Conditions of Sale

1.1 These general conditions of sale (“General Conditions of Sale" or “GCS”) govern the terms and conditions which apply to the online sale and purchase of products bearing the “CHAMPION” trademark and its sub-trademarks (the “Products”), which are offered and sold by T-DATA S.r.l., in its professional capacity as per art. 3, lett. c) of the Consumer Code. This Code is available on www.championstore.com (the “Website”) in accordance with applicable regulations governing distance contracts. 

1.2 Each contract for the sale and purchase of products on the Website between the user and T-Data S.r.l. comprises the GCS and each purchase order. 

1.3 The Website belongs to Champion Europe S.r.l Via dell’Agricoltura 51, 41012 Carpi (Modena), Italy – Tax Code 02710320363.

1.4 Champion Europe S.r.l. is also the owner of the domain name "championstore.com" as well as the provider of registration on the Website.

1.5 All content on the Website is copyrighted, and the relative copyrights are owned by Champion Europe S.r.l.. The Website may not be reproduced, either wholly or in part, transferred by computerised, conventional, modified, linked and utilised means, particularly for commercial purposes, without the prior written consent of Champion Europe S.r.l..

1.6 Before placing an order, you are required to carefully read and accept the Conditions of Sale, Right of Withdrawal Policy and Privacy Policy.

1.7 Please read the Champion Europe S.r.l. Privacy Policy in order to understand how Champion Europe S.r.l. collects and uses personal data of users of the online store.

2.1. Products purchased on the Website are offered and sold by T-Data s.r.l. Via Strasburgo, 31, 41011 – Campogalliano (Modena), tax code, VAT no. and Modena Business register no.: 03854490368, in its capacity as professional entity, also in accordance with art. 3, lett. c) of the Consumer Code. Please refer to Article 4 below for the details of the professional. 

2.2. T-Data S.r.l. offers “CHAMPION”-branded Products (the “Products”) for sale on the Website with the authorisation of Champion Europe S.r.l.. T-DATA S.r.l. hereby declares that it is authorised by Champion Europe S.r.l. to sell “Champion”-branded products in keeping with these GCS. 

2.3. T-Data S.r.l. is the sole counterparty of users who intend to purchase one or more Products through the Website, and is therefore (i) the subject to whom users address their orders for the offer to be accepted and the sales contract concluded; (ii) the subject who assumes the pre-contractual obligations resulting from the offer towards the user (iii) the party that concludes the contract of sale with the user, assuming the relevant obligations and rights; (iv) the party that provides the user with all the pre- and post-sales assistance set out in the GCS, and that handles returns and replacements of Products.

2.4. The purchase contract entered into via the Website is accordingly concluded between the user and T-Data S.r.l.

2.5. In relation to the sale of products through the Website, and in communications with customers regarding purchases made through the Website ("transactional e-mails"), T-Data S.r.l. uses (and is authorised to do so by Champion Europe S.r.l.) the Trademark. It is in any case understood that the professional is T-DATA S.r.l. to all intents and purposes of the relationship for selling the Products to the user. 

3.1. The General Terms and Conditions of Sale are made available to the user via the "General Conditions of Sale" section of the Website, which can be accessed via the link (of the same name) in the Website footer. The user is permitted to store and reproduce them. 
3.2.  These GCS may be amended at any time in order to offer new products or services, or to comply with legal or regulatory provisions.
 Any amendments and/or new conditions will be in force from the moment they are published on the Website in the "General Conditions of Sale” section, which can be consulted via the link (of the same name) in the Website footer. Users are therefore invited to visit the Website regularly and consult the most up-to-date version of the GCS before making any purchase. 

3.3. The applicable GCS are those in force on the date on which the purchase order is submitted. Before sending the order and, therefore, concluding the purchase contract, users must carefully read the GCS in force together with all the information that T-Data S.r.l. provides them through the Website, both before and during the purchase process.

3.4. These General Conditions of Sale do not regulate the sale of Products by parties other than T-Data S.r.l. that may be present on the Website through links, banners or other hypertext links. Please check their own terms and conditions of sale before entering into commercial transactions with such parties. T-Data S.r.l. is not responsible for the provision of services and/or the sale of Products by such parties. T-Data S.r.l. does not carry out any checks and/or monitoring of websites that can be accessed via said links. T-Data S.r.l. is accordingly not responsible for the contents of such websites, nor for any errors and/or omissions and/or breaches of law on their part.

