ARTICLE 1 - INTRODUCTION

These conditions of sale (hereinafter only "Conditions") govern the sale of equipment and in general of products marketed by enerfitsport.it hereinafter referred to as the "seller".

The seller offers only and exclusively the sales service.

  1. All contracts for the purchase of products concluded, through the site "enerfitsport.it" and according to the procedures indicated therein, between the seller and the customer, will be governed by these Conditions.
  2. The technical and functional characteristics of the products marketed by the seller and purchased by the customer are those provided by the respective manufacturer to which the seller usually turns for the supply of the product.
  3. The customer is responsible for choosing the products ordered and for meeting and conforming to their needs.

ARTICLE 2 - ACCEPTANCE OF THE TERMS OF SALE

  1. The contract stipulated between the seller and the customer is finalized with the acceptance, even if only partial, of the order by the seller, who reserves the right, at its sole discretion, to accept the order.
  2. Acceptance is considered tacit, unless otherwise communicated to the customer in any way.
  3. By placing an order in the various ways provided for in the following articles, the customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions set out below.
  4. If the customer is a natural person who purchases the goods for purposes not related to his professional activity (the so-called final consumer), once the online purchase procedure has been completed, he will print or save an electronic copy and, in any case, keep these general conditions of sale, in compliance with articles 3 and 4 of Legislative Decree n. 185/1999 containing the rules on distance selling.
  5. Any right of the customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an order.

ARTICLE 3 - PURCHASE METHOD

  1. The customer can only purchase the products present in the seller's electronic catalog at the time of placing the order and viewable at the internet address “enerfitsport.it”, as described in the relevant information sheets. In the event that the chosen product is no longer available, the seller will make available to the customer a product with characteristics similar to the one chosen.
  2. The technical information included in the aforementioned site faithfully reproduces those of the manufacturers of the goods included in the catalog. The seller, therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without the need for any prior notice. Any purchase support information (Glossary, Buying Guide, etc ...) are intended as simple generic information material, not referable to the real characteristics of each individual product.
  3. The purchase order must be completed in its entirety and contain all the elements necessary for the correct identification of the products purchased.
  4. Each order sent constitutes the customer's contractual proposal and, therefore, is binding for the seller only if confirmed for acceptance.
  5. Correct receipt of the order is confirmed by the seller through an email response sent to the email address supplied by the customer. This confirmation message will contain the date and time of receipt of the order and a "Customer Order Number", to be used in any further communication with the seller. The message re-proposes all the data entered by the customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
  6. In the event of non-acceptance of the order, the seller undertakes to promptly notify the customer.
  7. The fulfillment of the order is equivalent to confirmation of the same.
  8. The seller reserves the right not to accept incomplete orders, not duly completed.
  9. Unless otherwise indicated, the prices of the published products must include VAT. Prices are subject to updates without notice and are subject to stock availability. The seller reserves the right to confirm or modify the prices of the products published on the website and / or in advertising material at the time of order confirmation.
  10. The tax documentation relating to the products ordered is issued by the seller at the time of shipment.

ARTICLE 4 - METHOD OF PAYMENT

  1. Advance Bank Transfer. In case of payment by bank transfer in advance, the sending of the order takes place only when the actual crediting of the current account indicated by the seller, which must take place within 5 working days from the date of acceptance of the order, after which the order is considered automatically canceled. The purpose of the bank transfer must include the order ID (time, date and order number), which is issued in the order confirmation email.
    Credit card.In cases of purchase of goods with a credit card payment method, at the same time as the online transaction is concluded, the reference bank authorizes the amount relating to the purchase made. The accepted credit cards are all those that rely on the Paypal circuit. The seller reserves the right to request additional information from the customer (e.g. telephone number) or to send copies of documents proving ownership of the card used. In the absence of the required documentation, the seller reserves the right not to accept the order. At no time during the purchase process can the seller know information relating to the buyer's credit card, as they are typed directly on the website of the bank institution that manages the transaction (with very high security systems) and no electronic archive of the seller contains or stores such data. In no case can the seller therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products.
    Cash on delivery. In case of cash on delivery, the goods will be sent as soon as they are available in stock, for cash on delivery an additional cost of 8  euros up to 100 euros for insurance rights is required. Payment must be made to the courier or postman upon delivery of the order in cash only.
    As a result of the rule introduced by the tax decree linked to the 2020 Budget Law, starting from 1.1.2022 it will not be possible to make cash payments for an amount exceeding € 1999.99.
  2. Shipping costs are charged to the customer up to 100 euros unless otherwise offered and are explicitly highlighted at the time the order is placed. The payment of the goods by the customer will take place using the method chosen at the time of the order. No additional fees or commissions are payable to the seller.
  3. Delivery costs by express courier are valid for the whole Italian territory.
  4. The cost of shipping, when present, is calculated based on the weight of the product .
  5. In case of cash on delivery payment, a surcharge of € 5.00 per order will be applied.
  6. Paypal
  7. If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorize this transfer.
     

