ON-LINE PURCHASE CONTRACT

Identification of the Supplier
Products, whose sale is subject of these general terms, are put up for sale by AXO SPORT S.P.A. established in Istrana, Via Fabio Filzi n. 66, registered at the Chamber of Commerce in Treviso n. C.C.I.A.A. TV Export TV017772 – R.E.A. 129204 in the Registrar of Companies, fiscal code n. 00591810262 VAT N. 00591810262 indicated below as “ Supplier”

1) DEFINITIONS
1.1 The term “on-line purchase and sale contract” is applied to a contract stipulated at a distance for legal transactions conducted for the sale of the products of the Supplier, stipulated between this one and the Customer using a remote sales system organized by the Supplier.
1.2 The term “Customer” stands for the consumer as individual persons who make the purchase under this contract. Purchases are reserved to direct final users and not addressed to commercial operators such as wholesalers, retailers or professionals who intend to re-sell such products to third parties.
1.3 The term “product” stands for each of the items sold at the Site www.axosport.com. 

2) THE SUBJECT OF THE CONTRACT 
2.1 With this contract the Supplier sell and the Customer purchases at a distance the products offered in the Site www.axosport.com.

3) HOW TO DRAWING UP THE CONTRACT
This contract will be virtual using the Internet system and for this reason it will be drawn up directly through the Customer access at the Internet Site www.axosport.com where following the procedures indicated, after the purchase,  in the contract will be concluded.

4) CONCLUSION AND VALIDITY OF THE CONTRACT
4.1 The contract will be considered concluded through the correct filling out and the consent to purchase expressed sending on-line the agreement or filling out the electronic catalogue attached form at www.axosport.com with following entering the same.
4.2 The correct reception of the order is confirmed through an answer sent via e-mail from the Supplier to the e-mail address indicated by the Customer. This e-mail will be a summary of the order, printable, in which are given the details of  the Customer and the order, the  price of products purchased, shipping costs and any other tax, the delivery address and the delivery time.

5) ARRANGEMENTS FOR PAYMENT AND REFUND
5.1 Any payment by the Customer can only be done by one of the methods indicated in the special Supplier’s webpage.
5.2 Any refund will be credited to the Customer by one of the methods proposed by the Supplier and chosen by the Customer and, in the case of exercising the right of withdrawal, no later than 30 (Thirty) days from the date the Supplier became aware of the withdrawal.
5.3 All communications about payments are made on a “special line” protected by an encryption system. The Supplier guarantees these data will be memorised with an additional level of encryption security in accordance with the provisions of the existing rules concerning the protection of personal data.

6)DELIVERY
6.1 The Supplier will deliver the selected and ordered products, with the methods indicated on the web-site at the moment the products were offered, as confirmed in the e-mail referred to in paragraph 4.2.
6.2 The time of shipment may vary from the day of the order to a maximum of 10 (Ten) working days after confirmation of the same shipment.
If the Supplier is unable to carry out the shipment within this period but, in time indicated by the following paragraph, it will be given a notice through an e-mail sent to the Customer.
6.3 In any case the time of delivery will not be in excess of 30 (Thirty) days beginning on the contract completion, except a different period clearly indicated by the Supplier and accepted by the Customer.
6.4 Methods, time and shipping costs of the products are indicated in the Supplier’s web-site.

7) PRICES
7.1 All prices – exposed and indicated in the web-site www.axosport.com  - are expressed in Euros and are offered to the Customers as Art. 1336 Civil Code.
7.2 The above mentioned purchase prices must be considered VAT and any other tax included. Shipping costs and any charges (ex. Clearance), if present are not included in the purchase price, but are indicated and calculated separately.
7.3 Prices indicated corresponding to each of the product offered are valid until the date specified in the catalogue.

8) AVAILABILITY OF PRODUCTS
8.1 The Supplier guarantees through the use of the system a development and an order processing without delay. To this purpose he shows in real time, in his electronic catalogue, if products are or not available.
For the products available he shows the terms of shipment, for the products not available he shows if and when they are available again, and the time of shipment.
8.2 If an order exceeds the amount stored in the warehouse, the Supplier informs the Customer by e-mail whether the product is not available anymore or what are the waiting times to obtain the product chosen, asking whether he will confirm or not the order.
8.3 The Supplier’s system confirms as soon as possible the successful record of the order sending a confirmation by e-mail as paragraph 4.2.