3.5. Access to the Website and purchases of Products through the Website is permitted to all users, regardless of their nationality, place of residence or place of establishment, provided, if they are natural persons, that they are at least 18 years of age.

3.6.  When users ask to visit a Website for the first time, pursuant to Article 3 of the EU Regulation 2018/302 of the European Parliament and Council dated 28 February 2018 (so-called. Geoblocking Regulation), users will be able to select the Website they intend to visit or, alternatively, consent to redirection to the Website corresponding to the State from which the user is requesting access, if available.

4.1 For any information, assistance or details about online purchases, warranties, withdrawal or other issues, users can contact the customer service department of T-DATA SRL (“T-DATA”):

• Via Live Chat on www.championstore.com
• Via e-mail at championstore@t-data.it
• Via telephone, by calling +49 21117607342

5.1 Regardless of their need to place an order or otherwise, users shall have the option of creating their own personal account. Users will be responsible for maintaining the confidentiality of passwords, and preventing third party access to that password. Users also agree to be responsible for any activity and any purchase that is made through the use of their account.
5.2 The registration service is provided by Champion Europe S.r.l..

5.3 Registration to the Website is free of charge. To register on the Website, users must fill in the appropriate online form, enter their first name, surname, an e-mail address, a password, date of birth, and click on the "Register" button. Registration will be confirmed to the user via e-mail.
   
5.4 Users guarantee that the personal data provided during the registration procedure and/or during the purchase and/or at any other time, are complete, true and refer to the users themselves, and undertake to hold Champion Europe S.r.l. and T-Data S.r.l. harmless and indemnified from any damage, indemnity obligation and/or penalty deriving from and/or in any way connected to the user’s breach of the guarantees set out in this article 5, and/or the breach of the rules on registration, purchases made on the Website and/or the storage of registration credentials.

6.1. In compliance with Legislative Decree No. 70 of 9 April 2003, which sets out e-commerce provisions, T-Data S.r.l. informs users that:

1. in order to conclude the contract for the purchase of one or more products on the Website, users must fill in an online order form and send it to T-Data S.r.l. online, following the instructions that are displayed on the Website on each occasion (Checkout);
2. before submitting the order form, users will be able to identify and correct any errors in the billing and shipping data by following the instructions on the Website
3. once the order form has been registered and confirmation has been received of successful payment with the payment method used, T-Data S.r.l. will send users via the Website (to the e-mail address provided) an order confirmation containing: information on the basic characteristics of the Product purchased, details of the price, payment means used, delivery costs and any additional charges applied to the order, as well as standard instructions on withdrawing from the order, as per Article 15 below;
4. the order form will be filed in T-Data S.r.l.'s database for the time necessary for its execution and, in any case, within the terms of the law.

The key elements of the order form will be provided in the order confirmation. Registered users may also access their order form by consulting the "My Orders" section of the Account.  

6.2. In relation to the language options of the Website, T-Data S.r.l. Declares that:

• the languages available to users for concluding the contract are: Italian, English, French, German, Spanish;
• transactional e-mails will be sent in Italian, English, French, German, Spanish;
• Customer Service is able to communicate with users by e-mail and Live chat in Italian, English, French, German, Spanish; ‘spoken’ customer service is available in Italian and English.

7.1. The products that can be purchased via the Website are the items in the online catalogue published on the Website, which can be viewed at the time of the order being placed. 

7.2. Each product is accompanied by an information page setting out its main characteristics ("Product Page"). The Product Page contains information on the availability of the Product, the terms and conditions for exercising the right to withdraw (known  as Product "returns") and on additional guarantees provided by the trader.     

7.3. The availability of Products is continuously monitored and updated. However, since the Website can be visited by multiple users at the same time, several users can potentially purchase the same Product at the same time. In such cases, the Product may appear available, but may actually be out of stock or not immediately available. As a result, it may be necessary to wait for the product to come back into stock.