ARTICLE 5 - METHOD OF DELIVERY

  1. The seller accepts orders only for delivery in the territory of the Italian state.
  2. The goods travel with packaging made directly by the manufacturer (or in cardboard boxes from the seller appropriately closed with adhesive tape). In no case are other closing materials used.
  3. On average the delivery times of the ordered goods are 3/5 working days (excluding islands); the same may undergo variations in the event of availability or not of the product at the site, on particular requests of the customer, for reasons of force majeure, due to traffic conditions and road conditions in general or by act of the Authority. Standard delivery, unless otherwise agreed in writing between the parties, will take place every working day, from Monday to Friday.
  4. No responsibility can be attributed to the seller in case of delay in the order or delivery of the ordered goods.At the time of delivery of the goods by the courier, the customer is required to check:

    • that the number of packages delivered corresponds to what is indicated on the invoice;
    • that the packaging is intact, not damaged or, in any case, altered;
    • that no closing materials other than closing with our adhesive tape have been used.
       
  5. Any external damage or the mismatch in the number of packages or indications, must be immediately reported to the courier making the delivery, putting the words "collection with reserve" on the appropriate accompanying document and confirmed, within 8 (eight) days by registered mail with return receipt to the courier, whose address is specified on the accompanying document. In the specific case of a damaged package, write "withdrawal with reserve because the package is damaged". The customer is required to promptly notify the seller by e-mail or fax of the incident.
  6. Once the courier's document has been signed, the customer will not be able to make any objection about the external characteristics of what has been delivered.
  7. Even if the packaging is intact, the goods must be checked within 8 (eight) days of receipt. Any damage or hidden anomalies must be reported in writing by registered letter with return receipt to the courier whose address is specified on the accompanying document.
  8. Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
  9. ATTENTION - before accepting the delivery, carefully check the integrity of the packaging and the quantity of packages. In the presence of breakages / crushing of the packaging or non-compliance with the delivery method (cage - pallets - tail lift) affix the wording "reserve" on the transporter receipt followed by a short and clear description of what has been detected, or reject. Generic "scrutiny reserves" will not be accepted. If you accept without making the necessary reservations to the goods delivered by the courier, you will not be able in any way to claim any shortages or damage due to transport at a later time to King Fitness Srls - P.zza martiri della liberty 3/5 10098 Rivoli ( TO)

ARTICLE 6 - RIGHT OF WITHDRAWAL

  1. Pursuant to art. 64 et seq. of Legislative Decree no. 206/2005, if the customer is a "consumer" (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to the seller) , has the right to withdraw from the purchase contract for any reason and to return the ordered products, without any penalty (except as indicated in the following paragraph 2) within 10 working days from the date of receipt of the goods by sending a request for withdrawal to the seller's office located in  Borgo San Martino, 22 - 12060 Pocapaglia (CN) by registered letter with return receipt in which they must also indicate the bank details necessary to return the sums paid. Or by PEC at the following address: KINGFITNESS@serviziassociatipec.it
     
  2. The right of withdrawal is subject to the following mandatory conditions:

    - the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
    - the law does not apply to sealed products, once opened;
    - the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment);
    - the goods subject to exercise of the right of withdrawal must be returned in a normal state of conservation, as it has been kept and possibly used with the use of normal diligence: therefore, used products that show signs of damage or dirt will not be accepted and which consequently can no longer be considered intact;
    - the goods subject to exercise of the right of withdrawal must bear the same serial number on the sales invoice, otherwise the return will not be accepted and the product will be made available to the customer for its return and at his own expense, simultaneously canceling the request of withdrawal;
    - the shipping costs for the return of the goods are charged to the customer and the shipment, until the certificate of receipt by the seller, is under the complete responsibility of the customer;
    - in case of damage to the goods during transport, the seller will notify the customer of the incident within 5 (five) working days from receipt of the goods, in order to allow him to promptly file a complaint against the courier. In this case the product will be made available to the customer for its return, at the same time canceling the request for withdrawal;
    - the seller is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
     
  3. Without prejudice to any repair costs for damage to the original packaging, the seller will refund the customer the full amount already paid, as soon as possible and in any case within 30 days from the date of receipt of the notice of withdrawal, upon receipt of the goods. subject of the withdrawal, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the reimbursement (IBAN code of the invoice holder).
     
