Terms and conditions of sale
To find out about the terms and conditions of use of the Site that govern your use of the Site , click here . To find out the terms and conditions of sale applicable to the Site, please read the following.
TERMS AND CONDITIONS OF SALE
The terms and conditions of sale set out below (“Terms and Conditions of Sale”) apply to all sales and deliveries made for the products of AGB Company SpA (the “Seller”/“Supplier”). These Terms and Conditions of Sale must be carefully examined by the Buyer before completing the remote purchasing procedure. By placing an order, the Buyer accepts these Terms and Conditions of Sale and undertakes to observe them in his relations with the Supplier, who does not consider himself bound to conditions different from these.
The expression "online sales contract" means the purchase and sale contract relating to the Seller's tangible movable property to the Buyer as part of a remote sales system via telematic tools, organized by the Supplier.
The expression "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The expression "Supplier" means the person who carries out the sale of the goods covered by this contract.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
The goods covered by these general conditions are offered for sale via a system of electronic tools organized by AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA) registered with the Naples Chamber of Commerce at no. 609258 of the Company Register, tax code no. 03545881215, VAT number no. 03545881215. Telephone number: +39.081.8335448, fax: 39.0813951987, email:firstname.lastname@example.org, which manages the store.poloclubstmartin.com website
He expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and undertakes not to trade in what has been purchased.
3) OBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the Supplier sells and the Buyer purchases remotely via electronic means only the tangible movable goods indicated and offered for sale on this Site.
The contract between the Supplier and the Buyer is concluded exclusively through the internet through the Buyer's access to the address of this Site, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded with an irrevocable order by the Buyer with the completion and online submission of the order form, which will be displayed on the printable order summary web page, which contains the details of the orderer and of the order, the price of the purchased good and the shipping costs, the payment methods and terms, the address where the good will be delivered. When the Supplier receives the order from the Buyer, it will send a confirmation email and/or display a printable web page confirming and summarizing the order, which also contains the data entered by the buyer in the order form. The contract is considered perfected and effective between the parties only with the execution of the order and the issuing of the relevant invoice or sales note, the Supplier having the possibility, up to that moment, to refuse the order.
Specifically, each order sent constitutes an offer to purchase the Supplier's products. Orders are subject to availability and acceptance by the Supplier who may, at any time and at its discretion, refuse to accept the Buyer's order, including, for example, cases in which:
- orders cannot be executed due to an error in the information provided by the Buyer, for example when he provides: insufficient or incorrect payment information, incorrect billing information; insufficient or incorrect delivery address information – in this regard, the Buyer is kindly requested to note that the Supplier does not send products to post office boxes; or misleading information;
- an error has occurred on the site relating to the products ordered, for example an error relating to the price or description of the products as shown on the site;
- the products ordered are no longer available on the site;
- the order amount is too high, based on a concrete evaluation which will be conducted on a case-by-case basis at the absolute discretion of the Supplier.
In such cases, the Buyer will only be entitled to a full refund of the price paid and to no further compensation.
The invoice or sales note will be issued by AGB Company SpA in paper form and inserted inside the package containing the ordered products.
4) PAYMENT AND REFUND METHODS
The Supplier only accepts advance payment for the products ordered via the main credit cards (Mastercard and Visa circuits) and PayPal. The credit card data is managed directly by Wirecard or by other banks, specialized in managing online payments; PayPal data is managed directly by PayPal. The information is encrypted using latest generation encryption systems which prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the card-issuing bank to verify the authenticity of the card's ownership or to PayPal in the event of problems. At the end of this verification, in the event of a positive outcome, we will proceed with the procedure to conclude the contract and deliver the order placed, if there are no further impeding elements. Any refund to the Buyer, if he is entitled to it, will be credited by reversing the payment by credit card or PayPal, within 30 days at the latest. from the date on which the Supplier became aware of the cause that generates the right to reimbursement.
5) DELIVERY TIMES AND METHODS
The Supplier will deliver the products ordered via GLS courier or equivalent for deliveries within Italian territory, and via DHL courier or equivalent for deliveries to the rest of the world. Order processing times may vary, from the day of the order to a maximum of 4 working days, within which the invoice or sales note will be issued and the order will consequently be accepted, with the start of its execution . In the event that the Supplier is not able to ship within said deadline, prompt notice will be given via e-mail to the Buyer, indicating the deadline within which the order will be processed. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6) SHIPPING AND DELIVERY COSTS
The Supplier ships the goods worldwide, excluding the territory of the People's Republic of China.
