Terms and Conditions of Sale
TERMS OF SALE
Guide to Transparent Purchasing.
Terms and ConditionsSUBJECT
These General Terms and Conditions govern the purchase of products made remotely via the internet from Global Distributions S.A.S. di Niccolai Fabio e C. (hereinafter “Fight Club”), with registered office at Via Selvaggia Vergiolesi 3 - 51100 - Pistoia - Italy, Tax ID and Florence Business Registry number 02342200488, VAT No. 02342200488, and owner of the website http://www.fightclubstore.com. Every purchase transaction will be governed, for those to whom it applies, by the provisions of Legislative Decree 206/2005, as amended, and, with regard to the protection of privacy, will be subject to the provisions of Legislative Decree 196/2003.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purchase of goods on the website: www.fightclubstore.com is subject to the Customer’s full acceptance of these general terms and conditions of sale. Therefore, before placing an order, the Customer must carefully read these general terms and conditions of sale and, in the case of an online order, confirm acceptance by selecting the corresponding checkbox and the one for acceptance of the unfair terms. By submitting the online order, the Customer thereby confirms that they are aware of and unconditionally accept these general terms and conditions of sale. If the order is sent via email or fax, the Customer must also send these General Terms and Conditions, duly signed, along with the order.
HOW TO BUY
The Customer may purchase the products listed in the Fight Club online catalog, available at www.fightclubstore.com, by submitting an order electronically, via email, or by fax. It is understood that the image accompanying a product may not perfectly represent its characteristics but may differ in color, size, or the accessories shown in the picture. Fight Club reserves the right to accept or reject orders, in whole or in part. The contract is considered concluded upon Fight Club’s acceptance of the order via email. Order confirmation must be provided within 48 hours of receiving the order. If order confirmation is not provided within the aforementioned 48 hours, the order is considered rejected. If the order was submitted via an online form, Fight Club’s order acceptance must include a summary of the applicable general and specific terms and conditions, information regarding the product’s characteristics, and detailed information on the price, payment methods, right of withdrawal, and delivery times and costs. In the event of unavailability, even temporary, of some of the ordered items, Fight Club will notify the Customer within 48 hours of receiving the order, also indicating the order fulfillment times for the temporarily unavailable items. In such a case, the Parties may agree:
(a) that the order be fulfilled in a single shipment once Fight Club has all the ordered items in stock; or
b) that the order is fulfilled by delivering, in accordance with these general terms and conditions, the items available at the time of the order, and by subsequently delivering, within the order fulfillment period indicated in the aforementioned notification, the items that are temporarily unavailable; in this case, the shipping costs for the delivery of items that are not immediately available shall be borne by Fight Club; or
(c) that Fight Club deliver the ordered items that are in stock and issue a store credit to the Customer for the value of the ordered items that are temporarily out of stock.
d) Unless otherwise specified, none of the promotions listed on the website apply to products already on sale or to kits. The promotion is applied once the total cost of the merchandise (excluding shipping) is reached; in all other cases, it will not be applied.
ORDER ACCEPTANCE
The contract between Fight Club and the Customer shall be deemed concluded upon the Customer’s receipt of the order confirmation, which includes full details of the price (including shipping costs), the payment method, and the delivery times.
Fight Club expressly disclaims any liability, whether contractual or tortious, for any direct or indirect damages to persons and/or property arising from the non-acceptance, even partial, of an order.
PAYMENT METHODS
Payment for items must be made either by cash on delivery or via bank transfer, postal money order, PayPal, or credit card; in the case of payment via PayPal, postal money order, or bank transfer, the customer must provide proof of payment by email. In the case of cash on delivery, payment must be made in cash. The ordered merchandise will be shipped only upon actual receipt of the amount due in Fight Club’s bank account.
The payment description for the bank transfer must include:
- Proforma Invoice number and date;
- First and last name of the person placing the order.
