The purpose of these General Terms and Conditions of Sale (hereinafter, the General Terms and Conditions) is to regulate the purchase of products and services, made at a distance and made available, via the Internet network, from the site Captain-arm-bands.com (hereinafter, the site).
The products made available by the site consist mainly of captain’s armbands, shin guards, sports and leisure items; the services made available by the site are those related to the sale of the aforementioned products. All products and services offered are detailed on the home page of the site (Captain-arm-bands.com) within the respective sections, separated by product category.
The owner of the site is Teamecommerce s.r.l., with registered office in Via Roma n.50/R, 24060 Credaro (BG), P.I. 03948390160, registered with the Companies’ Register of Bergamo.
All purchases of products and services made through the site (hereinafter, the Purchase Agreements) by users who access it (hereinafter, the Customers) are governed by the General Conditions as well as by the other provisions and operating instructions contained in the site. In the event of any conflict between what is set forth in the aforementioned provisions and operating instructions and what is contained in the General Conditions, the latter shall prevail.
Any transaction and/or payment condition possibly granted to the Customer in derogation of the General Conditions will be valid only if Teamecommerce s.r.l. has accepted said condition in derogation in writing.
The provisions set forth in these General Conditions apply indiscriminately to all Customers, except for those provisions for which the applicability to Consumer Customers only has been expressly provided. By “Consumer Customer” is meant a natural person who purchases the products or services offered by the site for purposes unrelated to any entrepreneurial or professional activity carried out; for the purposes of these General Conditions, it is presumed that a “Consumer Customer” is not that Customer who sends a proposal to purchase products or services while simultaneously entering his or her VAT number in the area of the site relating to the Customer’s personal data. Articles 50 to 63 of Legislative Decree no. 206/2005 also apply to Purchase Contracts entered into by Consumer Customers.
Teamecommerce s.r.l. invites each Customer to read carefully, before making each purchase transaction, the present General Conditions and, once the purchase procedure provided by the website is completed, to print them and keep a copy or save an electronic copy.
Teamecommerce s.r.l. may modify, at any time and without notice, the content of the General Conditions referred to herein. Any changes made will take effect from the date of publication on the website, as declared in the header of the General Conditions themselves.
Purchasing procedure
The Customer may purchase the products in the electronic catalog of Captain-arm-bands.com, detailed in the home page of the site (Captain-arm-bands.com) within the respective sections by product category, as described in the relevant information sheets contained in the site, respecting the technical access procedures illustrated therein. The publication of the products and services displayed on the site constitutes an invitation addressed to the Customer to formulate a contractual proposal for purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions.
The correct receipt of the Customer’s proposal is confirmed by Captain-arm-bands.com by means of an automatic response sent to the email address provided by the Customer. The response of Captain-arm-bands.com is generated automatically by the system of the site and only confirms the correct receipt of the proposal within the information systems. This confirmation message will indicate a ‘Customer Order Number’, to be used in any subsequent communication with Captain-arm-bands.com. The message will re-propose, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections.
Each order can be viewed by the Customer on the site, in their personal area, immediately after the order is placed.
Each Purchase Contract stipulated between Teamecommerce Srl and the Customer must be considered concluded with the acceptance of the order by Teamecommerce Srl. Teamecommerce Srl has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in case of non-acceptance of the order itself. Acceptance by Teamecommerce Srl is considered tacitly released, unless otherwise communicated to the Customer within 48 hours of sending the order, by means of an email message sent to the address provided by the Customer.
By sending the order, in the various ways provided by the operating instructions of the site, the Customer declares that he has read all the information provided to him during the purchase process, and fully accepts the General Conditions and payment described below. Product prices – delivery costs – product availability.
All product prices are clearly indicated on the site and are inclusive of VAT only. They do not include any additional and different fees, taxes or duties arranged by the relevant applicable legislations, such as those provided for in connection with imports. To the extent necessary, the Customer shall therefore arrange for customs clearance of imports and payment of any duties and taxes (other than VAT) that may be due in the country of importation.
If a product is presented on the site in areas other than the appropriate sections intended for product purchase transactions or otherwise without an “add to cart” icon, it is considered unavailable for sale through the site.
Prices and availability of products, as shown on the site, are subject to change at any time and without notice, it being understood that, limited to orders being accepted or as above accepted by Captain-arm-bands.com the conditions of sale in force at the time the order is sent by the Customer shall apply.
The site highlights the products available for shipment. This availability of products is not updated in real time, moreover, in view of the possible simultaneous access to the site of many users, the actual availability of individual products may vary significantly during the same day than the indications given on the site Captain-arm-bands.com does not assume any commitment or guarantee the certainty of immediate fulfillment of the delivery of products purchased and indicated as available on the site and therefore it will not be in any case responsible for any delays in delivery.