In EC member countries, shipping takes place with the DDP (Delivery Duty Paid) formula, therefore in these destinations the goods will arrive directly at the indicated delivery location without having to pay additional sums compared to what has already been paid when the order was sent , as the price calculation already includes any shipping costs. Shipping costs will be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the web page summarizing the order placed.
For all other countries the DDU (Delivery Duty Unpaid) formula is used, so the courier may present itself with a separate invoice requesting payment of duties and taxes requested by the local authorities. In the event that the amount of such expenses is known or knowable by the Supplier, the latter may inform the Buyer of the relevant amount at the time of purchase or may provide instructions for calculating them. In any case, the Buyer who resides in a country not part of the EC is advised to find out about local taxes and duties before placing an order with the Supplier.
7) SUPPLIER INSURANCE AND LIABILITY
The Supplier insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The risk of loss or damage to the goods remains with the Supplier until the Buyer or a third party designated by him physically takes possession of the goods.
All sales prices of the products displayed and indicated on this website are expressed in Euros and constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT and any other tax regarding delivery within the territory of an EC country. Regarding shipping costs, taxes and customs duties, please refer to point 6) above. The prices indicated for each of the goods offered to the public are valid until the order is submitted and indicated on the order summary web page. Therefore, prices and conditions may be changed by the Supplier at any time and for the Buyer what appears on the order summary web page will be valid.
9) AVAILABILITY OF PRODUCTS
The Supplier ensures the processing and fulfillment of orders without delay via the electronic system used. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking if he intends to confirm the order. order or not. The Supplier's IT system confirms the registration of the order as soon as possible by sending the user a confirmation by email, which does not produce any legal obligation, as it is a simple summary of the order.
10) LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. The Supplier cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its sub-suppliers. Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards at the time of payment for the purchased products, if it demonstrates that it has adopted all the ordinary precautions possible at the time and based on ordinary diligence.
11) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SUPPLIER'S OBLIGATIONS
The Supplier cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party will have to prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) GUARANTEES AND ASSISTANCE METHODS
The Supplier is liable for any proven fault or defect in the product attributable to him provided that such fault or defect has been reported by registered mail to the address AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA) or sent via fax to no. +39.081.3951987, or sent via e-mail to email@example.com within eight days of delivery. The report is not necessary if the seller has recognized the existence of the defect or has hidden it. As regards the guarantees of conformity of the products purchased, the legal guarantees provided for by law are also applicable to the sale of the products regulated by these general conditions. In case of non-conformity of the products delivered, articles 129, 130 and 131 of the Consumer Code will therefore apply.
13) BUYER'S OBLIGATIONS
The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the Contract. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as at the time of finalizing the order a reference to this web page is shown.
14) RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 21 (twenty-one) days, starting from the date of the order. In any case, in the event of any late deliveries, the Buyer is guaranteed 14 days from receipt of the product to withdraw. If the Buyer decides to exercise the right of withdrawal, he must notify the seller via the appropriate form in the area reserved for the Buyer on this website. We do not accept returns of custom-made or personalized items.
The costs of returning from the Italian territory to the Supplier are borne by the Supplier. If the return is shipped from a foreign country, the costs of returning it to the Supplier are borne by the Buyer. To this end, it is specified that fine leather products delivered outside the EC territory can only be returned if accompanied by the "cites" certificate issued by the competent body. The Buyer who must return this type of goods is advised to consult the competent bodies before shipping. Goods not returned regularly to customs will be refused and not refunded.
The Supplier will refund the amount due to the Buyer (equal to the amount paid for the purchase of the product) following withdrawal within 30 (thirty) days from receipt of the withdrawal notice provided that within this period the goods have been returned in their original condition and not worn. The Buyer must send the returned goods to the following address: AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA)
15) CONTRACT STORAGE METHODS
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order placed is stored in digital form on the server on which the Site resides according to confidentiality and security criteria.
16) COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA) or sent via fax to no. +39.081.3951987, or sent via e-mail to firstname.lastname@example.org . The Buyer indicates in the registration form his/her residence and domicile, telephone number or e-mail address to which he/she wishes communications from the Supplier to be sent.