7.4. Should the Product no longer be available for the reasons indicated above, or in other cases of Product unavailability, without prejudice to the rights of users recognised by law, and in particular by articles 1453 to 1469-bis of the Italian Civil Code, T-Data S.r.l. will immediately inform the user by e-mail. The user will then be entitled to terminate the contract with immediate effect, without prejudice to the right to seek compensation for damages, pursuant to and in accordance with the provisions of Article 61, paragraphs 4 and 5 of the Consumer Code, by notifying T-Data S.r.l. in the manner and to the addresses indicated in Article 4 above. If the user makes use of the right of termination provided for by these regulations, or if the user, although notified by T-Data S.r.l., does not exercise this right, the contract will be terminated, without affecting the rights attributed to the user by law. Without prejudice to the user's right to compensation for damages, T-Data will refund the total amount due without undue delay via the banking system. This amount consists of the price of the Product, the delivery costs, if any, and any other additional costs resulting from the order ("Total Amount Due") involved in payment. The user will be informed via e-mail of the Total Amount Due and of the termination of the contract. 

7.5. Where an order is placed for more than one Product ("Multiple Order"), if only some of the Products of the Multiple Order are unavailable - without prejudice to the user's legal rights, and, in particular, articles 1453 to 1469-bis of the Italian Civil Code, and subject to the application of Art. 7.4 above, should the unavailability concern all the Products ordered - T-Data S.r.l. will immediately inform the user via e-mail. The user will then be entitled to terminate the contract with immediate effect, solely in relation to the Products that have become unavailable, without prejudice to the right to seek compensation for damages, pursuant to and in accordance with the provisions of Article 61, paragraphs 4 and 5 of the Consumer Code, by notifying T-Data S.r.l. in the manner and to the addresses indicated in Article 4 below. If the user exercises the right of termination provided for by these regulations, or if the user, despite being informed by T-Data S.r.l., does not exercise this right, the contract shall in part be terminated solely in relation to these Products, with the consequent request, without undue delay and in any case within 15 working days from submitting the order, to receive a refund for the partial amount due, consisting of the price of these Products and any other additional cost relating to them as per the order ("Partial Amount Due"). The user will be informed of the termination of the Contract and the Partial Amount Owed via e-mail.  Users should note that, in the event of the partial termination of a Multiple Order, the delivery cost will not be refunded as it is charged in respect of delivery of the available products, as set out in art. 14.5 below.  
7.6. T-Data S.r.l. informs users that the timing of the refund of the Total Amount Due or Partial Amount Due depends solely on the issuer of the credit card and/or payment instrument used.

8.1 All prices of Products shown on the Website are quoted in the local currency of the selected country.

8.2 The prices of the Products include VAT and any other taxes (if applicable) and do NOT include shipping and handling charges, and costs for additional services that will be highlighted in the Product details.

8.3 Shipping and handling charges and the relevant VAT or other applicable taxes will be available in the order confirmation e-mail and can be viewed in a summary displayed before the order is completed. Shipping costs depend on the shipping method chosen when placing the order.

8.4 The prices applied are those indicated on the Website when the user places the purchase order.

8.5 T-Data S.r.l. reserves the right to change the prices of the Products, shipping costs and charges for additional services without notice. Before submitting purchase orders, Users are asked to check the final price indicated in the Product details.

8.6 Any new prices, shipping costs and charges for additional services will only apply to purchase orders received after the new rates have been published on the Website.

8.7 T-Data S.r.l. checks to ensure the prices on its Website are correct, but cannot, however, guarantee that they will be completely error-free. If an error is found in a Product price, T-Data S.r.l. will contact the user at the e-mail address provided to give him/her the possibility to confirm the order of the Product at its correct price, or to cancel it.

9.1. Ownership of the Products is transferred to the user when the Product is delivered to the user. The risk of loss or damage to the Products, due to causes not attributable to T-Data S.r.l., will be transferred to the user when the user, or a third party appointed by the user other than the carrier, physically takes possession of the Products following their delivery. The "Shipment" (i.e., delivery of the Product to the carrier by T-DATA S.r.l.) will be made as per the provisions of Article 9.1 above, and only once confirmation of successful payment of the Total Amount Due has been received.

