Terms and Conditions

Welcome on shop.modenavolley.it Website (the “Website”), Modena Volley Official Online Store. Products sold on store.modenavolley.it are sold and invoiced by Ninesquared srl, with Headquarters in Via Somier 7, 38062 Arco (TN) [Italy], Vat No. 02463060224. Request for information shall be communicated by email [email protected], or through phone number +39 059 4821999, from Monday to Friday, from 9.30 am to 1.00 pm and from 3.00 pm to 6.30 pm.

REGISTRATION

Registration is free, it does not involve any purchase obligation and allows a quick check-out, with use of identification data and with no need to fill-in any other form. Easy access to chronology and to your order status. At any wares purchase through the Website, following conditions apply:

ART. 1 – DEFINITIONS

With the word “Website”, www.modenavolley.it Internet Website is indicated, which is reserved to the sale of Modena Volley official products. With the word “Customer”, we indicate the subject, as natural or legal person, who is carrying out the purchase on Modena Volley Website, by accepting general sales conditions. Modena Volley is Ninesquared srl, with Headquarters Via Somier 7, 38062 Arco (TN) [Italy], VAT No. 02463060224. With the term “Order” a request form for products on sale is indicated, filled-in by the Customer through the Website. The “Products” are the goods on sale on the Website, based on general sales conditions. “Customised products” are customised goods upon express request and specific indications of the Customer. The “Price” is the compensation for products sale. The “Contract” is a distance contract having as object products sale, based on general sales conditions. The “Parts” are Ninesquared srl and the Customer.

ART. 2 – PRODUCTS SALE

Products sale is carried out based on terms and conditions foreseen by the contract currently stored on the Website at the moment in which the order is placed. The contract has to be considered as concluded and binding for the parts when Modena Volley sends their acknowledgement of order to Customer’s email address. Products customisation is connected to a specific request by the Customer, based on precise indications on the Website. In order to purchase customised products, down payment is required and the right of withdrawal from purchase contract is excluded, unless due to reasons which are independent from Customer’s will, to product’s state of conservation or to a mistake in order fulfillment. Prices and products on sale are subject to variations with I prezzi e i prodotti in vendita possono subire alcune variazioni, without notice.

ART. 3 – PAYMENT

Products payment can be carried out by Credit Card.
We accept all major credit and debit cards – Visa, MasterCard and American Express, via our secure payment provider, Stripe.

Payment details are encrypted and secure. No card details are stored on our server.

ART. 4 – DELIVERY TIME AND CONDITIONS

Delivery of purchased products to delivery address indicated by the Customer in their order is carried out by express courier. Products delivery time is 1 to 2 working days for Italy, 4 to 5 working days for Europe, 10 or more working days for Countries outside Europe, after 24 hours from order receipt date by Modena Volley. Delivery times are merely indicative and are not strictly binding. In case of goods unavailability after the order for one or more products, Modena Volley can procede to the shipment of the other goods ordered by the Customer. Partial delivery of the products is retained as valid and gives no right to the Customer to reject the delivery, to any compensation or indemnification. At delivery, property and risk related to products shipment are transferred to the Customer.

ART. 5 – CUSTOMER’S OBLIGATIONS – REGISTRATION

It is not necessary to register on the Website in order to purchase products. The Customer is engaged to communicate correct, true and complete data about personal indications, addresses and other useful information for order fulfillment. The Customer shall pay the price for purchased products and retain a copy of the acknowledgement of order sent by Modena Volley to the email address indicated by the Customer.

ART. 6 – PRICE AND PAYMENT

Prices on Modena Volley Website are expressed in Euro € and include VAT referred to the various goods categories. Total price at the end of Customer’s order includes shipping and packing costs, whereas it does not include any custom duty where foreseen and additional taxes on sale, necessary for importing goods from foreign Countries. Additional expenses for custom clearance operations are exclusively at consignee’s charge. Price payment shall be carried out at the time of the order, through down payment by Credit Card. All orders are subject to verification, Modena Volley reserves themselves the right to ask for identification documents for suitably signalled cases, therefore Modena Volley Customer service may contact the Customer for more details about payment before order is acknowledged. If Customer is not sending required documentation within 72 hours, order will be canceled and standard reimbursement procedure is carried out. The Customer, as soon as the acknowledgement of order is received, shall send an email to Customer service ([email protected]) indicating:

• Order number
• Business name
• Invoicing address
• Fiscal Code and/or VAT Number

The document will be then sent to the Customer in digital format by email. No requests for invoicing will be accepted if they are sent after the date of the acknowledgement of order.

ART. 7 – FORCE MAJEURE

Parts are not responsible for delay in the fulfillment of their obligations, following what is stated in the contract, if the delay is caused by circumstances which are outside of their reasonable control. The part who is in delay due to force majeure causes will have the right to a prorogation of terms, necessary to fulfill to their obligations.