17) SETTLEMENT OF DISPUTES AND APPLICABLE LAW
All disputes arising from this contract should the Parties intend to appeal to the ordinary judicial authorities, the competent court is that of the Purchaser's place of residence. This contract is regulated by the Italian law.
18) DURATION AND EFFECTIVENESS OF CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions for the Buyer.
These conditions may be updated or modified directly with the transcription of the new rule on this Site. The modification or update will be valid and effective for orders that have not yet been entered and for which the page has not yet been displayed and printed. web, which summarizes the order data.
1) HOW TO BUY
Purchasing on the Polo Club St. Martin shop is very simple.
You can navigate to the site's homepage or catalog and click on the image of the chosen product to view the relevant product sheet.
Inside the product sheet you can view the details of the selected item and see the product images enlarged using the zoom. The product sheet lists information on model, description and price. Where necessary, you will need to indicate your size before purchasing (only the sizes available at that time are displayed).
On the cart page you can view the selected products, their quantity and total cost.
By clicking on "Proceed with order" you can continue the purchase process.
To complete the order you will need to fill in the Checkout page, following the steps indicated: within the same page, you can view the checkout progress.
All the data of your order are summarized at the end of the procedure and once the purchase process has been confirmed, it will no longer be possible to make changes.
Once the purchase has been completed, you will receive a confirmation email with the summary and code of the order placed.
2) HOW TO CONTACT US
To contact us, follow the instructions on the Contact page.
Orders placed on the Polo Club St. Martin shop are shipped to Italy via BRT, SDA, TNT courier or to other countries via DHL, DPD, SDA or equivalent. At the time of shipment, the tracking number is communicated to follow the path of the package.
Orders are processed in 1-3 working days after checking the actual availability of the product and checking the payment. In case of errors, the amount charged may be refunded.
Shipments are delivered in 3-5 working days in Italy and in 5-8 days in other European Community countries, depending on the delivery area and the time in which the order was placed or payment was received.
The goods will arrive directly at the indicated location without having to pay anything in addition to the amount paid at the time of the order. ATTENTION: no shipments are made to post office boxes.
4) PAYMENT METHODS
You can make payment by credit card , PayPal .
We accept major credit cards, including Visa and MasterCard. For payments with American Express card you must use PayPal.
The transaction is secure and is hosted by Banca Sella 's servers: we do not intercept or store customer credit card data.
You can pay through PayPal using your PayPal account.
The transaction is secure and is hosted by PayPal servers: we do not intercept or store customer data.
We guarantee all our customers maximum peace of mind in the purchasing process on the site.
For this reason, if you are not satisfied with the product received, you can exercise the right of return.
It is possible to request the return of a product purchased only in the following cases (pursuant to Legislative Decree 206/2005):
- the request must be made within 14 days from the order date.
To start the return procedure you need to create a request from your personal account page . We will contact you as soon as possible to provide you with the necessary information for the procedure. The transport costs for returning the product will be at our expense.
Acceptance of returned goods occurs only in the following cases (pursuant to Legislative Decree 206/2005):
- the product must be intact and unused;
- the tag accompanying the product and/or the seal must not have been removed;
- the return of the product purchased online must be carried out exclusively by following this procedure.
Following verification of the existence of the aforementioned conditions, we will refund you the amount paid. In the absence of the aforementioned conditions, the product will be returned to the sender.
Note: returns of items purchased online made at physical sales points or made without having previously followed the above procedure and respected the above requirements will not be accepted.
6) INFORMATION ON PRICES AND VAT
All prices shown include VAT, where applicable.
When ordering on the Polo Club St. Martin shop, safety is guaranteed. In the purchase process, each page intended to manage the credit card transaction is protected through the latest version of the SSL (Secure Socket Layer) protocol. This means that all financial information - credit card number, expiration date, etc. - they are previously encrypted using a particularly solid and powerful algorithm and, only subsequently, are they forwarded on the Internet.
When you enter your credit card information, your financial information is sent directly to the bank's secure site. Neither we nor anyone else will NEVER be able to have access to your credit card details, thus guaranteeing maximum security.
WE DO NOT STORE OUR CUSTOMERS' CREDIT CARD DATA.
The purchase can only be made by the cardholder, whose name and address must match the name and address of the orderer. We reserve the right, at our sole discretion, to request additional guarantees from the buyer or to refuse the order.
