General conditions of Sale

1. Object

1.1 These General Terms and Conditions of Sale (hereafter “General Conditions”) have as their object the regulation of the purchase of Products, carried out remotely, via a data transmission network, from the Website https://www.no33.eu.

1.2 The owner of the Website is “Soul Sport S.r.l.”, with registered office in via V. D’Annibale n. 5, (80129) Naples, registered in the Register of Companies of Naples Rea 838360, VAT Number / Fiscal Code n. 06773301210.

2. Acceptance of the general conditions of sale

2.1 All purchases of Products made through the Site by users who access them (hereinafter “Customers”) are governed by these General Conditions and by the Consumer Code (Legislative Decree 206/2005), section II Remote Contracts ( articles 50 – 67), the rules on Electronic Commerce (Legislative Decree 70/2003) and Legislative Decree 21/2014 implementing Directive 2011/83/EU on consumer rights. With regard to the protection of confidentiality, the legislation referred to in Legislative Decree 196/03 applies (the related information is available at the link on privacy policy).

2.2 By ticking the “I accept the Terms and Conditions” box that appears during the on-line purchase procedure, the Customer accepts all the General Conditions below, committing himself to store them on a durable medium or to print them. In the absence of express acceptance of the General Conditions, it will not be allowed to complete the on-line purchase procedure.

2.3 Soul Sport S.r.l. reserves the right to modify the General Conditions at any time without notice. The modifications of the General Conditions will be effective from the day of their publication on this Section of the Site. The Customer is therefore obliged to periodically consult this section of the Site to check for updates.

3. Registration

3.1 It is possible to register on the Website www.no33.eu, creating an account, approving the General Conditions, by clicking on the “Register” box on the home page of the Site.

3.2 Registration on the Site is free. To register, the user must complete the registration form, entering name, surname, an e-mail address and a password (hereinafter “registration credentials”). The company Soul Sport S.r.l., depending on the case, may require additional credentials regarding interests, habits and / or attitudes, which can be answered in an optional way. Registration is confirmed by e-mail sent to the address provided by the user.

3.3 The registration credentials must be used exclusively by the user and can not be transferred to third parties. The user must immediately notify No33 in case of suspected improper use of the same. The registration credentials can be modified by the user at any time by accessing the “My account” section on the site.

3.4 The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful. The user is solely responsible for accessing the Site through the Registration Credentials and is directly responsible for any damage or injury caused to No33 or to third parties by improper use, loss, misappropriation by others or non-protection adequate secrecy of their Registration Credentials. All transactions carried out through the Registration Credentials are considered as carried out by the Customer to whom the Registration Credentials refer.

3.5 By registering on the Site, you agree to receive invitations to participate in sales and commercial proposals of No33. At any time, by clicking on the appropriate link at the bottom of the invitation, the user can request not to receive further invitations to participate in sales. In any case, the user may participate in the sales through direct access through his credentials on the Site.

3.6 It is possible to make a single registration per user. Multiple recordings will be deleted by No33.

3.7 In the personal area “My account” on the Site the user can view and possibly modify the open orders, sent recently and/or concluded as well as can manage and save personal data and subscription to the newsletter.

4. Customer’s obligations

4.1 The Customer is obliged, before submitting his purchase order, to read carefully these General Conditions of Sale. The submission of the purchase order implies their full knowledge and acceptance.

4.2 The Customer is obliged, finally, once the online purchase procedure is concluded, to print and keep these General Conditions of Contract, already viewed and accepted during the conclusion phase of the contract.

5. Products

5.1 https://www.no33.eu is a web site for the sale of sporting goods, gadgets and accessories in general (hereafter, Products).

5.2 All the Products offered are illustrated in detail on the home page of the Site, within the respective sections, broken down by Product categories. The visual representation of the Products on the Website, where available, normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, by Soul Sport Srl, about the exact correspondence of the the image depicted on the Website with the actual Product and this, with particular regard to its real dimensions and / or the chromatic aspects of the Products and / or the packages.

5.3 In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

5.4 All prices of the Products are clearly indicated on the Site and are inclusive of VAT.

6. Definition of the order

6.1 The Customer can purchase the Products present in the No33 electronic catalog, detailed in the home page of the Website http://www.no33.eu within the respective sections by product category, as described in the relevant information sheets contained in the Website. , respecting the technical access procedures illustrated therein.

6.2 The publication of the Products displayed on the Website constitutes an invitation to the Customer to formulate a purchase contract proposal.