9.3 In order to purchase Products, users must:

1. have read and accepted these General Conditions of Sale;
2. provide their name, address, date of birth, telephone number, e-mail address, payment method details and other information that may be required;
3. provide a delivery address (Note: no delivery to PO boxes, foreign military bases, hotels, hostels or prisons etc.)
4. be the legitimate owner, holder or user of any credit card used to purchase the Products, and ensure that the credit card is valid and has not expired.

9.4 Users can make purchases by following the instructions on the Website.

9.5 Before placing an order, users must carefully read and accept the GCS, Right of Withdrawal Policy and Privacy Policy. 

9.6 In order to purchase Products, users must add Products to the "shopping cart", having first read and accepted the Conditions of Sale, particularly with regards to delivery costs, potential costs for additional services and the Right of Withdrawal policy, including information on the exclusion of the Right of Withdrawal for custom-made Products or promotions. Users must also select the desired payment method.

9.7 Before submitting the purchase order, users will be asked to identify and correct any data entry errors.9.8 All purchase orders submitted to T-Data must be complete, and must include the information needed to identify the User exactly, as well as the ordered Products and place of their delivery.
It is absolutely forbidden for users to enter false and/or invented and/or fictitious data in the purchase procedure.
The personal data and the e-mail address must be solely the user's own personal data, and may not be data of third parties, or invented data.

9.9 The purchase order sent to T-Data is considered the User's contractual proposal expressed online. It contains information on the main characteristics of each Product ordered, its price, payment means, delivery method, shipping costs and any additional charges.9.10 By submitting a purchase order, the User accepts the General Conditions of Sale and confirms that he/she is aware of and accepts the further information contained on the Website, including information referred to through links and the General Conditions of Sale, Privacy Policy and Right of Withdrawal.

9.11 On receiving the purchase order, T-Data S.r.l. automatically sends an order confirmation e-mail to the e-mail address provided by the User. This does NOT constitute acceptance of the purchase order, but merely confirms that the order has been received, the data provided verified and that the requested Products are available.9.12 T-Data S.r.l. endeavours to ensure the Products on the Website are available. This commitment is based on the principles of "first in - first out" and available stock.

9.13 The online sales contract is deemed concluded and binding for both parties when the User receives e-mail confirmation from the Website that the order has been accepted.    

9.14 The User must immediately check the content of this notification, and promptly inform T-Data S.r.l. of any errors or omissions by sending an e-mail to T-Data S.r.l. Customer Service as indicated in article 4 above.

9.15 Notwithstanding the above, any purchase orders submitted by users will be considered invalid and ineffective, and will be rejected by T-Data S.r.l., if the latter has reasonable, well-founded grounds to believe that the users:

1. do not intend to purchase the Products for personal purposes, but instead for purposes related to their own or other people’s businesses or professions. In fact, all purchase orders made must be appropriate for ordinary consumption needs. This applies both in relation to the number of Products bought in a single purchase order, and to multiple orders for the same Product, even if each purchase order includes a quantity of Products corresponding to normal consumption needs
2. use false or fictitious names in the purchase procedure, in breach of the provisions of this Article 9. In such cases, the online sales contract will be deemed to be unfulfilled; T-Data S.r.l. then sends users an e-mail informing them that the purchase order has not been accepted, and that the contract has not been concluded. In so doing, it cancels any possible charges and/or expenses of the user.

9.16 Once the online purchase procedure has been concluded, users must ensure they keep the purchase order, order confirmation and General Conditions of Sale; moreover, they must have already viewed and accepted the above as a compulsory step of the purchase, and checked the specifications of the Product purchased. These documents are sent to the user via e-mail.

9.17 Each purchase order sent will be filed in the T-Data S.r.l. database.
 Users may see their purchase orders at any time to monitor their status. To do so, they should visit the Website, log in to the "my orders" section and enter the code received in the confirmation e-mail in the appropriate space. They may also obtain information on their purchase order by contacting T-DATA Customer Service as described in article 4 above.

9.18 The purchase order, order confirmation and the GCS are stored electronically by T-Data S.r.l. in its computer systems. Users may - subject to receiving the aforementioned documents by e-mail - request a copy by contacting T-DATA Customer Service as indicated in Article 4 above.

