Terms of service

TERMS AND CONDITIONS

The present terms and conditions govern the sale of products on the soccerment.com website and regulate its use. The Seller reserves the right to modify periodically these Terms and Conditions of Sale and the Privacy Policy, for example following changes in the legislation or regulations or in the functionality of the Website. The aforementioned changes will be communicated to Users through the Website with a specific notice and for a duration of 10 (ten) days from the date of the change. The online sale of products on the Website is governed by the provisions of the Consumer Code Legislative Decree no. 206/2005 and the Electronic Commerce Code Legislative Decree no. 70/2003.

The Site's online shop uses and relies on the service of Shopify Inc, which provides the online e-commerce platform that enables the Seller's products to be sold. The following are the Terms and Conditions of Sale applicable to any Product sold on the Site.

 

ARTICLE 1 DEFINITIONS

 

For the purposes of this contract:

 

Name of agent: Soccerment S.r.l. with registered office in Via Pietro Paleocapa, 6, Cap 20121 - Milano (MI), C.F./P.IVA 09992800962 in the person of its Legal Representative Aldo Comi, email: info@soccerment.com, and C.F.CMOLDA78P20L319N.

Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Site: The website https://soccerment.com/.

Users: any person who accesses the Site and continues browsing.

Customer: any person who purchases products sold through the Web Site.

Consumer: a natural person acting for purposes other than professional or business activity.

Professional: the natural person or legal entity acting in the exercise of its entrepreneurial and commercial activity and purchasing with a VAT number.

Products: e-commerce retailing.

Services: this means all subscriptions purchased electronically.

Electronic commerce: a particular form of commerce, regulated in Italy by the Consumer Code and the Decree on Electronic Commerce, whereby the two contracting parties conclude the contract at a distance through information society services without their simultaneous physical presence.

Due to the distance, the delivery of products is not contextual and usually takes place through third-party operators (couriers/shippers).

Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.

Purchase: the onerous purchase of the above-mentioned products from the day the purchase is concluded.

Shopping cart: the phase of the purchasing procedure in which the User formulates his or her purchase proposal, selecting the method of payment, delivery of the goods and the like.

 

ART. 2 SUBJECT

These General Terms and Conditions of Sale relate to the products and services referred to in Article 3 and are valid between the Vendor and any User who makes a purchase on the Site as a Consumer within the meaning of the legislation in force or as a Professional.  In the event of nullity of one of the conditions, the nullity or ineffectiveness does not extend to the remaining clauses of these conditions.

 

ARTICLE 3 DESCRIPTION OF PRODUCTS

The Site deals with retail sales, in an E-commerce regime, mainly of the XSEED product made in Italy.

The products offered are described and illustrated on the Site.

The Product images on the Site are for demonstration and illustration purposes and are represented as best as possible.

However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product.

Given this particular mode of sale, the User is warned that any discrepancies between the representations of the Product on the Site and the Product actually delivered are only contestable if significant.

The Vendor offers detailed guidance on Product measurements.

In the event that the size ordered is not correct, the User may contact the Seller through customer service by sending an e-mail customerservice@soccerment.com or by using the site chat. Each product is sent to the Customer with its guarantee certificate.

The Site also deals with the sale of subscriptions relating to services concerning football activity; such as, purely by way of example and without limiting the foregoing formula, the consultation of advanced data and metrics relating to football activity.

 

ART. 4 PRICES

The price of the Product is indicated in EURO.

The price in the online shop may vary. In such cases, the prices published at the time of the order on the online shop are taken into account.

 

ARTICLE 5 REGISTRATION

In order to be able to make purchases at the Site Store, the User can make a special registration, through which he/she can enter his/her personal data. The User is responsible for the truthfulness and correctness of the same.

In the event of registration, when entering data, the User warrants that:

- be of full age and of sound mind;

-meet the specific entry requirements at the time of registration;

- comply with all legal and contractual provisions applicable to these Terms and Conditions;

- is the legitimate owner of the data entered, which shall be deemed true, correct and up-to-date.

At the time of registration (account opening) the User will be asked to provide his first and last name, e-mail address and a password, which the User shall take care to keep secret, use for his own purposes and not to give away. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general and allows the User to modify his/her personal data and view his/her purchase history.