6.3 It is possible to place an order through the www.no33.eu website at the prices and conditions indicated therein. By sending an online order, the Customer transmits to Soul Sport S.r.l. a proposal to purchase the products included in the cart. When the Customer places an online order for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale. Soul Sport S.r.l. will communicate to the Customer the acceptance and confirmation of the order.
6.4 Each order can be viewed by the Customer on the Site, in his personal area, immediately after sending the order and can be canceled until it is sent to the warehouse for preparation.

6.5 Occasionally non-availability of the Products offered may occur, in which case, if the Products chosen by the Customer are not, in whole or in part available, Soul Sport Srl, within 15 days from receiving the order, will inform the Customer by e-mail communication. The order will be sent with the available products, after having proceeded to re-credit the sums already paid, with regard to the unavailable products.

6.6 The Customer, providing the coordinates, has the right to choose how to return the amount previously sent, between:

Bank transfer
PayPal
Credit Card
Cash

7. Purchase procedure

7.1 The Customer purchases the Product, the characteristics of which are illustrated on-line in the relative descriptive and technical sheets, at the price indicated therein to which are added the delivery costs and, if necessary, the mark specified on the website.
7.2 Before the purchase order is sent, the unit cost of each selected product is summarized, along with the total cost for the purchase of several products and the related delivery costs.

7.3 Once the purchase order has been submitted, the Customer will receive from Soul Sport S.r.l. an e-mail message sent to the e-mail address provided, confirming receipt of the purchase order and containing information on the main features of the purchased item, detailed indication of the price, delivery costs, taxes applicable and means of payment and containing a reference to the General Conditions (to link) of the contract and to information about the existence of the right of withdrawal, to the conditions and methods of its exercise displayed on the site. This confirmation message will indicate an “Order Number”, to be used in any subsequent communication with No33. The order is to be considered valid even if the “order confirmation” e-mail sent by No33 will not be displayed by the customer.

7.4 Each Purchase Contract stipulated between Soul Sport S.r.l. and the Customer must be considered concluded with acceptance of the order by Soul Sport S.r.l .. La Soul Sport S.r.l. reserves the right not to accept purchase orders and cancel orders that do not give sufficient guarantees of solvency or if, even after comparison with the circuit that manages payments with credit cards, anomalies in transactions and means of payment used from the Customer.

7.5 The confirmation of the order is given to the Customer when the Products are delivered to the courier appointed for the shipment with the relative issue of the invoice.

8. Invoicing

8.1 Pursuant to art. 18 of Legislative Decree no. 114/1998, indirect electronic commerce is assimilated, for the purposes of the VAT code, to mail-order business. For such cases the issue of the invoice is not mandatory, unless it is requested by the customer not later than the time of execution of the transaction, as provided by the art. 22, paragraph 1, of the D.P.R. 633/1972.

8.2 For this reason, the Website http://www.no33.eu is set up in such a way that it is possible for the customer to make the corresponding option and, consequently, indicate the data required for invoicing.

8.3 Where there has been a specific request from the customer, (or if deemed appropriate by the seller) to pay the fee must follow the sending of the invoice. This invoice can be issued in paper form or in electronic form. Soul Sport S.r.l. issue an invoice for the Products purchased, when the Products are delivered to the courier for shipping, sending it by e-mail to the Customer. The information provided by the Customer is valid for the invoice issue. No data variation will be possible after the invoice has been issued.

8.4 The “usual” billing rules apply to the case in question. If the delivery or shipment of the goods results from the transport document (DDT), a deferred invoice can be issued by the 15th day of the month following the delivery or shipping, in accordance with art. 21, paragraph 4, of the D.P.R. 633/1972.

9. Method of Payment

9.1 The Customer can make the due payment by choosing one of the following methods:

Payment by credit card
All data are transferred in encrypted form using SSL certificate and can not therefore be intercepted by external parties. Furthermore, data entry takes place directly on the Bank’s website, thus guaranteeing maximum security.

The amount of the order is not immediately charged to the card, but at a later stage, within the limits authorized by the Customer. When placing the order on the Website http://www.no33.eu, only a payment authorization is requested for the amount indicated (very often an SMS / E-mail is sent to the Customer by the bank that issued the card). The authorization does not imply the charge of the money but simply a reservation of the relative amount.

Upon order confirmation to the courier, forwarder or otherwise to another person appointed by Soul Sport S.r.l. for delivery, the amount due is actually requested.

This guarantees that the card will be debited only at the time of material and certain shipment of the Products and only for the amount related to the Products actually shipped.

Payment with PayPal account
This payment system allows you to make transactions without giving your credit card details. In fact, by registering at www.paypal.com you can open your account by simply entering your e-mail address and password, by hooking up one or more credit cards (normal or prepaid). It is also possible to top up the account by making a bank transfer. The payment made using the PayPal method therefore requires only to enter the details of your PayPal account, and not the credit card.

