Terms and conditions CFC

Terms and conditions of CFC

Welcome to the website http://www.store.calciocesena.com, the official online store of CESENA FC S.r.l.

The products offered on store.calciocesena.com are sold and distributed by Grow Up S.r.l.s. Unipersonale.

Brands, logos and other various distinctive signs present on the site belong to their respective owners.

The use of trademarks, logos and other distinctive signs, including reproduction by unauthorized third parties on other websites, is prohibited.

The content of the site (texts, graphics, images and animations) is protected by copyright; it is therefore forbidden, among other things, to reproduce the images and publish them in any form without written authorization by Grow Up S.r.l.s.

The following general conditions of sale apply to each purchase of goods through the site.

ART. 1 - DEFINITIONS

1.1. "Site" is the website http://www.store.calciocesena.com, dedicated to the sale of the official merchandising of Cesena FC S.r.l.

1.2. "Customer" is the subject (natural or legal person) who makes the purchase on the Site, accepting the general conditions of sale.

1.3. "GROW UP" is GROW UP S.r.l. Unipersonale, with registered office in San Lazzaro di Savena (BO) Via Antonio Zucchi 29, PEC address growupsrls@pec.it, C.F. 02946600646. GROW UP S.R.L. is the official licensee of Cesena FC S.p.A.

1.4. “Seller” or “Bidder” is Grow Up.

1.5. "Order" is the request form for goods for sale, filled in by the Customer through the Site.

1.6. "Products" are the goods offered for sale on the Site, based on the general conditions of sale.

1.7. "Personalized products" are the goods characterized by specific requests and indications of the Customer.

1.8. "Price" is the consideration for the sale of the goods only.

1.9. "Contract" is the distance contract whose object is the sale of products, based on the general conditions of sale.

1.10. "Parties" are GROW UP S.R.L. and the Customer.

ART. 2 - TECHNICAL MODES OF CONCLUSION OF THE CONTRACT

2.1. The products are offered for sale on the basis of the terms and conditions set out in the contract published on the site at the time of the order.

2.2. In order to make a purchase, the Customer must follow and respect the following methods:

· Select the desired product and click the "add to cart" button: at that point the summary of the main characteristics of the chosen product will appear, together with the total price due and any shipping costs (with the exception of any customs duties, where due) and taxes;

· Click the "proceed to checkout" button and fill in the request form ("Order"), indicating the chosen payment method; the Customer, before proceeding to the next step, is required to verify the accuracy of the data entered, for the veracity of which the Customer is responsible;

· Read the general terms and conditions by clicking on the appropriate button, and accept them by clicking on the box next to the phrase "I accept the terms and conditions of sale";

· Press the "buy" button; the system will highlight that placing the order implies the completion of the contract and the consequent obligation to pay for the goods you are about to purchase.

2.3. Once the phase referred to in the previous point has been correctly completed, the Customer will receive an order confirmation in which the following will be summarized:

- the type of products ordered,

- the price of each of them,

- delivery costs,

- the chosen payment method.

The system will inform the buyer of the right of withdrawal referred to in the following art. 8, exercisable under the conditions.

2.4. The contract is concluded and binding for the parties when GROW UP S.R.L.S. sends the order confirmation to the Customer to the e-mail address indicated at the time of the order.

2.5. The contract will be memorized with the right for the Customer to view it by accessing their personal area or by contacting Grow Up S.r.l.

2.6. The creation and supply of customized products offered for sale through the site are subject to a specific request by the Customer, to be made according to the seller's instructions.

For the purchase of these products, advance payment is required and the right of withdrawal is possible according to the provisions and provisions of the Consumer Code.

2.7. In addition to Italian, the contract can be concluded in one of the following languages: English.

ART. 3 - DELIVERY TIMES AND METHODS

3.1. The delivery of the products to the shipping address indicated by the Customer in the order is made by express courier.

3.2. Product delivery times: 24-48 hours for Italy, 48-72 hours for Europe, 3 or more working days for non-European countries, after 24 hours from the date of receipt of the order by GROW UP S.R.L.S. The times are indicative and not strictly binding for GROW UP S.R.L.S. In any case, delivery will take place at the latest within thirty days from the date of conclusion of the contract.