We will send a regular paper invoice or sales note together with the shipment of the products.
In relation to Legislative Decree 196/03, we inform you that your personal data collected by us will be used by AGB Company SpA for the sole purpose of:
- Sending information, advertising and promotional material
- Invoicing in case of purchase
Your data will be processed only to achieve the aforementioned purposes.
You will be able (art.7 Legislative Decree 196/03), at any time, to access your data, request its updating, cancellation, rectification, blocking or oppose its processing.
For any request in this regard you can contact the Data Controller: AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA) or sent via fax to no. +39.081.3951987, or sent via e-mail to email@example.com
In relation to the previous information note, by registering on the site the customer declares to have received, pursuant to and for the purposes of article 13 of Legislative Decree 196/03, suitable and complete information regarding the rules concerning the protection of personal data and , consequently, freely expresses (art.23 Legislative Decree 196/03) his consent to the processing of his personal data by AGB Company SpA, in the terms and for the purposes indicated above.
Why register on our site
Registering on our site is absolutely free.
By registering you can:
- place orders faster
- view the status and history of orders
- change your billing and shipping information
SITE TERMS AND USES
Please read the provisions below carefully before accessing the store.poloclubstmartin.com website (the "Site") or any pages thereof. Accessing and browsing the Site implies acceptance of the provisions indicated below. If you do not intend to accept the contents of these provisions, we invite you to leave the Site immediately.
1) PURPOSES AND FUNCTIONALITY OF THE SITE
We use the Site to promote, sell and provide information on PoloClubStMartin products and collections. Within specific sections of our Site, additional functions are provided, such as the possibility for users to register on the Site by activating a personal account by entering their data, in order to access reserved areas and contents, be included in specific mailing lists to receive newsletters relating to the products and initiatives of AGB Company SpA, participate in promotional initiatives, create personalized lists of favorite products and make the online purchase of PoloClubStMartin products, or for other purposes.
2) PRODUCTS AND SERVICES; DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Information on products and services is for descriptive or promotional purposes only.
Although AGB Company makes reasonable efforts to ensure that the information available on the Site is accurate and constantly updated, AGB Company does not recognize any guarantee of correctness, completeness, accuracy or currency of the information on the Site, including for example product descriptions , services, prices and/or availability indications that are present on the Site. We have used our best efforts to ensure that the appearance, and in particular the colors, of our products present on the Site is displayed in the most realistic as possible. However, the appearance and colors you actually see depend on your computer settings and AGB Company cannot guarantee that your computer will display our colors correctly. The fact that certain products or services are included on the Site does not imply any guarantee as to the possibility of being able to use such services or to be able to purchase such products through the Site at a specific time and/or regarding their availability in that circumstance. From time to time, we may modify or remove, temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed or made available through the Site, as well as change the prices of such products or services, including without giving you any notice that such changes will be made.
3) CONTENTS OF PoloClubStMartin
All right, title and interest in and to the Site and any portion of its content, including, for example, the software, HTML code, other computer code contained in the back-end and front-end components of the Site, the front-end visual interface user of the Site, the parts of text, graphics, scripts, works of art, photographs, images, drawings, texts, slogans, as well as all audiovisual materials and other materials that constitute in any way part of the Site (collectively, the “AGB Company Content”) are the property of AGB Company and/or, if applicable, the property of AGB Company. All AGB Company Content is protected by national intellectual property laws, including, for example, copyright, patent, trademark and other international laws and treaties regarding intellectual property rights.
The use of the aforementioned intellectual property is permitted only for personal and informational purposes. It is prohibited to copy, download, distribute, modify, create derivative works or extracts, publish or otherwise use or exploit said material without the prior written consent of AGB Company or, as the case may be, of another owner of the relevant rights, or unless these activities are not expressly permitted by notice or instructions on the Site itself. However, the reproduction of the intellectual property present on the Site for the purpose of sale, distribution for commercial purposes, insertion or posting on other unauthorized sites is prohibited. Violation of the rules protecting intellectual property can expose the offender to civil and criminal liability.
Polo Club St.Martin reserves the right to take any legal action to protect its rights in the event of abusive use.