If the delivery time of the ordered product is delayed compared to the delivery time indicated on the site before the order, Captain-arm-bands.com undertakes to promptly notify the Customer by an e-mail message to the address indicated by the Customer.
The cost of each shipment, the amount of which may vary depending on the method of delivery and payment as well as the country of destination and the total amount of the order, is added to the total price of each Purchase Agreement and is clearly indicated and communicated to the Customer, through the site, before the conclusion of the Purchase Agreement; the aforementioned shipping cost will also be specified in the Customer’s personal area until the order is processed.
The visual representation of the products on the website, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Teamecommerce s.r.l. regarding the exact correspondence of the image depicted on the website with the actual product; and this, with particular regard to its actual dimensions and/or the chromatic aspects of the covers and/or packaging.
Captain-arm-bands.com reserves the right to use your custom graphics for promotional purposes.
Terms of payment
Payment terms: by Paypal, by bank transfer in advance, cash on delivery, credit card, prepaid cards.
Nothing more than what is agreed in the Purchase Agreement will be due from the Customer to the courier upon delivery of the products.
In the event of non-payment by the Customer of the agreed price, for whatever reason or cause, Teamecommerce Srl will invite the Customer in writing to pay the balance and will have the right to charge the Customer a late payment interest in an amount equal to the amount provided by law; in this case, until such time as the Customer has regularized its debt position with Teamecommerce Srl, the latter also reserves the right to cancel any subsequent product deliveries, to terminate any existing Purchase Contracts as well as to block the purchasing functions through the website, without prejudice to compensation for any further damage.
Delivery and payment
All product deliveries will be at the risk of Teamecommerce Srl. The risk will transfer to Customer upon delivery of the products to Customer by the shipper, carrier or other agent engaged by Teamecommerce Srl for delivery.
No responsibility, for any reason whatsoever, can be charged by the Customer to Teamecommerce Srl in case of delay in the fulfillment of the order or in the delivery of the products covered by the Purchase Contracts.
For each Purchase Contract finalized through the website, Teamecommerce Srl will issue a delivery voucher or, for those Customers (non-consumers) who have and have entered their VAT number in the master data related to the order, an invoice related to the products that will be shipped. The purchase voucher or the invoice will be sent by Teamecommerce Srl to the email address indicated by the Customer holder of the order, pursuant to art 14 D.P.R. 445/2000 and DL 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order will be authentic. No change in the invoice will be possible after the issuance of the same nor will it be possible to issue an invoice after the order to Customers who have not provided their VAT number at the time of the order.
Unless otherwise communicated to the Customer by the Teamecommerce Srl Customer Service, delivery of products is intended to be at street level. At the time of product delivery by the courier appointed by Teamecommerce Srl, the Customer is required to check (a) that the number of packages being delivered corresponds to what is indicated in the transport document and (b) that the packaging is intact, undamaged or otherwise altered, even in the sealing materials.
Any damage to the packaging and / or products or the mismatch in the number of packages or indications must be immediately contested by the Customer, putting the words “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. In addition, the Customer undertakes to promptly report – and in any case no later than 8 (eight) days from the date of delivery – to Teamecommerce Srl (by sending a message via the“Contact” page or by email info@Captain-arm-bands.com any and all problems concerning the physical integrity, correspondence or completeness of the products received.
For the purpose of making the delivery of the ordered products, the presence of the Customer or his agent is always required at the place indicated by the Customer and on the day of scheduled delivery. In the absence of the customer, a notice is left by the courier with telephone contact of the delivery branch, the next day the courier, if contacted delivers the purchased products again without any charge, after 72 hours if not contacted, the products go into storage and an additional charge may be attributed to the customer by Teamecommerce Srl based on the amount of days of storage. A Teamecommerce Srl manager in this case, will contact said customer by phone or email. In case of unclaimed goods, Teamecommerce Srl will return the amount of the cost of the goods to the customer minus the shipping costs of both sending the products and returning them to Teamecommerce Srl.
Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible, or that cause a significant increase in the cost of delivery to be borne by Teamecommerce Srl will give Teamecommerce Srl the right to split, postpone or cancel, in whole or in part, the planned delivery or to terminate the Purchase Contract. In such cases, Teamecommerce Srl will provide timely and adequate communication of its determinations to the email address indicated by the Customer and the latter will have the right to a refund of any price already paid, excluding any further claim, for any reason, against Captain-arm-bands.com. If national holidays occur at the time of purchase and throughout the month of August, products may not be delivered by Teamecommerce Srl within the standard delivery period (3-5 working days).
Notes regarding deliveries to alternative addresses than the one specified for delivery, requests for deliveries during time slots specified by you, and requests such as being contacted by telephone prior to delivery will not be accepted. Should these requests still be entered in the notes field, they will not be considered.
