while not being able to ensure punctual control over the Content received, reserves the right to cancel, move, modify those that, at its discretion, appear illicit, abusive, defamatory, obscene or infringing copyright and of the brands in any case unacceptable. The use of violent language will be grounds for immediate suspension and expulsion from the Application.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of other Users in order to appropriate their identity, or otherwise declare the false origin of the Contents.
The User acknowledges and accepts that the Content sent to interact with the Application (by title exemplary and not exhaustive, to send comments, express opinions. participate in surveys and initiatives, send images or video and audio files) can be modified, removed or published by the Owner.
The User grants to the Owner an unlimited right of non-exclusive use on the Content sent by the User, without limitations of geographical areas. The Owner may therefore, directly or through third parties of his trust, use, modify. copy, transmit, extract, publish, distribute, perform publicly, disseminate. create derivative works, host. Index, memorize, annotate. encode, modify and adapt (including without limitation the right to adapt for transmission in any communication mode) in any form or with any instrument currently known or that will be invented in the future, each content (including images, including audio and video ), which should be sent by the User, also through third parties.
It is expressly forbidden, unless explicitly authorized by the Owner:
- The use of automatic ads loading systems, except those expressly authorized;
- The serial publication and / or the management of announcements for third account with each means or modality;
- Resell the services of the owner to third parties
The User undertakes to indemnify and to hold harmless the Holder (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise in the event of damage caused to other Users or third parties, in relation to the contents uploaded or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Holder will not be responsible for:
- any losses that are not a direct consequence of the violation of the contract by the Owner;
- any loss of business opportunity and any other loss. even indirect, possibly suffered by the User (such as, by way of example but not limited to, trade losses, loss of revenues, income, profits or expected savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Application by Users or third parties:
- issue of incorrect tax documents due to errors in the data provided by the User. being the latter is solely responsible for the correct insertion.
In any case may the Holder be held liable for a sum greater than twice the cost paid by the User.
The Holder can not be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseeable and unpredictable events. however, independent of the will, such as, by way of example but not limited to, breakdowns or interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission instruments, unavailability of websites, strikes. natural events, viruses and cyber attacks, interruptions in the delivery of products. services or third-party applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in its power in order to identify solutions that allow the proper fulfillment of their obligations despite the persistence of force majeure events.
Connection to third-party sites
The Application may contain links to third-party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third-party websites providing services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services. with respect to which the owner assumes no responsibility.
No waiver by each party to an article of these Conditions shall be effective unless expressly declared to be a waiver and be communicated in writing.
Invalidity of individual clauses
Should any provision of these Conditions prove illegal or invalid. it will not be considered as part of the Conditions and this will not affect the remaining provisions that will continue to be valid to the fullest extent permitted by law.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Holder is located.