5) USER CONTENT
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, photograph and more generally materials of any kind sent to the Site or to AGB Company with reference to this Site or the use of the same, including all portions and specific sections thereof (collectively, “User Content”) will be deemed non-confidential and non-proprietary. We reserve the right to use such User Content without restriction, such as by storing, archiving, copying, reproducing, publishing, disseminating, distributing, displaying, modifying, translating, incorporating it into other materials, and commercially exploiting it in any way. AGB Company shall have the unrestricted right to use any ideas, concepts, know-how or techniques received from AGB Company as User Content for any purpose, such as to develop, produce and market products based thereon. , without this giving rise to any right for the user who sent, created and/or created such User Content to receive any compensation. In consideration of the foregoing, AGB Company therefore invites you not to send us through the Site any content, element or information that may fall within the aforementioned categories and that you consider confidential or proprietary.
6) THIRD PARTY CONTENT
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages operated by third parties (“Third Party Content”). AGB Company has no control or monitoring over Third Party Content and therefore assumes no responsibility for the accuracy, safety or reliability of Third Party Content and cannot and does not guarantee that such Third Party Content is free of of viruses or other features capable of damaging user data and/or property. Any links or references to Third Party Content linked to the Site do not represent and cannot be interpreted in any way as an approval by AGB Company of the Third Party Content which is the subject of the related link or reference. Access to any Third Party Content is done at your own risk and AGB Company accepts no liability to you for any loss or damage you may incur (including for example any loss or damage to your computer equipment, hardware or your computer software) arising out of or in connection with your access to, use of, or reliance on any Third Party Content or which is caused by or in connection with any purchase of products or services made available on the Third Party Content. In case of access, in any form or manner and for any purpose, to such Third Party Content, AGB Company invites you to immediately read the terms and conditions of use regulating their use.
You acknowledge and agree that your use of the Site is at your sole risk and that you assume full and exclusive responsibility for your use of the Site and Third Party Content. AGB Company takes all necessary measures to reduce as much as reasonably possible the risk that the Site and the Contents contain viruses and defects. However, AGB Company cannot guarantee that, when you access or use the Site and/or the Contents, your IT equipment, your computer hardware or software, and the data generated or stored by your equipment information technology, your computer hardware or software will not be damaged, lost or otherwise adversely affected. You are responsible for providing the technological, IT and telecommunications means necessary to access the Site, as well as acquiring the skills necessary to access and use the Site and the AGB Company Contents, and to bear the related costs and expenses. Further, AGB Company disclaims any warranty that the Site, including related AGB Company Content, services and features, will be uninterrupted, that any defects therein will be corrected, or that your use of the Site will produce any specific results. . The Site and the Contents are provided on an "as is" and "as available" basis. In addition to the foregoing, AGB Company disclaims all warranties, express or implied, including any warranties of accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.
8) YOUR USE OF THE SITE
You acknowledge and agree that you may not, and may not, permit any third party to, or assist any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, publicly display, encode, translate, modify the Site or the AGB Company Content, create derivative works from the Site or the Content, sell, license or otherwise distribute, in all or part of the Site or the AGB Company Contents, for example through mirroring, framing or linking mechanisms that refer in any way to computers, servers, third-party sites;
(b) access or use the Site or the PoloClubStMartin Contents for any commercial purpose, including any advertising or revenue-generating activity of an advertising nature on your and/or third-party sites, platforms or online spaces;
(c) use any automatic or manual process to access, acquire, consult, copy, query or monitor the Site, the AGB Company Content or parts thereof, and/or to reproduce in any way the structure or appearance of the Site or the AGB Company Contents and/or to circumvent any copy protection device, to gain possession or attempt to gain possession of any material, document or information made available not for this purpose on the Site, such as for example the deep-linking, page-scraping, robot, or spider mechanisms;
(d) access or attempt to access any portion, section or feature of the Site, as well as any other systems or networks connected to the Site or any AGB Company server to which you are not permitted to access, through hacking, password mining or any other illicit technology or means;
(e) scan or test the vulnerability of the Site or any other computer or computer network connected to the Site;
(f) violate the protection, security or authentication measures on the Site;
(g) engage in reverse look-up, tracking or attempted tracking of any information relating to other users, visitors to the Site or any other customer, or similar activities;
(i) carry out any activity that places an unreasonable or disproportionately large load on the infrastructure of the Site or any system or network connected to the Site.
(l) use any device, software, mechanism or other technology to interfere or attempt to interfere with the proper working of the Site, with any operation that the Site is carrying out or with the use of the Site by any person.