Cash on delivery
The user can pay directly to the courier who will deliver the ordered products.

Only cash is accepted for this method of payment. The courier will not accept bank checks or bank drafts and will not deliver the Products if he does not receive the requested amount.

Please note that, in compliance with the current anti-money laundering regulations, cash on delivery payment will only be possible for amounts below € 1,000.00.

Cash on delivery will be subject to a surcharge that will be communicated to the customer following each order placed; this surcharge is due solely and exclusively to the Courier chosen and used by Soul Sport S.r.l.

Please note that cash on delivery will only be possible for orders to Italy; for all other orders, this method of payment will not be allowed.

Payment by bank transfer
Payment by bank transfer can be made using the following extremes:

ask for a bank transfer

The customer is required to send a copy of the payment via e-mail within 48 hours of receipt of the order confirmation.

If, within this period, No33.eu does not receive a copy of the payment, it will cancel the order. We will ship the order when the wire transfer has reached the bank account. the Soc. Soul Sport S.r.l.

10. Delivery methods and costs

10.1 Soul Sport S.r.l. delivery to all countries indicated on the Website and delivery will take place without an appointment.

10.2 The Products ordered will be sent to the postal address specified by the Customer when ordering online. At the time of delivery of the Products by Soul Sport S.r.l. to the courier in charge, an e-mail confirming shipment will be sent to the Customer.

10.3 Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays. Soul Sport S.r.l. guarantees the delivery of the goods within 15 (fifteen) working days from the date of receipt of payment, only for orders with destination Italy. (For payment by cash on the 15 days will be counted from the date of receipt of the order by e-mail). Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form.

10.4 If Soul Sport S.r.l. can not guarantee delivery within the aforementioned terms, a 10% discount will be applied to the total cost of the reference items.

10.5 In case of non-delivery due to the absence of the recipient at the specified address, the courier will send an email alert and will attempt delivery the next day. In case of impossibility to execute the delivery also the following day due to the absence of the recipient, the Customer Service will try to contact the Customer to schedule a new delivery. In the event that Customer Service fails to contact the Customer for the next 5 days or in the event of further impossibility of delivery due to the absence of the recipient, the Products covered by the order will be returned to the sender (Soul Sport S.r.l.).

10.6 30 (thirty) days from the date on which the Products covered by the order have been returned to Soul Sport S.r.l. for impossibility in the execution of the delivery, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 c.c.

10.7 Soul Sport S.r.l. will proceed to reimbursement of the sum paid by the Customer net of the costs of returning the Products and the costs of custody of the same at the branch of the courier appointed for delivery.

10.8 In the event that, prior to the expiration of the thirty days, the Customer requests to receive the purchased Products again, Soul Sport S.r.l. will proceed to the new delivery upon charge, in addition to the costs of the same, the costs of returning the Products to Soul Sport S.r.l. and custody fees.

10.9 At the time of delivery of the Products by the courier appointed by Soul Sport S.r.l., the Customer is required to scrupulously check:

a) That the anti-burglary label is intact and the packaging is not damaged or otherwise altered.

b) That the number of pieces delivered corresponds to what is indicated in the transport document.

10.10 Any damage to the anti-burglary label, to the packaging and / or to the product or the mismatch in the number of packages or particulars, must be immediately contested, affixing the word “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. Once the courier’s document has been signed, the Customer can not make any objection regarding the external characteristics of the goods delivered. Therefore, even when there are no problems on the outside of the package, it is advisable to always sign the courier’s slip with the words “Subject to control”. In fact, if this wording is missing and damage to the product is found, the courier will no longer be held responsible.

10.11 Delivery costs are adequately highlighted when ordering. The cost of each shipment may vary depending on the method of delivery and payment, as well as the destination and total amount of the order as well as the nature of the Products.

11. Guarantee of conformity and defective products

11.1 The products offered on the Website www.no33.eu comply with the national and community legislation in force in Italy. Soul Sport S.r.l. guarantees that the delivered products comply with the characteristics illustrated on-line in the relative descriptive and technical sheets.
11.2 Soul Sport S.r.l. is liable to the Customer for the lack of conformity existing at the time of delivery of the goods. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported by the customer within 7 days of delivery, through the Customer Service or by e-mail to the e-mail address info@no33.eu, specifying the order for which these errors occurred.

11.3 In case of lack of conformity of the purchased Products with respect to the description published on the Site and in case of a defective or faulty Product, the Customer is entitled to reimbursement or replacement of the non-conforming good. Followed by communication from Soul Sport S.r.l. with an indication of the reimbursement methods that could also take place through discount coupons on the next purchase above the value of the goods to be reimbursed.