10.1 Payments for purchase orders must be authorised. Authorisation will be issued when T-Data S.r.l. sends the confirmation e-mail.10.1bis Confidential data entered during the payment process (credit card number, cardholder, expiry date, security code) are acquired directly by the payment service provider.
 As a result, T-Data S.r.l. has no access to, and does not store, any payment data.

10.2 Users can make payments by:

1. Credit Card: We accept payment with major credit cards, and guarantee the security of transactions through a secure system and PCI DSS compliance.
    T-Data S.r.l. uses the secure payment service of Stripe Inc. The data exchange involves the use of the SSL security protocol. This payment method is available for all countries in which it is operative.
2. PayPal: Uses the PayPal online payment service to carry out transactions quickly and securely. If users choose PayPal as their means of payment, they will be redirected to the website www.paypal.it where they will pay for the Products in accordance with the procedure stipulated and regulated by PayPal, and the terms and conditions agreed by the user with PayPal.
3. Apple Pay and Google Pay: Payment for Products purchased on the Website can be made through ApplePay or GooglePay. T-Data S.r.l. uses Stripe for GooglePay and ApplePay payments. ApplePay or GooglePay will only be available during checkout if correctly configured on the user's device. If users opt to pay with ApplePay or GooglePay, they will be redirected to the Stripe payment platform. Payment for the Products will be made in keeping with the terms and conditions agreed by the user with ApplePay and GooglePay. This payment method is available for all countries in which it is operative.
4. Klarna: We offer the flexibility to pay with Klarna, allowing you to choose between instalment or cash on delivery payment options. For Klarna payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
5. Sofort: This option offers users immediate and secure payment via online bank transfer, making it easier to process orders. For Sofort payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
6. EPS: Austrian users can make direct, secure payments using EPS, which seamlessly links online transactions with their banks.  For EPS payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
7. iDeal: Dutch users can make use of iDeal for direct, secure payments through their online banks. For iDeal payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
8. Giropay: For German users, we provide support for Giropay, guaranteeing secure online transactions directly with their bank accounts.  For Giropay payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
9. Bancontact: This convenient option for Belgian users allows them to make payments straight from their own bank accounts.  For Bancontact payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.
10. Blik: Polish users can utilize Blik for safe and quick online transactions. For Blik payments, T-Data S.r.l. uses Stripe. This payment method is not available for all countries. It will only be displayed automatically among available options if the country selected by the user is supported.

10.3 In the event that, for any reason, the amounts payable by the user cannot be debited, T-Data S.r.l. will send notification that the purchase order has not been accepted to the e-mail address provided by the user. The purchase process is automatically cancelled, and the online sales contract shall be deemed unfulfilled.
Any eventual refund will be paid to the user via the same form of payment used for the order. If this is not possible, one of the methods proposed by T-Data S.r.l. and chosen by the user will be used.10.5 T-Data S.r.l. will send an e-mail notification once the refund has been made to the e-mail address indicated by the user in the purchase order.

11.1 For each purchase order, T-Data S.r.l. will issue the respective receipt based on the information provided by the user in the purchase order. 

11.2 The receipt will be sent to the user once payment has been received and the Products have been dispatched.

11.3 Invoices shall be issued solely and exclusively in the event they are required for customs purposes.

12.1 Products purchased through the Website may only be delivered to the delivery address specified by the user in the order form.

12.2 All users may access the Website and use it to make purchases, regardless of their nationality and/or place of residence and/or residence. It is understood, however, that the Products shall only be delivered to the country indicated on the Website; in particular, the country of delivery is clearly and specifically indicated on the home page and during the purchase process. 

12.3. The user must accordingly enter a shipping address in the order form - regardless of his/her nationality and/or place of residence and/or establishment- that is within the borders of the country of delivery and that does not correspond to a P.O. box or a post restante. Orders providing a shipping address which is not within the borders of the delivery country, or a shipping address that corresponds to a post office box or a poste restante, regardless of the nationality, place of residence and/or establishment of the user, will not be accepted and consequently not processed. 

