Terms and conditions
GENERAL TERMS AND CONDITIONS OF ONLINE SALES
These general terms and conditions of sale (hereinafter also referred to as the “GTCSS”) apply to the purchase of “Palermo Football Club s.p.a., hereinafter also referred to as Palermo F.C. s.p.a.” branded clothing and accessories products (the “Products”) made by any individual who qualifies as a consumer (the “Customer”) – i.e. an individual who enters into a purchase contract (hereinafter referred to as the “Contract”) for the satisfaction of everyday needs unrelated to business or professional activities (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005) – on the e-commerce website https://store.palermofc.com/ (hereinafter referred to as the “Site”).
The Seller, as defined below, reserves the right not to process orders from persons not falling under the legal definition of “consumer”. In any case, if the Buyer does not qualify as a consumer, the Contract shall be governed by Italian law, excluding the 1980 Vienna Convention on the International Sale of Goods.
The Customer acknowledges that:
– the Site is owned by Palermo Football Club s.p.a., which is subject to the management and coordination of the English company City Football Group Limited, with registered office in Viale del Fante, 11, 90146 PALERMO Palermo Register of Companies no. iscrizionez. C.F. and Part. VAT No. 06804260823;
– the seller of the Products is the same Palermo Football Club s.p.a. (hereinafter referred to as the “Seller”);
– orders may only be placed by persons of legal age and who are not in a condition of legal incapacity;
– the language in which the Contract is concluded is Italian. In the event of a conflict between versions of the GTCSS prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the GTCSS in Italian shall prevail.
ARTICLE 1 – SUBJECT AND CONTRACT
With the GTCSS, the Vendor sells to the Customer, who purchases online, the Products offered for sale on https://store.palermofc.com/ (the ‘Site’).
The Contract is concluded exclusively over the Internet, by means of the Customer’s access to the Site, by sending a purchase order according to the procedure set out on the Site itself and its acceptance by the Seller. The purchase is governed by these General Terms and Conditions which the Customer must accept in full and without reservation. To this end, the Customer undertakes to read these GTCSS and the pre-contractual information provided on the page before concluding the purchase order.
The purchase order transmitted by the Customer through the Site has the value of a contractual purchase proposal, binding only on the Customer. In fact, the Seller reserves the right not to accept purchase order proposals that do not provide sufficient guarantees of solvency, that are incomplete or incorrect and in the event of product unavailability or for which there is even only a temporary lack of product. In these cases, the Seller shall notify the Customer of the non-acceptance of the order. In other cases, the Contract of Sale is concluded when the Seller sends the goods to the Customer. The Customer shall receive an order confirmation email. The confirmation email contains the Customer’s data, the order number, the price of the goods purchased, the shipping costs, and the delivery address to which the goods will be sent. The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify the Seller of any corrections.
It is not possible to cancel the order once the confirmation has been received (subject, however, to the right of withdrawal under Article 6 below).
In the order confirmation e-mail, the Customer will also receive the link to download and file a copy of these GTCS, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ARTICLE 49 OF LEGISLATIVE DECREE 206/2005
Prior to the conclusion of the Contract, the Customer is informed of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the Customer’s choice. Prior to the conclusion of the Purchase Agreement and before the order is sent, the Customer is informed about
1. identification of the Seller;
2. total price of the goods including taxes, with details of shipping and any other costs;
3. method of payment;
4. the period within which the Seller undertakes to deliver the goods;
5. the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
6. existence of the legal guarantee of conformity for the purchased goods
7. conditions of after-sales service and commercial guarantees provided
ARTICLE 3 – PRODUCT AVAILABILITY
The availability of the Products indicated on the Site refers to the actual availability at the time the Customer places the order. Such availability must however be considered indicative because, due to the simultaneous presence on the Site of several users, the Products may be sold to other customers before the order is confirmed.
If the products ordered are not available for reasons beyond the Seller’s control, the order will be rectified automatically with the deletion of the unavailable product and the Customer will receive the rectified charge or, if using prepaid systems, will be contacted to indicate the bank details necessary for the refund of the unavailable product.
The Customer who accesses the localised Site may have access to the Products available and purchasable in the country where the Site is located. Products purchased may only be delivered within the territory of the country in which the Site is located.
ARTICLE 4 – PRICES
All sale prices of the Products indicated on the Site are expressed in local currency and include all taxes that are to be paid by the consumer.