12. Right of withdrawal

12.1 Purchases made on the Website http://www.no33.eu are governed by these General Conditions and by Italian law on mail / distance sales.

12.2 Pursuant to art. 64 and ss. of the Legislative Decree 206/2005 (Consumer Code), the Consumer Customer (ie a physical person who purchases the goods for purposes not related to his professional activity, or without indicating a reference to VAT) has the right to withdraw from the contract of purchase for any reason, without any penalty and without specifying the reason, under the conditions set out below.

13. How to exercise the right of withdrawal

13.1 To exercise this right, the Customer must send a notice to that effect, by registered letter with return receipt, to the address Soul Sport S.r.l. via V. D’Annibale n. 5, 80129 Naples, within 14 (fourteen) working days from the moment it receives the Product, against the previous 10, as provided for by Legislative Decree 21/2014 implementing the European Directive 2011/83 / EU, on the rights of consumers.

13.2 In the 14 days following receipt of the notice, Soul Sport S.r.l., will refund the full amount due, withhold shipping costs, if incurred by it.

13.3 Products must be returned in the same condition in which they were shipped, including packaging, labels and material originally related to it. However, according to Directive 2011/83 / EU, the Consumer can return the goods even if deteriorated, being responsible only in case of diminution of the value of the goods deriving from the handling of the good different from that necessary for its use.

14. Return and exchange of goods

14.1 The Customer has the right to change the Product purchased with another product, of the same article but of different sizes and / or color, or with another article of the same amount. The products must be returned in the same condition in which they were shipped, including packaging, labels and material originally related to it.

14.2 The request for Change or Return goods, must be sent by e-mail to info@no33.eu.com, clearly indicating: the reason for the return, the address of collection of the package, days or time slots to indicate to the GLS courier for the collection of the parcel.

14.3 Soul Sport S.r.l. will immediately send by e-mail the return authorization, indicating: return authorization number, purchase id or invoice number (in case the customer has requested it at the time of purchase) and the amount due for the expenses of collection and subsequent shipment, which will be at the expense of the buyer. Only after receiving the return authorization by e-mail, the buyer must pay the shipping costs indicated by No33 in the aforementioned document.
14.4 Upon receipt of the package at the address indicated in the return authorization, Soul Sport S.r.l. will deliver within 2 working days to the packaging of the new package and the subsequent shipment that will take place in the times indicated in the listing.

15. Express termination clause

15.1 In the event of non-payment of all or part of the purchase price of the property, Soul Sport S.r.l. reserves the right to declare, pursuant to and by effect of art. 1456 of the Civil Code, terminated this contract by sending a written communication to the customer’s electronic address.

16. Communications and Complaints

16.1 All communications or any claims of the Customer against Soul Sport S.r.l. with regard to Purchase Contracts, they must be made by telephone at +39 081 558 03 57 or by e-mail at info@no33.eu

17. Processing of personal data

17.1 The processing of Personal Data of Customers will be carried out in Italy and conducted in accordance with applicable European legislation and the Code regarding the Protection of Personal Data (Legislative Decree 30 June 2003, No. 196), which governs the processing of data personal data carried out by anyone who is a resident or is based in Italy.

17.2 In accordance with the Personal Data Protection Code, Soul Sport Srl, with registered office in Via Vincenzo D’Annibale, 5 (80129) Naples (NA) Italy, is the owner of the processing of personal data in relation to e-commerce services and sale of products.

17.3 Soul Sport S.r.l., pursuant to art. 13 of Legislative Decree no. 196/2003, informs that personal data and tax records of customers, also acquired verbally in reference to established business relations, provided directly by the interested parties, or otherwise acquired within the company’s activities, will form the subject of treatment in compliance with the current legislation on the protection of personal data, as specified in the information in the appropriate section, called “Privacy Policy”.

18. Applicable law and jurisdiction

18.1 For anything not provided for by these General Conditions of Sale, Italian law applies and, in particular, in the event that the Customer is a Consumer, the Legislative Decree no. 205/2006.

18.2 In the event that the Customer is a Consumer, for the resolution of any disputes – without exception – concerning the interpretation and / or execution of this contract, the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the consumer same, if located in Italy (Article 63 of Legislative Decree No.05 / 2006).

18.3 In the event that the Customer is a Professional Person or a Consumer resident or domiciled in countries other than Italy, for all disputes – without exception – concerning the interpretation and / or execution of this contract, the exclusivity will apply Italian jurisdiction and the exclusive jurisdiction of the Court of Naples, regardless of the place of conclusion of the contract, from the customer’s home and from the place of payment.