3.3. In case of non-delivery of the goods within the agreed term or within the term of thirty days, the Customer must invite GROW UP S.R.L.S. to carry out the delivery within an additional period appropriate to the circumstances and is entitled to terminate the contract only if the additional period thus granted should expire without the goods delivered to the Customer.

3.4. In case of unavailability of one or more products, which occurred after the order confirmation, GROW UP S.R.L.S. will notify the Customer by email, anyway proceeding with the shipment of the remaining products ordered by the Customer. In this case, the contract will remain valid only for the products actually shipped and the Customer will not be able to refuse partial delivery or payment of the goods actually delivered, nor will the Customer be entitled to obtain compensation or reimbursements, but only to receive a refund of the price corresponding to the unavailable product or products, where already paid.

ART. 4 - REGISTRATION

4.1. To purchase the products, it is not necessary to make a prior registration. The user of the site can still choose to register: registration is free, fast, and it does not involve any obligation to purchase. Upon placing the first order, the Customer will be automatically registered and will receive a generic password, which can be immediately changed using the link in the confirmation email. The Customer undertakes to communicate correct, truthful, and complete data regarding: personal details, personal contact details, and other information useful for order fulfillment.

4.2. The Customer is required to keep a copy of the purchase confirmation sent by store.calciocesena.com to the e-mail address indicated by the customer when registering on the site.

ART. 5 - PRICE, PAYMENT AND INVOICE

5.1. The prices are expressed in Euros (€) and include the value-added tax (VAT) in force for the respective product categories to which the products belong.

5.2. The total price resulting at the end of the order includes shipping costs, but not any customs duties and/or additional taxes on the sale, necessary for importing the goods into foreign territory. Any additional charges for customs clearance will be borne exclusively by the recipient of the shipment.

5.3. The payment of the price must be made:

- When placing the order, in case of advance payment by credit card or PayPal

- At the time of delivery of the products, in case of payment on delivery. This payment can only be made in cash and only for orders delivered in Italy.

5.4. The billing request must be made at the same time as the order.

Once the customer has received the confirmation of the purchase, the Customer must send an e-mail to Customer Service (info@growupmerchandising.com) indicating:

Order number
Business name
Billing address
Tax Code and/or VAT number

In the case of telephone orders, the customer must communicate the invoice request and related data directly to the operator during the purchase.

The document will then be sent to the applicant in digital format by e-mail.

Billing requests made in the days following the date of acceptance of the order will not be accepted.

ART. 6 - FORCE MAJEURE

6.1. In the event that the contract cannot be executed, even in part, due to unavailability of the goods or for other reasons of force majeure, GROW UP S.R.L.S. will notify the Customer by email within thirty days from the day the order is sent and GROW UP S.R.L.S will be released from all obligations, except for the reimbursement of any sums already paid by the Customer.

ART. 7 - COPYRIGHT AND TRADEMARKS

7.1. The contract does not grant the Customer any rights to trademarks, logos and other distinctive signs of various kinds present on the site, nor to the related contents.

ART. 8 - RIGHT OF WITHDRAWAL

8.1. Based on the provisions of Articles 52 and ss. Legislative Decree n. 21/2014, the Customer-consumer has the right to withdraw from the contract, without penalties and without the need to specify the reason, no later than fourteen days from the receipt of the goods (or, in the case of multiple goods ordered through a single order and delivered separately, from the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the last good).

For the purpose of exercising the right of withdrawal, the Customer must, before the term referred to in the previous point expires, inform GROW UP S.R.L.S. of the decision by sending a written communication to the following address: GROW UP S.R.L.S. - Via Antonio Zucchi 29 San Lazzaro di Savena 40068 (BO) within 14 days of receipt of the products.

The communication can also be sent by e-mail to info@growupmerchandising.com.

8.3. In case of exercising the right of withdrawal, the Customer is required to return the goods received to GROW UP S.R.L.S., sending them to its headquarters in San Lazzaro di Savena (BO) Via Antonio Zucchi 29, without undue delay and in any case by fourteen days following the date on which the Customer communicated the decision to withdraw from the contract; the deadline is considered to have been met if the Customer sends back the goods before the expiry of the fourteen-day period.