The use of temporary e-mails for registration is prohibited. All transmitted data shall be processed in full compliance with the Privacy Policy. The Seller will use them exclusively for order processing and only in the event of explicit consent to this effect, the data may also be processed in order to provide information on its own initiatives, such as news or promotional discounts.

 

ARTICLE 6 PURCHASE PROCEDURE AND CONCLUSION OF SALE

The User can purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided on the Site. To purchase the Products, the Customer shall fill in and send to the Seller the purchase order form in electronic format, following all the instructions contained in the relevant page of the Site. The order form contains a summary of the main commercial conditions, as well as information on the main characteristics of the ordered Products and a reference to the General Conditions. The Customer, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal and the Privacy Policy, shall select the desired payment method and proceed to payment.

By submitting the order form, the Customer acknowledges and declares that he/she fully and unconditionally accepts the Terms and Conditions and agrees to the processing of his/her Personal Data.

The contract between the Seller and the Customer is concluded with the acceptance of the Order by the Seller.

Acceptance of the Order shall be communicated by the Seller to the Customer by e-mail, sent to the e-mail address communicated during the execution of the Order.

 

ARTICLE 7 TERMS OF PAYMENT

Once the purchase order has been placed, the Customer undertakes to pay the price of the Products requested, taxes and ancillary charges in the manner provided for on the Site and actually available for the specific Products selected.

The payment methods generally available on the Site are as follows:

1) Credit card

2) Apple Pay

3) Klarna

4) Paypal

5) Shop Pay

6) Google Pay

 

ARTICLE 8 DELIVERY TIMES AND COSTS

The Seller shall deliver the purchased Products via specialised carriers, with standard service.

In Italy they are indicatively delivered within 5 - 7 working days and within 3 - 4 weeks abroad always starting from 4 weeks from the date of purchase.

The above delivery deadlines are purely indicative.

Any changes to the above will be promptly communicated to the customer by e-mail. The cost of shipments is divided into three geographical ranges and in case of export of goods to countries outside the EU, the relevant customs duties shall be borne by the Seller.

 

ART. 9 ORDER PROCESSING, PRODUCT SHIPMENT AND DELIVERY, TAX DOCUMENTS

When the parcel is dispatched, a tracking number will be sent by e-mail, which will allow you to follow the entire route of the shipment by going to the courier's website.

The presence of the Customer is required at the time of delivery, including persons delegated by the Customer.

The Customer shall verify that the packaging is intact and that the Products received correspond to the Order Confirmation.

In the event that a product arrives damaged during transport or different from the one ordered, the Customer shall carefully document with photographs the unpacking of the goods, so that any damage can be proved.

The Customer may request the Vendor, by e-mail, to replace the product at customerservice@soccerment.com. For further information, see Article 10 of this document.

 

ARTICLE 10 RIGHT OF WITHDRAWAL AND RETURN POLICY

All purchases made by the consumer customer at the Site are covered by the right of withdrawal guarantee, which gives the customer the opportunity to return, for any reason, the purchased product and to obtain reimbursement of the costs incurred within 14 days.

In general, the cost of shipping is broken down as follows:

• The cost of shipping incurred for the replacement shall be borne by the Vendor;
• the cost of shipping incurred for the return, the purpose of which is the refund, shall be borne by the customer.

To exercise this right, within 14 days from the date of delivery of the goods, you must notify the Seller of your wish to withdraw in whole or in part from the purchase by means of an express declaration to that effect, which must be made by e-mail to customerservice@soccerment.com.

The Customer is free to decide the courier by which the shipment is to be made, but it must be tracked and the tracking must be shared by the Customer with the Seller via the appropriate link sent to the e-mail customerservice@soccerment.com.

This is a necessary and fundamental step in order to protect the security of the customer and the seller when returns, replacements and refunds are made.

Please indicate in the email:

• Name;
• Surname;
• Address;
• Order number;
• Telephone.

The address of the Vendor to which the parcel is to be sent is:

Soccerment c/o Copernico Martesana

Viale Monza, 259, 20126 - Milan (MI)

Within the aforementioned term, the Customer must ship the goods back in the original packaging, undamaged and in perfect condition complete with all its parts, including the presence of the guarantee certificate of the return tag intact and/or uncut. Everything must be carefully packed and shipped to the aforementioned Seller's premises.

