GENERAL TERMS OF SALES FOR ONLINE SALES ON THE WEBSITE shop.saferiding.it
Tenuta Montemagno Horses S.r.l., with registered office in via Filippo Turati 29, 20121 Milan, and operational headquarters in Via Santa Rita snc, 21057 Olgiate Olona, Varese, Italy, registration number in the Milan Business Register MI-2079967 and tax code / VAT no. 09272480964, allows the customers specified below, to purchase the products made available through the Internet, and more specifically through Safe Riding website (https://shop.saferiding.it), and any mobile application related to it, of which Tenuta Montemagno Horses S.r.l. is the sole and exclusive owner.
The Consumer Code (Legislative Decree No. 206/2005), the rules on electronic commerce, and the articles on Civil Code govern these General Terms of Sales which apply exclusively to the Products remote sale via the web, also through customisation, on the Safe Riding website (https://shop.saferiding.it). Any further variation to the General Terms of Sales is available on the website https://shop.saferiding.it at the time of ordering.
ORDERS, CONCLUSION OF THE CONTRACT AND ORDER FULFILLMENT
Customers and Consumers have the right to make purchases on the website https://shop.saferiding.it, as defined by art. 3, co. 1, point a) of the Consumer Code, meaning natural persons who make purchases for purposes not related to any commercial, craft, entrepreneurial, professional activities carried out, both Customers and Professionals as defined by art. 3, co. 1, point c) of the Consumer Code. The invoice request with the VAT number always qualifies the customer as a Client or Professional.
Purchase orders must be submitted online through the Order Procedure on the website https://shop.saferiding.it.
The Customer may access his / her profile to update or modify the data entered at any time.
The responsibility for the truthfulness and updating of the information provided shall be borne by the Customer.
At any time, the Customer may cancel his / her Profile by accessing the section "Profile" on the Website and following the instructions provided therein.
Once logged, the Client has the opportunity to select the Products to be purchased and set the customization available on the page https://shop.saferiding.it/. All selected products - with any customization - will be placed in the cart by the Client.
Before confirming the Order, the Client must verify the correctness of the customisation settings and the Products placed in the Cart, according to the Order summary that will be electronically transmitted by the Customer to Tenuta Montemagno Horses Srl by using the interface available on the website https://shop.saferiding.it by clicking on the "Order Confirmation" button.
Tenuta Montemagno Horses Srl will use the e-mail address provided to send the Customer the acknowledgment of receipt of the Order containing the hyperlink to the General Terms of Sales and the summary information and customization of the Products ordered (including the terms for the product delivery with any customizations), the price information, the payment and shipping methods, and any additional costs and contact details for customer service.
The contract is concluded when Tenuta Montemagno Horses Srl sends the Customer the confirmation of Order receipt.
Tenuta Montemagno Horses Srl has the right to carry out checks on the regularity and correctness of the Order sent by the Customer to ascertain any illegal conduct (also regarding the Customer's majority age), anomalies, and fraud in the purchase process.
In particular, according to art. 1456 c.c., Tenuta Montemagno Horses Srl has the right to terminate the contract (*with a return of the total amount already paid to the Customer) if:
a) the security systems of Tenuta Montemagno Horses Srl consider the order sent by the Customer as anomalous or fraudulent about the type and quantity of products purchased or the frequency of purchases made on the site;
b) the credit or debit card, or the PayPal account used for payment has been cloned, counterfeited, stolen or there is a reasonable doubt that the purchase was not made by the card owner;
c) the Customer is a minor, or the billing information provided by the Customer is incorrect or unverifiable.
In case of payment through PayPal / credit/debit card, the Order will be processed only after confirmation of the crediting of the total amount due, by way of price and shipping costs.
The Order fulfillment is subject to the Product availability or the lead times for the Products characterized by eventual customizations. It is possible that, in the period between the sending of the Order and its confirmation by Tenuta Montemagno Horses Srl, one or more Products ordered are temporarily not deliverable within the maximum delivery deadline indicated above.