12.4 Home Delivery is available subject to a fee. Shipping costs for Products, which may vary depending on the shipping method chosen, and any other additional charges, are therefore at your expense, unless otherwise indicated on the Product Page or elsewhere on the Websites. 
The specific amount of the shipping costs payable by the user for a given order is expressly and separately indicated (in the purchase currency and including VAT) in the order summary. The amount is in any case provided before the user sends the order, as well as in the order confirmation e-mail. T-Data S.r.l. reserves the right to modify the shipping costs, and even to offer free shipping, at any time and without prior notice, it being understood that the shipping costs applied to users will be those indicated in the order summary before the user is bound by the contract. No increases or decreases will be taken into account once the order has been sent.

12.5 In the event of partial withdrawal from Multiple Orders and/or partial termination, for any reason whatsoever, of the purchase contract for Multiple Orders, the shipping costs will not be reimbursed as their amount does not depend on the number of Products ordered or their weight; they are instead calculated at a fixed amount regardless of the two factors described above. As a result, they may be charged for delivering Products other than those involved in the withdrawal and/or partial termination. Delivery costs will, on the other hand, be refunded if the withdrawal or termination concerns all of the Products covered by the Multiple Order. 

12.6 If the user makes a partial withdrawal from multiple orders and/or a partial termination of the purchase contract relating to multiple orders for reasons beyond the control of T-Data S.r.l. and, as a result of the withdrawal or partial termination, the partial amount due falls below the threshold that would have allowed the user to benefit from free shipping, users will be charged the shipping costs they would have incurred if shipping had not been free; these costs will be deducted from the amount refunded, calculated based on the charges stipulated on the "Shipping" page. This page can be accessed via the “Shipping” link in the Website footer, and in the "Shipping and Returns" box on the product page.

12.6bis The conditions under which T-Data S.r.l. undertakes to deliver the Products in the User's order will be set out in the order summary and/or, in any case, during the purchase process, before the User submits the order. The conditions will take into account the zone and delivery method used, as well as the possibility that the user purchases more than one Product in the same order ("Delivery Conditions"), as indicated on the "Shipping" page and in the "Shipping and Returns" box on the Product page. The Delivery Schedule commences on the business day following fulfilment of the contract (i.e. Confirmation that the order has been accepted), unless otherwise specified. The delivery obligation is fulfilled when the actual disposal or control of the Products is transferred to the User.
 Delivery schedules are calculated based on working days only, and do not include Saturdays, Sundays and all national holidays in Italy.

12.6ter Delivery to the address indicated by the user in accordance with the previous articles is understood to be at street level, unless otherwise specified on the Product page. Delivery is made from Monday to Friday during normal working hours (from 9.00 to 18.00), excluding national holidays in Italy and the country of delivery. 

12.7 When the Products purchased are handed over to the carrier, you will receive an e-mail confirming that the Products have been handed over to the carrier and instructions on how to track the shipment (tracking). 

12.8 The user acknowledges that collection of the Product is his/her specific duty under the contract of sale. In the event of non-delivery due to the absence of the recipient at the address indicated on the order form, the carrier will leave a notice ("Attempted Delivery") for the recipient. The courier will then make a second delivery attempt the following day. After two unsuccessful delivery attempts, the package will then be held by the courier. The courier will then notify T-Data S.r.l., whose Customer Service department will attempt to contact the user in order to release the parcel (for example, by agreeing on a new delivery attempt). If, after 10 working days from the second day after the day on which the Attempted Delivery note was left, it still has not proven possible to deliver the goods, for any reason not attributable to T-Data S.r.l., (e.g.: attempted contact and/or further delivery attempt unsuccessful), the purchase contract will be considered terminated by law in accordance with and to the effects of art. 1456 of the Italian Civil Code. As a result, a refund of the Total Amount Due will be made within 15 working days of termination of the contract, minus Shipping Costs (as delivery was not successful due to a cause attributable to the user), storage costs, charges for returning the Product to T-Data S.r.l. and any other expenses incurred as a result of non-delivery due to the absence of the addressee. The delivery procedure, the terms for handling non-delivery due to the recipient's absence and the consequences thereof will be outlined to the user in the e-mail confirming shipment. 