Shipping costs are not included in the price of the Products, but are indicated and calculated at the conclusion of the purchase process and before payment is made.
The Customer may use promotional vouchers offered by the Seller as part of promotional campaigns for the purchase. These vouchers may only be used in the manner indicated in the vouchers themselves; they may not be used retroactively and/or be transferred to third parties. It is not possible to cumulatively use several promotional vouchers for the same order. If for any reason, including due to cancellation or return by the Customer, the total value of the order should be less than the value of the voucher, the Seller reserves the right to invoice the original price of the goods that remain in the Customer’s possession.
ARTICLE 5 – TERMS OF PAYMENT AND DELIVERY
5.1 Methods of payment
The Vendor accepts various payment methods including, for example, credit card, debit card, PayPal, cash on delivery.
In case of payment by credit card, debit card and PayPal, the actual debit of the order amount will only occur when the order is complete and ready for shipment.
Communications concerning the payment and the data communicated by the customer at the time the payment is made take place over secure lines.
Payments may also be made through the use of promotional vouchers that are non-refundable in the event of return and/or withdrawal (discount codes) or gift cards that will be discretionally allocated by the Seller.
Following dispatch of the goods, the customer will receive a dispatch confirmation email in which he will find a link to click on and follow the delivery.
The customer has the duty to examine the package upon delivery and if he finds that the package is tampered with or damaged, he is obliged to accept with reservation (or reject the package) and photograph the package and its contents.
The Customer who accepts the parcel with reservations must exclusively contact the Seller’s Customer Care within 24 hours of delivery, specifying the order number and enclosing photos of the damaged parcel.
In the case of a “Driver release” delivery, the Customer who complains of non-delivery of the package, or damage to the package and/or goods, or finds that some items are missing, must contact the Seller’s Customer Care within 24 hours of delivery and retain the packaging of the shipment to allow verification of the complaint.
Failure to comply with the aforementioned terms shall result in the Seller’s inability to acknowledge the complaint and, therefore, cannot guarantee the Customer the compensation due.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with Article 52 of Legislative Decree of 06/09/2005 – No. 206, the Customer has 14 days from receipt of the goods to exercise the right of withdrawal.
In order to exercise this right, the Customer shall notify us by completing the online Return Form in the “Returns and Refunds” section. The delivery to the courier shall take place within 14 days of the completion of the online return request.
Items to be returned must be shipped from the same country in which they were ordered and received. In the package received there are always also instructions in paper format for requesting a return.
Due to technical handling and tracking issues, which may involve a very large number of requests, Return Requests not submitted in the manner described herein will not be accepted.
The goods shall be returned to the Seller using only the prepaid label that the Customer shall request from Customer Service. By using this label, the direct costs of returning the products shall be borne by the Seller.
Should the customer decide to return the goods without using the Seller’s prepaid label and/or with a different courier than the one indicated:
– the return costs shall be borne entirely by the customer;
– the Vendor shall in no event be liable for damage to or theft of the parcel and shall not issue any refund.
It is the Customer’s obligation to correctly follow the instructions contained in the package in which he received the goods and indicated on the Site for the return.
The goods must be returned undamaged, the products must not have been used, worn, washed, and must be returned in their original packaging, complete in all its parts (including the price label and tags unaltered and attached to the product, packaging material and any documentation and accessory equipment) and complete with the attached tax documentation.
Without prejudice to the right to verify compliance with the above, the Seller shall refund the amount of the products subject to withdrawal within a maximum period of 14 days.
If the product shows signs of use or has been used or altered from its original condition in any way, the Seller reserves the right not to accept the return. More specifically, if the return cannot be accepted because it does not comply with the above conditions, the Customer may choose to have the purchased products returned at his or her expense. In the event that the Customer refuses this shipment, the Seller reserves the right to retain the products and the amount corresponding to the purchase price of the same.
The Customer is liable for any decrease in the value of the goods resulting from handling other than what is strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (e.g. with signs of wear and tear, abrasion, scratches, removal of labels, removal of pendants, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the enclosed instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Customer shall be liable for the decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product.
The Seller assumes no liability for Products returned in error or for items forgotten in packages or returned Products.
In the event of non-compliance of the return, the customer will be contacted by Customer Care for clarification. The customer has 14 days to respond to our requests. Once this period has expired without any response from the customer, the Vendor will proceed to dispose of the garment and no refund will be allowed.