9) LIMITATION OF LIABILITY
9.1 The Supplier declines any and all liabilities for disservices not ascribable to the same, even due by the malfunction, failure or irregular transmission of information caused from the Internet access providers.
9.2 The Supplier declines any liability for direct or indirect damages derived from the non-performance of the contract and in general for all the problems not ascribable to the same. In any case any liability will be limited and will never exceed the sums received by the same and paid by the Customer.
9.3 The Supplier declines any liability for any fraudulent or illicit use by third parties of the credit card, or other means of payment, as all the information will be transmitted through a protected connection directly at the site of the bank assigned to the management of the transaction.
9.4 In no case will the Customer be considered responsible for errors or delays in the payment if he demonstrates he made the payment on time and terms specified by the Supplier.

10) DEFECT LIABILITY, EVIDENCE OF DAMAGE AND REIMBURSABLE DAMAGES.
10.1 Under Art. 114 and ss Code Consumer, the Supplier is liable for damages caused by any failure of the purchased product if he fails to notify the injured, within a period of 3 (Three) months by request, the identity and address of the manufacturer or the person who supplied him with the product itself.
10.2 The above-said request, by injured, must be made in written form and must indicate the product that caused the damage, the location and, with reasonable accuracy, the date of purchase.
10.3 The Supplier cannot be considered responsible for the consequences derived from a defective product if the failure is due to the conformity of the product, to a legal rule or a binding measure, or any defect not evident at the moment of the purchase.
10.4 No compensation will be payable if the injured was aware of the defect of the product and its possible danger and, despite this he has voluntarily exposed.
10.5 In any case the injured must prove the defect, the damage and the causal connection between the defect and the damage.
10.6 The injured may request damages caused by death or personal injury or by deterioration or destruction of things different from the defective product, on condition that used for private standard type reasons.
10.7 The damage to properties will be, however, compensated only if it exceeds the sum of euros  387,00 Three-hundred and Eighty-Seven.

11) WARRANTY AND ASSISTANCE CONDITIONS
11.1 The Supplier is liable for any defect in conformity that it occurs within 2 (Two) years from the delivery of the product.
11.2 The Customer loses all rights if  he does not declare  to the Supplier all non-conformities  within 2 (Two) months from the non-conformity discovery. The notification is not necessary if the Supplier recognized the existence of the defect.
11.3 In any case, unless shown to be otherwise, it is assumed that the defects in conformity that occur within 6 (Six) months after the delivery of the product, already existed on that date unless that hypothesis is incompatible with the nature of the product or with the nature of the defect in conformity.
11.4 In case of defect in conformity, the Customer may require, without charges to the conditions below the repair or the replacement of the purchased product, a reduction of the purchase price or the termination of this contract, unless the claim is objectively impossible to satisfy or for the Supplier is too expensive as Art. 130, subparagraph 4, Code Consumer.
11.5 The require must be a written require sent by means of Registered Letter with notice of receipt to the Supplier that will indicate his willingness or not (explaining reasons) to initiate proceedings within 7 (Seven) working days from receiving. In the same communication, where the Supplier accepts the Customer’s require, he will indicate shipping or refund methods, and the deadline for the refund or replacement of the defected product.
11.6 If the repair and replacement are impossible or too burdensome, or the Supplier has not made the repair or the replacement previously made have caused significant inconveniences to the Customer, this one may require, of his choice, an appropriate reduction in price or the cancellation of the contract.
The Customer in this case will give his require to the Supplier who will indicate his willingness or not (explaining reasons) to initiate proceedings within 7 (Seven) working days from receiving.
11.7 In the same communication, where the Supplier accepts the Customer’s require, he will indicate the reduction of  price or the methods to refund of the defected product. In such cases will be the Customer to indicate the methods for credit the amount previously paid to the Supplier.

12) OBLIGATIONS OF THE CUSTOMER
12.1 The Customer agrees to pay the price of the product purchased in the time and ways specified by the Supplier.
12.2 The Customer agrees, once concluded the on-line purchase, to print and store this contract.
12.3 The information contained in this contract have already been accepted from the Customer before the confirmation of the purchase.