Refunds will be made within 10 working days following receipt of the product, after quality control and suitability of the return.

It should be noted that the timing does not depend in any way on the seller, as the approval of the reimbursement once the file has been initiated varies depending on the bank.

The refund will be made using the same payment method chosen by the Customer.

C.O.D. packages will not be accepted.

Excluded from reimbursement are the costs incurred in returning the goods.

The risks of transport for the return of the Products are borne entirely by the Customer, as are the costs necessary for the return of the Products subject to withdrawal.

With the exception of the above, it is specified that the Customer is liable for any diminution in the value of the Products resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning.

The Customer expressly acknowledges and accepts that

- The right of withdrawal does not apply to products received more than 15 working days ago (in which case the return of the goods will be refused).

- The right of withdrawal cannot be exercised if the purchased products have the return tag not intact and/or severed.

- the right of withdrawal cannot be exercised in the event that the purchased products have been used or the packaging has been altered because it must be closed exactly as received with the polystyrene protection, cardboard and everything else that is part of the packaging, stored exactly as received.

The right of withdrawal is excluded for Professional Customers (purchase with VAT).

 

ARTICLE 11 LEGAL GUARANTEE

If the Customer is a Consumer in the event of receipt of Products that do not conform to orders or are defective, he/she is entitled to the legal guarantee of 24 (twenty-four) months. In the event of receipt of Products that do not conform to orders or are defective, the Customer shall notify the Seller by e-mail (customerservice@soccerment.com) within 2 months of discovery of the conformity defect, attaching a photograph attesting to the defects found.

Pointing:

• Object of the request (REFUND / CHANGE OF ITEM);
• Name;
• Surname;
• Address;
• Order number;
• Telephone.

The consumer is entitled to have the conformity of the goods restored free of charge by repair or replacement, or to an appropriate reduction in the price, unless the remedy requested is objectively impossible or excessively onerous compared to the other.

One of the two remedies should be considered too costly if it imposes unreasonable costs on the seller compared to the other, taking into account the following elements:

(a) the value the asset would have if there were no lack of conformity;

(b) the extent of the lack of conformity;

(c) the possibility that the alternative remedy can be tried without significant inconvenience to the consumer

The consumer may, at his or her choice, demand an equitable reduction in price or termination of the contract if one of the following situations occurs:

1. a) repair or replacement is impossible or excessively expensive;

(b) the seller has failed to repair or replace the goods within the prescribed time limit;

(c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer

In determining the amount of the reduction or the sum to be reimbursed, account will be taken of the use of the property.

After notification of the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects:

 

(a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences as to the commencement of the appropriate period, unless the consumer accepts the proposed alternative remedy;

(b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy

A minor lack of conformity, for which it has not been possible or is excessively expensive to seek remedies or replacement solutions, does not entitle the parties to rescind the contract.

For professionals, please refer to the regulations provided for and defined with respect to the case at hand.

ARTICLE 12 SPECIAL CASES AND HYPOTHESES

It is understood that the use of the Product must be strictly related to the activity for which the Product has been put on the market and Soccerment s.r.l. shall not be liable for any damages and/or defects and/or malfunctions and/or malfunctions deriving from an incorrect use of the same.

As set out in Article 11, it is reiterated that in the event of receipt of Products that do not conform to orders or are defective, the Consumer-Customer is entitled to the legal guarantee of 24 (twenty-four) months.

This guarantee does not apply for a return nor for a replacement nor for a refund when the cause of the malfunction is not attributable to the Seller and without wishing to restrict the above broad formulation, the following is a list of hypothetical situations to which Soccerment srl will not respond:

1.- Any damage caused by an impact due to a fall or accident on the field;

 

2.- Functional damage due to abnormal impacts during use of the Product, with the ground or solid objects and/or during use;

 

3.- Deterioration, cosmetic damage or wear and tear resulting from normal use and/or abuse;

 

4.- Modification and/or installation of accessories of parts not belonging to XSEED, including but not limited to the use of stickers, glue, markers, etc;

 

Aging due to normal wear and tear of the product;

 