As provided for in Article 56(3) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Seller may suspend reimbursement until receipt of the goods or (where the courier indicated by the Seller has been used) until the Customer proves that he has returned the goods to the Seller.
The Seller shall make the refund using the same means of payment chosen by the Customer at the time of purchase. In the case of payment made in cash, and if the Customer intends to exercise his or her right of withdrawal, he or she must provide the Seller, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary to make the refund.
It is specified that the Customer who intends to exchange the goods for any reason whatsoever must exclusively use the return procedure described above.
No returns will be accepted if sent after the permitted date. Otherwise the package will be sent back to the customer.
In the event that an item other than the one ordered is received, if the customer wishes to return the item, the customer is obliged to return the item within the standard return period.
Customised items cannot be returned or exchanged, without prejudice to the rights attached to the product guarantee.
ARTICLE 7 – LEGAL GUARANTEE OF CONFORMITY – PROCEDURE FOR ITS USE
Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller warrants to the Customer that the Products are free of defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. Unless proven otherwise, conformity defects that become apparent within 6 months of the purchase of the Goods shall be presumed to have already existed on that date.
Upon the arrival of the goods, the Customer shall have the duty to examine the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by sending to the Seller’s Customer Service, by e-mail, the appropriate form correctly filled in, with precise indication of the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least a photograph of the Product and the order confirmation sent by the Seller).
Following receipt of the form and the relative documentation, the Seller will assess the defects and non-conformities reported by the Customer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide, at its own discretion, whether to authorise the return of the Products by providing the Customer with feedback by e-mail to the address provided by the latter during the registration process on the Site. The authorisation to return the Products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. If, following such ascertainment, the Products are found not to be covered by the warranty, they shall be returned to the Customer’s availability. Should the conformity defect occur, the Seller shall retain the item and shall grant the Customer a refund of the price, also by means of a voucher that can only be spent on the Site.
The Products for which the Seller has authorised the return must be returned by the Customer, together with a copy of the return authorisation notice, within 30 (thirty) days of the defect or non-conformity being reported, to the address indicated by the Seller.
The application of any guarantee is excluded in the event that the Product is used or washed in a manner that does not comply with the Product’s intended use and with the instructions/warnings on the matter provided or indicated in the reference illustrative documentation, tags or labels.
ARTICLE 8 – MODE OF DELIVERY
The Seller shall only accept orders to be delivered within the Italian territory and within the territory of the States indicated on the Site. The Products shall be delivered by express courier to the address indicated by the Customer when placing the order. Shipment shall take place on average within 3 to 4 working days, without prejudice to the maximum term provided by law of 30 days from the date of receipt by the Customer of the order confirmation e-mail sent.
ARTICLE 9 – LIABILITY
The Seller assumes no liability for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and failures of the Internet network, in the event that it is unable to execute the order within the timeframe stipulated in these GTCSS.
Both in the hypothesis of exercising the right of withdrawal and in the hypothesis of exercising the right of conformity guarantee, in the event that the goods cannot be accepted by the Seller because they do not meet the requirements for exercising the rights set forth in Articles 6 and 7 above, it is the Customer’s responsibility and liability to retrieve the goods returned to him at his own expense. The Customer acknowledges and unconditionally accepts that the Seller, after 30 days from the communication of the placing at the disposal of the Customer, may proceed to dispose of the goods not collected by the Customer in accordance with the law.
ARTICLE 10 – FINAL CLAUSES
The Products are sold with the characteristics described on the Site and according to the GTCSS published on the Site at the time the order is placed by the Customer, to the exclusion of any other condition or term.
The Seller reserves the right to amend these GTCS at any time, at its own discretion, without the need to provide any prior notice to users of the Site. Any amendments made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
Prices, Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Customer is invited to check the final sale price.
These GTCS are made up of the entirety of its provisions. Should one or more provisions of these GTCS be deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 11 – APPLICABLE LAW AND JURISDICTION
These GTCS are subject to Italian law. In any case, the rights that may be attributed to consumers by mandatory provisions of law in force in their country shall remain unaffected.
Any dispute that cannot be settled amicably shall be submitted to the non-exclusive jurisdiction of the Court of Palermo. As a consumer, the Customer shall also have the right to bring proceedings before the courts of the European Union Member State of residence or domicile.