  4. The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where the seller ascertains:

    - the lack of the external packaging and / or the original internal packaging;
    - the absence of integral elements of the product or anomalies in the product itself;
    - damage to the product for reasons other than its transport;
    - a dirty state of the product due to its use, which has compromised its integrity.
     
  5. The costs and risks of transport for the return are fully borne by the customer. The return of products that are not intact, deteriorated or lacking original accessories and equipment will not be accepted by the seller and will be returned to the sender with an increase in transport costs.
     
  6. In case of forfeiture of the right of withdrawal, the seller will return the purchased good to the sender, charging the shipping costs to the sender.
     
  7. The right of withdrawal is provided by law only for remote purchases, where the consumer has not been able to have the goods available, see it and consider its characteristics. Purchases made by firms, companies, entrepreneurs, freelancers and by all subjects with VAT numbers are therefore excluded from the right of withdrawal.

ARTICLE 7 - GUARANTEES

  1. All new products of Italian origin marketed by the seller are covered by the manufacturer's standard warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree no. 24/2002. To use the warranty, the customer must keep the invoice that he will receive together with the purchased goods.
  2. The manufacturer's conventional warranty is provided in the manner illustrated in the documentation inside the product packaging.
  3. The 24-month warranty provided for by Legislative Decree n. 24/2002 applies to products that present a lack of conformity, provided that it is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved only for the private consumer (a natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, the seller will, at no cost to the customer, restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated. If, following intervention by an Authorized Service Center,
  4. In the event that, for any reason, the seller is unable to replace a product under warranty, he may proceed, with the customer's consent, to replace the product itself (if still on the price list) or with another one of equal characteristics and value. or, finally, the release of a discount coupon of the same amount that can be spent on another product valid for 6 months from the time of issue.
  5. No damage can be requested from the seller for any delays in the replacement of products under warranty.
  6. In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
  7. Without prejudice to the hypothesis of willful misconduct or gross negligence of the seller, it is agreed that if the total responsibility of the same towards the customer is ascertained - including the case of total or partial non-fulfillment of the obligations assumed as a result of the execution of an order - the the seller's responsibility cannot exceed the value of the products purchased by the customer.

ARTICLE 8 - PROCESSING OF PERSONAL DATA

  1. The personal data requested when placing the order are collected by the seller and processed on computer media, in order to satisfy the obligations arising from the contract concluded with the customer and will in no case and for no reason be transferred to third parties. The seller guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree no. 196/2003.
  2. The data controller is  Giovinazzo M. Grazia , in the person of the pro tempore legal representative, unless a manager is appointed pursuant to art. 29 of Legislative Decree. n. 196/2003.
  3. The customer, at any time, has the right to withdraw consent to the processing of personal data with written communication to be sent to the seller's registered office.
  4. The customer, who declares to have received the information pursuant to art. 13 and on the rights due to the same, pursuant to art. 7 of Legislative Decree no. 196/2003, has the right to access their data in the manner provided therein.
  5. The customer has the right to object, in whole or in part, to the processing of personal data concerning him, provided for the purposes of commercial information or sending advertising material.
  6. or direct sales or for carrying out market research or interactive commercial communication and to be informed by the owner, no later than the time in which the data are communicated or disseminated, of the possibility of exercising this right free of charge.

ARTICLE 9 - COMPLAINTS

  1. Any complaint must be addressed to the seller's office located in  Via Plinio il Vecchio, 1 - 12042 Bra (CN)

ARTICLE 10 - JURISDICTION AND COMPETENT COURT

  1. The sales contract between the customer and the seller is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this remote sales contract, the territorial jurisdiction is exclusively that of the Court of  Rivoli TO .

ARTICLE 11 - MODIFICATION OF THE CONDITIONS OF SALE

  1. The conditions contained in this document may be modified unilaterally by the seller without notice and will be valid from the date of publication on its website “enerfitsport.it”.

ARTICLE 12 - POSTPONEMENT

  1. For anything not expressly provided for by these conditions of sale, please refer to the provisions of the Italian Civil Code and the legislation on distance selling and in any case to the national regulations in force and local customs.