ART. 8 – COPYRIGHT

Brands, logos and other distinctive signs stored on the Website belong to their respective owners. The use of brands, logos and other distinctive signs is forbidden, including the reproduction on other websites by not authorised third parties. Contents in store.modenavolley.it Website are protected by copyright (texts, pictures, graphics): their publication in any form without written authorization by Modena Volley Punto Zero S.S.D.R.L. is forbidden.

ART. 9 – RIGHT OF WITHDRAWAL

The right of withdrawal consists in Customer’s discretion of terminating the contract, by returning the purchased products with following price reimbursement or replacement, following what is foreseen by Italian Art. 52 of Legislative Decree No. 206 dt. September 6th, 2005. The right of withdrawal is a discretion reserved to natural persons acting for aims not directly referrable to their professional activity. Therefore, dealers and companies are excluded by this right. In order to exercise the right of withdrawal, it is necessary to send a written communication to Modena Volley within 14 days from products receipt. This communication shall be sent by email to following address: [email protected]. It is necessary to return the products in a whole state of conservation and with original labels unremoved, complete with all product integrating elements and with no damage at all, in order to exercise the right of withdrawal. Product packing shall be accurate in order to safeguard original packings from damages and writings or labels. If returned product does not satisfy above mentioned conditions, the product will be shipped to the Customer once again and the reimbursement will not be carried out. The products shall be returned by the Customer within 14 days from their receipt to the address of Modena Volley Punto Zero Società Sportiva Dilettantistica a responsabilità limitata (S.S.D.R.L.), to their Operations (sports facilities) in 41122 Modena [Italy], Viale dello Sport n. 25. Shipment cost for products returning is at Customer’s charge. The Customer can:

• require a product replacement
• require a reimbursement for product price
• require a voucher for same value of paid amount, to be used later on.

Reimbursement of purchased amount or products replacement will take place in about 30 days from returned goods receipt, after verification of state of conservation. The reimbursement does not cover neither shipping costs for goods delivery, nor those for goods returning. It is not possible to carry out any reimbursement or replacements of customised products on specific Customer’s request, like customised products with names and/or numbers, with patches, with the exception of defect or damaged products. No reimbursement can be carried out for game shirts following a change in players’ shirt number or his transfer to other Team. We inform that generally, during Christmas or summer time and for purchase orders from Countries outside EU, some modifications to current returning policies will be carried out in order to grant Customers a better service.

ART. 10 – CUSTOMER’S RIGHTS IN CASE OF PRODUCTS DISSIMILARITY

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In case a Consumer Customer recognises a defect in product compliance, he/she has the discretion to ask for a free of charge repair or replacement, where possible and not excessively expensive. In case it is not possible, that is costs are excessively expensive, he/she can ask for a congruous price reduction or contract termination. Contract termination is anyway excluded in case of minor compliance defects. Following his/her claim, Modena Volley will retire the product from the Customer in congruous time and, after verification of the dissimilarity, will replace the product; that is, if presuppositions are right, by partial or total price reimbursement. It is anyway discretion of Modena Volley to propose for alternative available solutions, like i.e. product replacement by another one of different nature and equivalent value, chosen among those exposed on the Website, or a voucher release for a value corresponding to paid amount, to be used later on by contacting Customer Service. In case of Customer’s acceptance, Modena Volley will carry our the specifically proposed remedy performance.

ART. 11 – PRIVACY

Customer’s data, communicated for contract execution, are processed in compliance with dispositions of 2003 Italian Legislative Decree No. 196 about personal data protection. It is possible to consult Privacy section for further information.

ART. 12 – AGREEMENT

The contract replaces all previous contracts, agreements and understandings between Parts and represents the whole agreement between the Parts concerning contract object, together with the order and general conditions about Website use. Any contract variation or modification shall be accepted in writing by both parties.

ART. 13 – COMMUNICATIONS

All communications between the Parts shall be carried out in writing and sent to the counterpart indicated address: for Modena Volley, in these contract conditions, and for the Customer, in the order sent by him/her. Communications transmitted through the counterpart’s email address, as above identified, are also considered as validly sent in writing.

ART. 14 – LANGUAGE

Sale contract is draftes in two versions: Italian and English. In case of difformity in translation, the version in Italian language prevails.

ART. 15 – APPLICABLE LAW AND DISPUTES

The contract is disciplined and interpreted in compliance with Italian laws. The Parts agree that it is expressly excluded the application to present contract of United Nations Convention about Contracts for the International Sale of Goods. For any dispute deriving from the Contract or related to it, place of jurisdiction is: a) the one in Customer’s place of residence or domicile, if the Customer is a Consumer following norms in force; b) exclusively Modena Courts, Italy, in any other case.