6.- If the malfunction results from abnormal conditions (i.e. if the Product is mistakenly placed in the washing machine or submerged in water);

 

7.- Use of or contact with chemicals;

 

8.- In the event that due to the playing field and improper use of the products and protection systems (i.e. sleeves and/or socks) XSEED is in charge (e.g. due to the presence of pellets in the USB socket due to playing on a synthetic football pitch and/or due to the presence of soil in the same);

 

9.- If the coach, family or athlete decides they no longer want XSEED for a reason not attributable to the product itself or in any case for reasons for which the Customer has received adequate information (i.e. cost, weight, size, functions etc.);

 

10.- If the Customer has exposed XSEED to intense heat sources including sunlight (i.e. if it has left XSEED in the sun even temporarily);

 

11.- If the malfunction results from a lack of maintenance or care, improper handling etc;

 

12.- If the XSEED shows damage to the battery due to a bad power supply (i.e. higher wattage, frequent connection and disconnection of the power supply, charging via a non-original device, etc.).

 

The occurrence of even one of the above-mentioned elements absolves Soccerment from any liability.

 

ARTICLE 13 FORCE MAJEURE

The Vendor assumes no liability for disruptions attributable to force majeure that prevent, in whole or in part, the execution of the contract in due time.

The Seller shall not be liable to the Customer for any damages, losses and costs incurred as a result of non-performance or delayed performance of the contract, the Customer being entitled only to a refund of the price paid.

The Vendor shall not be liable for any damages resulting from disconnections, interruptions of the Site, or loss of data resulting from and attributable to the same.

In the event of force majeure, execution of the Order shall be suspended. This suspension may last for a maximum of 3 (three) months, after which the Order shall be automatically cancelled.

 

ARTICLE 14 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its contents and graphics), the brand, the domain name, the related sub-domains and all the intellectual and industrial property rights attached to them, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and distribute, transmit also to other websites, transfer or in any case make available to third parties for any reason whatsoever, or in any case use for purposes other than the storage and/or consultation of the Sites and/or the Contents of the Site, without the prior express and formal approval of the Seller.

 

ARTICLE 15 FAILURE TO EXERCISE A RIGHT

The Seller's failure to exercise a right does not constitute a waiver of its right to take action against the Customer or a third party for breach of its obligations. The Vendor therefore reserves the right to assert its rights in any case, within the terms granted.

 

ARTICLE 16 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be processed in accordance with the principles of fairness, lawfulness, transparency and protection of confidentiality in compliance with current legislation. The Seller, as Data Controller, processes the Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorised access, disclosure, modification or destruction of Personal Data. The processing is carried out using computer and/or telematic tools, with organisational and logical methods strictly related to the purposes indicated. The User's Data are collected for the execution of pre-contractual measures; for the fulfilment of the obligations deriving from the stipulated contract; for the registration procedure aimed at the purchase of Products; to respond to specific requests made to the Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the consent freely expressed by the User; for soft spam purposes for promotional communications related to the purchased Products without the need for the express and prior consent of the User, as provided for by art. 130, paragraph 4, Privacy Code. We therefore invite the Customer to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies and consent to their processing where required (Cookie Policy).

 

ARTICLE 17 APPLICABLE LAW AND JURISDICTION

The Terms and Conditions are governed entirely by Italian law.

Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts signed online by the Client with the Seller shall fall under the exclusive jurisdiction of the Court of the place of residence of the Consumer (so-called consumer's Court). Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts entered into online by the Professional Client with the Seller shall fall under the exclusive jurisdiction of the Court of Milan.

In the event of any conflict between the Terms and Conditions drafted in the Italian language and those in the English language, the English language shall prevail.

 

ARTICLE 18 DISPUTE RESOLUTION

Pursuant to Article 49(1)(V) of Legislative Decree No. 206/2005 (Consumer Code), the Consumer-Client may avail himself of the Joint Conciliation Procedure (ADR).

Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer-Customer may file a complaint via the European Union's ODR platform. For more information, please contact the Seller.

 

ARTICLE 19 COMMUNICATIONS

For further information of any kind, please contact the Vendor at the following addresses: customerservice@soccerment.com

 

Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepted all the clauses of these General Terms and Conditions of Sale and in particular those of Articles 10, 11, 12, 13 and 16.