Regarding the free delivery mode, which is established by Teamecommerce Srl exceeded a spending limit imposed by the same, it means only delivery to the ground floor; in fact, if the delivery is made by the courier to any floor other than the ground floor Teamecommerce s.r.l. will apply to the shipment a delivery surcharge to the floor. Free delivery does not apply to foreign shipments, in fact for the latter a specific quote will be made according to the country of delivery.
Right of withdrawal
Pursuant to Art. 59 paragraph 1 letter a) and c) of the Consumer Code, Legislative Decree 206/2005 as amended and supplemented, the right of withdrawal is excluded for customized products as the full performance of the service is immediate and the goods are made and customized based on the User’s prescriptions. Teamecommerce Srl recognizes the right of withdrawal only for non-personalized products, as provided by current regulations. The deadline for availing of this right is 10 working days as required by law, starting from the moment the goods are received at home. By that date, the customer is required to download and send the withdrawal form. Together with sending the form, the customer is required to send, by courier, the goods, arranging them in suitable packaging so as to ensure the integrity of the goods during transport. Such packaging, as with the written notice, must be sent within 10 days of receipt of the purchased goods, print address to which to send the returned goods and apply to the returned package. Within 14 days of receipt of the withdrawal form and the goods, Teamecommerce s.r.l. will make the credit transfer for the exact amount that the customer has paid for the purchase of the ordered goods (including any shipping costs) to the coordinates communicated to us by the customer. The only expense that the customer must incur then, to make use of the right of withdrawal, are the courier’s transportation costs for sending the goods to our premises. The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and packages), kept and possibly used according to normal diligence, without any signs of wear or dirt.
Warranties in case of defective product
Until the term of two years from the delivery of the products, Teamecommerce Srl is liable to Consumer Customers, in accordance with Articles 130 and 132 of Legislative Decree 206/2005, for any lack of conformity of the products existing at the time of delivery, with particular regard to products found to be defective or damaged.
The Customer Consumer forfeits the rights granted to him by Article 130, paragraph 2 of Legislative Decree 206/2005 if he does not report to Captain-arm-bands.com the lack of conformity detected within two months from the date on which he discovered the defect.
Teamecommerce Srl will make every diligent effort to replace at its own care and expense, with other products of the same quality and title available at its warehouses, those delivered products that are damaged or defective, provided that the same have been returned by the Customer in their original packaging (complete with all parts that compose it). If replacement with the same product is not possible (for example, due to the product going out of stock), Teamecommerce s.r.l. will refund the Customer the amount paid for the product found to be defective, excluding any further responsibility of Teamecommerce s.r.l. for any reason.
Communications, complaints and disputes
All communications or any claims of the Customer against Teamecommerce s.r.l. regarding the Purchase Contracts should be addressed to the e mail address info@teamecommerce.com
The company Teamecommerce Ltd. informs the user who holds the status of consumer referred to in Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/main/?event=main.home.show; through the ODR platform the consumer user will be able to consult the list of ADR entities, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
Intellectual Property Rights
All trademarks (registered or unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Website remain the exclusive property of Teamecommerce Srl and/or its assignors, without the Customer deriving any right to them from access to the Website and/or the stipulation of Purchase Contracts. Any use, even partial, of them is prohibited without the prior written authorization of Teamecommerce Srl in whose favor all related rights are reserved, exclusively. The customer, user of the online customization services, assumes all responsibility for the use of the images, logos and wording sent for customization; in particular, he declares himself aware at the very moment of purchase, that Teamecommerce will not carry out any investigation or in-depth analysis to verify whether the customer meets the legal requirements for the use of the same. Teamecommerce reserves the right to use the images provided by the customer at the time of customization for promotional and advertising purposes. The customer may at any time before and after the purchase request that such photographs, text or images not be disclosed by sending an email to info@Captain-arm-bands.com, or by contacting us through the form on the site or by phone on 035.4491296. Teamecommerce will not publish information and images related to minors or information that may lead back to the identification of an individual person and their sensitive data. Teamecommerce assumes no responsibility for any publications on its website, its social networks, or those of customers of photographs of material customized by customers with logos images photos and writings covered by rights. If there is a dispute, Teamecommerce reserves the right to republish from its channels the disputed content.
Applicable law | place of jurisdiction
The Purchase Contract between the Customer and Teamecommerce Srl is concluded in Italy and governed by Italian Law.
For any dispute will be exclusively competent the Judicial Authority of Bergamo, with the exception of disputes with Consumer Customers that will instead be the competence of the Judicial Authority of the place of residence or domicile of the Consumer Customer.
Processing of personal data
Customer data are processed by Teamecommerce Ltd. in accordance with the provisions of the legislation on the protection of personal data, as specified in theinformation provided on the site.
