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Art. 1 DEFINITIONS
1.1. The term “Site” refers to the Internet site http://store.acmilan.com, dedicated to the sale of official merchandising items for AC MILAN S.p.A.
1.2. The term “Customer” refers to the subject (either physical or juridical person) making a purchase from the site, in respect of the following general sale conditions.
1.3. The term “EPI” refers to EPI srl, a company registered at the Milan C.C.I.A.A. (Chamber of Commerce, Industry, Crafts and Agriculture), no. 359848 of the Register of Companies, Fiscal Identification Code - VAT Registration Number no. 11670080156, which has its office at Via Magistretti, 10 - 20128 Milano.
EPI srl is an official licensee of AC MILAN.
1.4. The term “Order” refers to the request form of the goods on sale, filled out by the Customer on the Site.
1.5. The term “Products” refers to the goods on sale on the Site according to the following general sale conditions.
1.6. The term “Customised Products” refers to the goods that are customised at the Customer’s request.
1.7. The term “Price” refers to the corresponding amount to be paid for the goods on sale, inclusive of shipping charges.
1.8. The term “Contract” refers to the remote sale contract whose object is the sale of the product, regulated by these general sale conditions.
1.9. The term “Parties” refers to EPI and to the Customer.
Art. 2 SALE OF PRODUCTS
2.1. Products are sold according to the terms and conditions provided by the Contract published on the Site at the moment of the Order.
2.2 The Contract is concluded and binding for both Parties when the order confirmation is forwarded, by EPI, to the email address indicated by the Customer during registration to the Site.
2.3. On the Site there are Products on sale that can be customised upon request; their creation is subject to the Customer’s previous request, which has to be carried out following the instructions supplied by the Site. The withdrawal right from the purchase Contract for the above-mentioned Customised Products will not be allowed under any circumstance.
2.4. Articles on the Site and their prices are subject to change without notice.
Art. 3 DELIVERY TIME AND TERMS
3.1 EPI will arrange for courier delivery of the Products ordered to the address specified in the Order by the Customer.
3.2 The Product delivery will take place within 2/3 working days for Italy and within 5 working days for foreign countries, starting from the Order receipt date from EPI. The delivery dates indicated on the Site are merely approximate and not binding for EPI.
3.3 In the event one or more articles should be out of stock after the Order, EPI will proceed to deliver the remaining articles ordered by the Customer. The partial delivery of the ordered Products will still be valid and the Customer will not be entitled to refuse the delivery nor to ask for any compensation or indemnity whatsoever.
3.4 At the time of delivery, the ownership and the risks relative to Product transportation are transferred to the Customer.
Art. 4 CUSTOMER OBLIGATIONS
4.1. The Product purchase from the Site implies that the Customer provide the necessary data for Product delivery. During registration, an operation necessary only for the first purchase, the Customer is responsible for providing complete, correct and true data relative to personal information, personal address and, in general terms, all other information useful to execute the order.
4.2. The Customer is responsible for paying the price of the purchased Products and for keeping a copy of the purchase order confirmation, sent by http://store.acmilan.com to the email address provided by the Customer during his or her registration to the Site.
Art. 5 PRICE AND PAYMENT
5.1. Prices are expressed in Euros (€) and include the in-force VAT (Value Added Tax) that varies according to the different article typologies.
5.2. The resulting total price at the end of the purchase procedure is inclusive of transport charges, but does not include custom duties and possible additional charges on the sale price, necessary in order to import goods in a foreign country. Any supplementary charges relative to clearance procedures shall be paid exclusively by the recipient.
5.3. Payment will have to be in full:
• for “cash on delivery” payments, at the Product delivery; in this case the payment is by cash only and is allowed only for Orders delivered within Italian territory;
• for credit card payments, once the Orders have been placed (Italy and foreign countries).
Art. 6 FORCE MAJEURE
6.1. The parties will not be responsible for the delay in the fulfilment of their obligation, in conformity with the Contract, if the delay is caused by circumstances beyond their reasonable control. The Party that is late due to force majeure will be entitled to have a term extension necessary to fulfil such obligations.
Art. 7 COPYRIGHT & TRADE MARKS
7.1. Trademarks, logos and other distinguishing marks of any kind used in the Site pages, belong to their respective owners.
7.2. It is prohibited to unauthorised third parties to use the trademarks, logos and other distinguishing marks, including their reproduction on other Internet sites.
7.3. Contents, such as information, text, graphics and images within the Site are protected by copyright.
Art. 8 WITHDRAWAL RIGHT
8.1. The withdrawal right, in compliance with the Legislative Decree dated May 22nd 1999 no.185 art. 5 and the Legislative Decree dated January 15th 1992 no. 50, lies in the Customer’s right to back out of the Contract by returning the purchased Products, with a consequent price refund.
8.2. The withdrawal right is applied to the physical person who acts for purposes not referable to his eventual carried out professional activity; for this reason the purchases carried out by retailers and companies are excluded from this right.
8.3. The withdrawal right can be exercised by sending - within the following 20 working days - a written communication to the following address: EPI srl – Via Magistretti, 10 – 20128 Milano. The communication can be sent within the same time frame also by email to customercare@store.acmilan.com or by fax: + 39 02 27209493
8.4. The essential condition to exercise the withdrawal right is to return the purchased items in a good preservation state. The returned items must be accurately packed in order to protect the original covers from any damage, writing or labelling.
8.5. The goods must be returned to: EPI srl - via Magistretti, 10 – 20128 Milano. Refunds or replacement of articles generally take 30 days from the moment the returned goods have been received and inspected.
8.6. The refund does not include transport charges, both for delivery as well as for the replacement of goods.
8.7. No refunds are possible for discounted, customized products or in Outlet section ones.
Anyway, the customers can requires:
- the product’s replacement
- a voucher equivalent to the payed amount, to be used next
For any further information, please see the “GENERAL INFORMATION” (“HELP”) section.
Art. 9 PRIVACY
9.1. The data, provided by the Customer and necessary for the regular execution of the Contract will be processed in compliance with the provision of the 2003 Legislative Decree no. 196 regarding “Personal Data Protection”.
Art. 10 FULL AGREEMENT
10.1. The Contract replaces all the contracts, the agreements and the understandings that previously existed between the Parties. It constitutes, together with the Order, the general conditions relative to the use of the Site and the conditions relative to the registration service, as well as the full agreement between the Parties as regards the object of the Contract.
10.2. Any change or alteration of the Contract will have to be accepted in writing by both Parties.
Art. 11 COMMUNICATIONS
11.1. All communications between the Parties will have to be made in writing and forwarded to the address of the other party indicated in the Contract and in the Order. All the communications forwarded to the address of the other party - indicated on the site and in the order - by means of electronic mail, will be considered in writing.
11.2. All communications affecting the validity or the existence of this Agreement will have to be exclusively delivered by hand or sent by recorded delivery letter with proof of delivery .
Art. 12 LANGUAGE
12.1. The sale Contract is drawn up in Italian and English language. The Italian language version will prevail in case of any discrepancy.
Art. 13 APPLICABLE LAW AND JURISDICTION
13.1. The Contract will be regulated and interpreted in compliance with Italian laws.
13.2. The Parties acknowledge that the application to this Contract of the United Nations Agreement on the Contracts for the International Sale of Goods is expressly ruled out.
13.3. For any controversy deriving from the Contract, or related to it, the Competent Court will be:
a) the Customer’s place of residence court, if the Customer is a consumer according to the law in force;
b) for any other case, exclusively the Court of Milan, Italy.
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