8.4. The direct cost of returning the goods is the sole responsibility of the Customer.

8.5. The customer is required to return the goods in an intact state of conservation and with the original labels not removed. The packaging of the products must be accurate, in order to protect the original wrapping from damage, affixing of writings, or labels. The consumer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the same.

8.6. Where the right of withdrawal has been exercised in accordance with the aforementioned provisions, GROW UP S.R.L.S. will, within thirty days of receiving the notice of withdrawal, return to the Customer all payments received, in relation to the order to which the withdrawal refers, using the same payment method used by the Customer for the initial transaction if this does not involve the Customer costs resulting from the reimbursement.

However, pursuant to art. 56, paragraph 3, Legislative Decree no. 21/2014, GROW UP S.R.L.S. has the right to withhold the reimbursement until receiving the goods or until the Customer has demonstrated that the Customer has returned the goods, depending on which situation occurs first.

8.7. The right of withdrawal is reserved only for natural persons acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out (consumers). Therefore, retailers and companies are excluded from the right of withdrawal.

8.8. The right of withdrawal is also excluded, pursuant to art. 59 of Legislative Decree no. 21/2014, in the case of the supply of customized goods (see previous art.2.6.), as well as sealed goods that cannot be returned for hygienic reasons or reasons related to health protection and which have been opened after delivery.

8.9. No refunds or replacements are made on customized products upon the express request of the customer (eg: customized products with names and/or numbers, with patches, with initials, with the exception of defective or damaged products); on underwear and costumes; on match jerseys after the change of the player's jersey number or the player’s transfer to another team. For products at a discounted price (Outlet section, special promotions) no refunds are made, but replacements are possible as well as the request for a voucher corresponding to the amount paid.

ART. 9 - CUSTOMER RIGHTS IN THE EVENT OF PRODUCTS DISCREPANCIES.

9.1. In the event that the Customer identifies a lack of conformity of the product, the Customer has the right to request its repair or replacement without charge, where possible and not excessively expensive, and if these are not possible or are excessively onerous, the Customer may request an appropriate price reduction or the termination of the contract. The termination of the contract is excluded in the event of minor conformity defects.

9.2. Following the complaint for the cases referred to in the previous point, GROW UP S.R.L. will arrange to collect the product from the Customer within a reasonable time and, after verifying the existence of the discrepancy, to replace it or, if the conditions are met, to partially or fully refund the price; however, it is the faculty of GROW UP S.R.L.S to propose alternative remedies available, such as, by way of example, the replacement of the product with another one of a different nature but of equal value, chosen from those displayed on the site, or the issue of a voucher corresponding to the amount paid, to be used later by contacting Customer Service; in the event that the Customer accepts, GROW UP S.R.L.S. will carry out the specifically proposed remedial service.

ART. 10 - PRIVACY

10.1. The data communicated by the Customer necessary for the execution of the contract are treated in accordance with the provisions of Legislative Decree 2003 n. 196 regarding the protection of personal data as well as the EU Regulation GDPR 976/2016. For more information, the Customer can consult the Privacy policy section of this site.

ART. 11 - COMMUNICATIONS

11.1. All communications between the parties must be made in writing and sent to the address of the other party indicated for GROW UP S.R.L.S. in these terms and conditions and for the Customer in the order sent.

11.2. Communications sent to the e-mail address of the other party, as identified above, are also validly sent in writing.

ART. 12 - APPLICABLE LAW AND JURISDICTION

12.1. The parties, by entering into the contract pursuant to the preceding provisions, agree that the contract is governed by Italian law and subject to Italian jurisdiction, and that the application to it of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

12.2. For any dispute concerning the validity, execution or interpretation of the contract and its effects, the following will be competent:

a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer resident or domiciled in Italy;

b) the Court of Bologna exclusively in any other case.

email. The Customer undertakes to communicate correct, truthful, and complete data regarding: personal details, personal contact details, and other information useful for order fulfillment.