12.9 If the purchased Product is not delivered, or is delivered later than the Delivery Schedule specified during the purchase process and in the order confirmation, T-Data undertakes to deliver the Product within an additional period of 30 days, according to Article 61 of the Consumer Code ("Additional Period as per Art. 61, Paragraph 3, Consumer Code"). 
If this additional period elapses without the Products being delivered, the user may ask T-Data S.r.l. in writing (sent to the addresses in Article 4 above) to make the delivery within a further specified period; if this additional period also elapses without result, the user is entitled to terminate the contract ("Contract Termination per Art. 61, Paragraph 3, Consumer Code"), without prejudice to the right to seek compensation for damages, by writing to the addresses provided in Article 4 above. 
The Additional Period as per Art. 61, Paragraph 3 of the Consumer Code is not required ("Excluded Cases") if: a) T-Data S.r.l. has expressly refused to deliver the Products; b) adherence to the Delivery Terms is considered essential, taking into account all the circumstances involved in concluding the contract; c) the user informed T-Data S.r.l before concluding the contract that delivery by or on a specific date was essential. In the Excluded Cases, if the user does not receive the Products within the Delivery Period, he/she is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of Contract in Excluded Cases"). In the case of Contract Termination as per Article 61, paragraph III, of the Consumer Code, or Termination in Excluded Cases, T-Data S.r.l. will refund the user the Total Amount Due without undue delay, and, in any case, no later than 15 working days from the termination of the contract, by re-crediting the same means of payment used for the initial transaction.

12.10  It is up to the user to check the condition of the Product delivered to him/her. Notwithstanding the fact that the risk of loss or damage to the Products for causes not attributable to T-Data S.r.l. is transferred to the user when the user, or a third party appointed by the same and different from the carrier, actually takes possession of the Products, we recommend that the user checks the number of Products received and ensures the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape). It is also in the user's own interest to notify any anomalies on the carrier's transport document, and accept the package with reservation. Receipt of the Products without reservation does not allow the user to take legal action against the courier in the event of loss or damage to the Products, except where the loss or damage is due to wilful misconduct or gross negligence on the part of the courier, and except for partial loss or damage not recognised at the time of delivery, provided that in the latter case, the damage is reported as soon as the user becomes aware of it, and no later than eight days after receiving the products. If the packaging shows obvious signs of tampering or alteration, the user is also advised to notify Customer Services immediately. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.

13.1 Users are invited to read the statement on the Right to Withdrawal on the “Returns” page carefully.   Pursuant to Articles 52 et seq. of the Consumer Code, users who are consumers have the right to withdraw from the Product purchase contract without having to provide any reasons, and without having to bear any costs other than those specified, within 30 calendar days ('Withdrawal Period'), starting:

1. in the case of an order involving a single Product, from the day on which the user or third party other than the carrier and designated by the user, acquires physical possession of the Products
2. in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last lot or piece.

13.2 In order to exercise the right of withdrawal, users must follow the instructions on the “Returns” page scrupulously. The Deadline for returns is respected if the user returns the Products before the thirty-day period expires.  The suitably protected and packaged Product must be returned to this address: T-Data_CH asset 2, Via Strasburgo 31, 41011 Campogalliano (Modena), Italy by handing over the package at the closest service point, using the pre-printed returns label provided. 

13.3 Returned products must not have been used. They must be intact and in good condition, including all labels.  The user is liable for any reduction in the value of the Products resulting from handling the goods other than in such a way as is necessary to determine their nature, characteristics and functioning.

13.4  The Products, together with their official Packaging, must be sent to T-Data S.r.l. in a single shipment. T-Data S.r.l. Reserves the right to refuse Products from a single order which are returned and sent at different times. 

13.5 The Products, if already shipped, must be returned without undue delay and in any case within 30 days from when the user receives confirmation of the return from T-Data S.r.l..

13.8 Direct costs incurred in returning the Products will be borne by T-Data S.r.l., excluding any customs fees. We would kindly ask users to insert the “Returns Form” in the package, as per the instructions on the “Returns” page. 

13.9 Users must ensure they have a shipment number to allow the shipment to be tracked when they send the Products. T-Data S.r.l. shall not be held liable for refunds or compensation related to Products and Official Packaging shipped by the User but never received by T-Data S.r.l. due to loss, theft or damage not attributable to T-Data S.r.l..