13) RIGHT TO WITHDRAWAL
13.1 The Customer has in any case the right to withdraw from the contract without providing explanation and without any penalty, within 10 (Ten) working days from the date of receiving the product.
13.2 To exercise the right to withdraw the Customer must send to the Supplier a notice indicating his intention and sending this notice by means of Registered Letter with notice of receipt.
13.3 The return of the product have to be within 30 (Thirty) days from the date of receiving the product. The product must be returned in integral conditions and accurately repacked in its original packaging complete with every accessory.
13.5 As prescribed by Law the shipping costs for the return of products will be charged to the Customer and the Supplier won’t be responsible for damages or loss of goods returned by uninsured shipments.
13.6 The Supplier will reimburse the amount within 30 (Thirty) days from receiving the communication to withdraw.
13.7 With the receiving of the communication to exercise the right to withdraw, parties of this contract are dissolved by reciprocal obligations except as provided above in this Article.

14) CASES OF CANCELLATION
Customer’s obligations under paragraph 12.1 and the guarantee of a successful payment under paragraph 5.1 and also the exact fulfilment of the Supplier’s obligations under paragraph 6, are essential so the failure of one of these obligations, if not determined by a fortuitous event or circumstances beyond one’s control, will involve the cancellation of the contract ex Art. 1456 C.C. without need of a judicial judgment.

15) PRIVACY AND PERSONAL DATA
15.1 Personal data are gathered, in accordance with the Law to register the order and to activate this contract.
15.2 The above mentioned data are treated, in accordance with the Law, on paper and electronic form. The Supplier will treat with privacy all data and information transmitted by the Customer and will not disclose them to unauthorized persons, nor to use them for other purposes not in this contract.
15.3 Personal data will be noticed only to subjects delegated for the execution of activities useful to perform the contract.
15.4 The Customer will avail all rights of the 196/2003 Law Art. 7 Section 1 (…): to obtain the confirmation of the existence or inexistence of his personal data even if not yet recorded, together with the communication of such data in intelligible form;
Section 2 (…):to also obtain indication of a) the origin of such personal data; b) the purposes and methods to be used for such processing; c) the logic applied in the case of electronic data processing; d) the identification data of the processing handler and managers of such processing, the parties or categories of party to which such data may be communicated or who might come to acquire knowledge of the same in their role as designated national territory representative and the latter's managers or operatives. Section 3 (…):to obtain a) the updating, correction or - if  desire - the integration of such data; b) the cancellation, the transformation into anonymous form or freezing of such data processed as prescribed by law, including such data for which conservation is not required in regard to the purposes for which they have been originally collected or subsequently processed; c) certification that the operations mentioned in Letters a) and b) have been communicated or distributed - also in regard to their content - except in the case in which such obligation proves to be impossible or requires the use of means manifestly incommensurate with the right subject to protection;
Section 4 (…): to totally or partially oppose a) on legitimate grounds, the processing of the personal data even if pertinent to the purpose of collection; b) the processing of the personal data for the purposes of the transmission of advertising material, direct sales, or the performance of market research or commercial communication.
15.5 Responsible for the collecting data is the Supplier to whom the Customer may send every require.
15.6 The Customer declares to have been informed about Art. 7, 196/2003 Law and consents the treatment.

16) DISMISSAL OF THE CONTRACT
The Supplier declares that as the Law 70/03 each order sent will be achieved in digital/paper form on the server/head office of the same.

17) INFORMATION AND CLAIMS
For any information or claims the Customer must contact the Supplier at info@axosport.com or send a written request to AXO SPORT Via Fabio Filzi 66 31036 Istrana Tv or send a fax at +39 0422 832303.
The Customer gives, at registration, all the data useful for any communication.

18) DISPUTES
18.1 For any dispute or controversy regarding its validity, interpretation or execution, this contract stipulated at www.axostore.com is subject to Italian Law.
18.3 For any controversy the competent Court of Law to contact is in Treviso.

19) ENFORCEABILE LAW AND COMMITTAL
19.1 This contract is subject to the Italian Law.

20) FINAL TERMS
This contract repeals and replaces any agreement or negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.