Tenuta Montemagno Horses Srl will promptly notify the Customer of the unavailability or delays in the realization of the customizations who, at his choice, may promptly notify Tenuta Montemagno Horses Srl of his will to:
wait for the product availability up to 15 days from the Order date; ask for Order cancellation with a refund of the paid amount (*except for any other compensation or indemnification bore by Tenuta Montemagno Horses Srl) with crediting of the refunded amount to a Paypal account, as communicated by the Customer, within 14 days from the cancellation request (withdrawal).
No responsibility can be attributed to Tenuta Montemagno Horses Srl for delays in re-credit attributable to the bank or Paypal system. In any case, the value date of the credited amount will be the same as the debit.
PRICES AND PAYMENTS
Prices are stated in Euros, excluding VAT.
Tenuta Montemagno Horses Srl has the right to amend prices without notice: it is understood that the Price charged to the Client is that published on the website https://shop.saferiding.it at the time of sending the order, as reported on the Order confirmation screen. The amount and shipping rates are indicated on the Website.
Tenuta Montemagno Horses Srl retains full ownership over all ordered items until the purchaser has fulfilled all his obligations in their entirety, not least full payment of the order price.
The payment methods are indicated on the website https://shop.saferiding.it. Payment methods other than those available at the time of completing the web order form are not accepted.
Whether the Customer chooses to pay by PayPal (*or credit card with payment management made through PayPal), he will be redirected to the Paypal payment page, accessible from the login systems managed exclusively by Paypal.
The data entered on PayPal will be processed directly by the company itself and will not be transmitted or shared with Tenuta Montemagno Horses Srl, which declines any responsibility for any improper use.
In case of Order cancellation and all cases of refund, for any reason, the amount paid to Tenuta Montemagno Horses Srl will be credited to the Customer's PayPal account.
Once the credit order has been arranged, Tenuta Montemagno Horses Srl shall not be deemed liable for any delays or omissions in the refund crediting to the Customer.
For any problem, the Customer shall contact PayPal directly.
SHIPPING AND DELIVERY
Deliveries will take place using an express courier, by Monday to Friday, during office hours, excluding National Holidays. Deliveries will occur:
These provisions do not affect the rights of the Customer/Consumer provided for by art. 61 of the Consumer Code.
Tenuta Montemagno Horses Srl will make, where possible, a single delivery for all the Products referred to in the Order, in the case of multiple products ordered. Tenuta Montemagno Horses Srl reserves the right to make - within the maximum term of 30 days from the Order confirmation- staggered deliveries where some Products are temporarily unavailable.
In this case, Tenuta Montemagno Horses Srl will inform the Customer via email. No additional delivery costs will be charged.
The delivery will be deemed made on the date of the first presentation of the goods to the delivery address specified by the customer when ordering.
On delivery, the Customer will check that packaging containing the Products is intact, not damaged or wet, and that the number of packages corresponds to that shown on the shipper document.
The Customer is advised to reject the package if any damage to the Products is visible without having to open the packaging.
Tenuta Montemagno Horses Srl shall not be held liable for any damage to the Products if the damage to the packaging or delivery package has not promptly been contested when delivered.
RIGHT OF WITHDRAWAL and LEGAL GUARANTEE IN CASE OF CUSTOMER / CONSUMER
The Customer / Consumer - in case of purchase of non-customised products - has the right to withdraw from the contract without any penalty and without specifying the reason under and for Articles 52 and following of the Consumer Code.
The Customer / Consumer exercises the right of withdrawal by sending the related form (*please click here to download it) or written communication in which he declares the will to withdraw, within fourteen days from the moment in which the Customer / Consumer (or a third party designated by the Customer / Consumer) acquires physical possession of non-customised Products, about which the Customer / Consumer doesn't intend to exercise the withdrawal. The withdrawal form or the communication is sent by e-mail to the address (firstname.lastname@example.org) or by registered letter with acknowledgment of receipt addressed to Tenuta Montemagno Horses Srl, Via Santa Rita snc, 21057 Olgiate Olona (Va), Italy.
In any case, the withdrawal communicated by e-mail must be confirmed by the Customer / Consumer by a registered letter sent within the following 48 hours.