13.10 If the user withdraws from the contract, T-Data S.r.l. will refund the Total Amount Due or, in the case of Multiple Orders where the right of withdrawal has been only partially exercised, the Partial Amount Due, including, in the first case, the delivery costs, if applicable. The refund will be made without undue delay and in any case, no later than 14 calendar days from the day on which T-Data S.r.l. was informed of the User's decision to withdraw from the contract. Reimbursement shall be made using the same means of payment or payment solution adopted by the user for the initial transaction, unless the user has expressly agreed otherwise.

14.1 All products sold on the Websites are covered by the legal warranty of conformity provided for by Articles 128-135-vicies ter of the Consumer Code for defects that appear within two years from the date of delivery of the Product to the user ("Legal Warranty").

14.2 For any defects found at the time of delivery of the Products, the user has the right to have the Product restored to its proper condition free of charge through repair or replacement, or, if this is not possible (for any reason), to a reduction in the purchase price or to terminate the online sales Contract.

14.3 The user must report the defect within two months of becoming aware of it by sending an e-mail to Customer Service as described in Article 4 above, indicating the order code and problem encountered and enclosing, where possible, photos of the defect.

14.4 T-Data S.r.l. will contact the user to arrange for collection of the Product.

14.5 T-Data S.r.l. reserves the right to verify whether the reported defect exists, and to only repair or replace it after checks have been carried out.

14.6 If no defect is found, T-Data S.r.l. reserves the right to charge the user for the costs of the checks, repair and transport.14.7 For commercial manufacturing warranties, where applicable, the user is invited to carefully read the relevant certificates delivered with the Products. 

15.1 You may request information, send communications or make complaints by contacting customer service ("Customer Service") as indicated in Article 4 above.

15.2 T-Data S.r.l. will respond to complaints by e-mail or post within a maximum of [5] working days from receiving the request.

16.1 The purchase contract entered into through the Websites is governed by Italian law.

16.2 This is without prejudice to the application - to users who are not habitually resident in Italy - of any more favourable and mandatory legal provisions of the country in which they habitually reside, particularly regarding the deadline for exercising the right of withdrawal and the deadline for returning the Products (if this right is exercised), the methods and formalities for notifying it and the legal guarantee of the product's conformity.

16.3 Please note that in the case of the user-consumer, the court of jurisdiction for any dispute relating to the application, execution and interpretation of these GCS shall be the court of the place where the user resides or has elected domicile.

17.1 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, T-Data S.r.l. informs the users classified as consumers as per art. 3, paragraph 1, lett. a) of the Consumer Code, that if they have submitted a complaint directly to T-Data S.r.l., following which it has not been possible to resolve the resulting dispute, T-Data S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for out-of-court settlement of disputes relating to obligations arising from a contract entered into on the basis of these General Conditions of Sale (known as ADR bodies, as indicated in Art. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use said organisations to resolve the dispute. 

17.2 T-Data S.r.l. also informs users who qualify for consumer status pursuant to art. 3, par. 1, lett. a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer and user may consult the list of ADR organisations, find the link to their respective websites and initiate an online dispute resolution process for disputes in which he/she is involved. 

17.3 The user and consumer's right to bring a dispute arising from these General Conditions of Sale before the competent ordinary courts, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to initiate an out-of-court settlement for disputes involving consumer relations by recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, are in any event unaffected. 

17.4 In keeping with art. 49 par. 1 lett. v) of Legislative Decree No. 206/2005 (Consumer Code), customers intending to resolve a dispute which has arisen with the merchant (i.e. T-Data S.r.l.) can use the Joint Conciliation procedure. The Procedure may be initiated if the consumer, after having filed a complaint with the company, has not received a reply within 45 days, or has received a reply that is not satisfactory to him/her. Customers who decide to avail of the Joint Conciliation Procedure must send their requests to: conciliazione@consorzionetcomm.it or to the fax number: 02/87181126. For more information, please visit the following website: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl

17.5 Furthermore, for any cross-border disputes relating to the application, execution and interpretation of the General Conditions of Sale of T-Data s.r.l, users who habitually reside or are domiciled in a member state of the European Union other than Italy, may initiate the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court, provided that the value of the claim does not exceed, excluding interest, fees and expenses, EUR 5,000.00 on the date the court of jurisdiction receives the online claim form. The wording of the Regulation is available at https://eur-lex.europa.eu/eli/reg/2007/861/oj.