Within the non-extendable period of 14 days from the day he communicated the withdrawal, the Customer / Consumer must return the non-customised Products, in intact and undamaged packaging, to Tenuta Montemagno Horses Srl, Via Santa Rita snc, 21057 Olgiate Olona (Va), Italy, at his own expense.
Cash on delivery will not be accepted. The Customer / Consumer will only have to bear the direct costs of returning the non-customised products to Tenuta Montemagno Horses Srl
As soon as possible, and in any case, within 14 days from the day when the Customer / Consumer has expressed the decision to withdraw from the contract according to Article 54 of the Consumer Code, Tenuta Montemagno Horses Srl will credit the Customer / Consumer all payments received by the same, possibly including delivery costs (except for additional costs deriving from the Customer / Consumer choice of a type of delivery other than the less expensive standard delivery type offered by Tenuta Montemagno Horses Srl).
These refunds will be made using the same payment method used by the Customer / Consumer for the commercial transaction unless the Customer / Consumer has agreed otherwise. In any case, the customer shall not incur any cost as a consequence of such reimbursement. The refund may be suspended until Tenuta Montemagno Horses Srl has received the non-customised Products or until the Customer / Consumer demonstrates that he has returned the non-customised Products.
Exclusion of the right of withdrawal: Following art. 59 of the Consumer Code, the right of withdrawal is legitimately excluded for Products subject to customisation by the Customer / Consumer, made following an express indication or directive of the Customer / Consumer also through the customisation program made available by Tenuta Montemagno Horses Srl on the page https://shop.saferiding.it/en/configurator, or that have been modeled based on the customer's personal needs.
Therefore, Tenuta Montemagno Horses Srl informs the Customer / Consumer that it will not be possible to exercise the right of withdrawal on the aforementioned customised Products.
The Customer / Consumer benefits from the legal guarantee for the lack of conformity of the Products referred to in articles 128-135 of the Consumer Code.
To use the warranty, the Customer / Consumer must keep the invoice that he will receive from Tenuta Montemagno Horses sr
The legal guarantee in favor of the Customer / Consumer covers any lack of conformity existing at the time of delivery of the Products that occurred within two years of delivery of the Product itself.
The lack of conformity must be communicated by the Customer / Consumer to Tenuta Montemagno Horses Srl, by registered letter sent to Tenuta Montemagno Horses Srl, Via Santa Rita snc, 21057 Olgiate Olona (Va), Italy, under penalty of forfeiture, within 60 days from the date in which the Customer found the defect.
The action against Tenuta Montemagno Horses Srl lapses in any case within the term of twenty-six months from the Product delivery. In the event of a lack of conformity, the Customer has the right to repair or replace the Product, to get a price reduction, or to terminate the contract, according to the provisions of art. 130 of the Consumer Code.
Upon receipt of the communication, Tenuta Montemagno Horses Srl will contact the Customer to communicate how to return the Product. Tenuta Montemagno Horses Srl will send its courier to collect the product without any additional cost for the Customer
The Customer shall return the Product, possibly in the original packaging. Once the Product returned by the Customer has been checked, Tenuta Montemagno Horses Srl will arrange for the repair or replacement and will proceed with its shipment, except for the provisions of art. 130 of the Consumer Code.
If following the checks, the alleged lack of conformity is not identified under articles 128 and following the Consumer Code, the Customer / Consumer will be charged for any verification costs, as well as transport costs if incurred by Tenuta Montemagno Horses Srl.
If the purchase is made by a Customer / Professional, in case of defects, only the legal guarantees referred to in Articles 1490 and following of the Italian Civil Code will apply.
APPLICABLE LAW AND JURISDICTION
Italian law applies to these General Conditions of Sale and the purchase and sale contracts regulated by them; international conventions or other agreements or private international law relating to the law applicable to the sale of goods and services are excluded.
Any dispute that may arise from these General Terms of Sales and purchase and any sale contracts regulated by them will be devolved to the exclusive jurisdiction of the Court of Milan, without prejudice to the mandatory rules provided for by the Consumer Code in the presence of the Customer / Consumer, in which case the jurisdiction will be the one of residence of the Customer / Consumer.