SHIPPING COSTS
Delivery charges are the responsibility of the Customer, except as provided below:
a) For orders placed by customers who qualify as consumers under Legislative Decree 206/05, with a total value exceeding €69.90 and paid in advance, shipping costs are covered by Fight Club, unless the shipment consists of more than one package, in which case the customer is responsible for the shipping costs. For orders totaling €69.90 or more but paid via cash on delivery, the customer will be charged an additional fee of €2.90.
b) For orders placed by gyms and sports clubs, shipping will be covered by Fight Club provided that the order total exceeds €150.00, the shipment consists of no more than one package, and payment is made in advance.
If the goods held in the courier’s warehouses are not picked up within 3 business days due to repeated failure to deliver to the address provided by the Customer at the time of the order, any additional logistics costs will be expressly charged to the Customer. Shipping rates are detailed in the attached table. Please note that this rate is per package; therefore, any changes in shipping costs due to multiple packages will be communicated to the Customer at the time of order confirmation.
For smaller islands and remote areas, rates vary depending on the location.
DELIVERY TIMES
Delivery is made to the address specified when the customer’s information was entered, unless the Customer provides a different address at the time of ordering. The order will be processed within fifteen business days of order confirmation, barring any delays attributable to the carrier and provided that the Customer has paid for the merchandise (unless payment is made upon delivery). Therefore, Fight Club shall not be held liable for any delay in order fulfillment or delivery of the ordered goods due to the Customer’s failure to make timely payment. The Customer may contact Fight Club for information regarding the status of the shipment.
EXCHANGING MERCHANDISE AND REPORTING DEFECTS
The Customer must notify Fight Club via email on the day of delivery if the goods received do not match the order, specifying the reasons for the discrepancy (e.g., size, color, etc.). Fight Club will exchange the goods once the return has been received from the Customer, provided that the goods are returned in their original packaging; the shipping costs for the new goods and for returning the non-conforming items will be borne by Fight Club. The Customer must, no later than three days after receiving the goods, notify Fight Club via email of any defects in the goods, providing, where possible, photographic evidence of the alleged defects. If Fight Club verifies, based on the photographic documentation provided by the Customer, the existence of the reported defects, it will arrange, at its own expense, for the collection of the defective goods from the Customer and, at the Customer’s choice and subject to the availability of the goods, will either exchange such goods, refund the purchase price, or issue a store credit to the Customer in an amount equal to the price of the defective goods. Any other form of compensation for any damages, including indirect and consequential damages, is excluded.
RIGHT OF WITHDRAWAL
The Customer, if eligible as a consumer pursuant to and for the purposes of Legislative Decree 206/05, as amended, may withdraw from the contract without penalty and without specifying a reason within ten business days of receiving the goods. The right of withdrawal is exercised by sending, within the aforementioned period, a written notice to Global Distributions S.A.S., Via Provinciale di Montalbano, 32, 51030 Serravalle Pistoiese PT, via certified mail with return receipt requested, or sent in advance via fax or email but confirmed by certified mail with return receipt requested within the following forty-eight hours; The registered letter is considered to have been sent in a timely manner if it is delivered to the accepting post office within the aforementioned deadline. In lieu of the aforementioned notice, it is sufficient to return the received goods within ten business days by mail or courier to Global Distributions S.A.S., Via Provinciale di Montalbano, 32, 51030 Serravalle Pistoiese PT. Shipping costs for returning the goods are the responsibility of the Customer; furthermore, a refund of the delivery costs for the goods to the customer cannot be requested.
For the purposes of calculating the deadline, the merchandise is considered returned at the moment it is handed over to the accepting post office or to the shipping carrier; however, the Customer remains liable to Fight Club for any loss and/or damage to the returned merchandise until such merchandise is delivered to Fight Club. The merchandise must be returned undamaged, unused, complete with all its parts, and in its original packaging (envelopes and packaging). In the event that goods are returned damaged or without their original packaging, Fight Club must notify the Customer in writing via email; in such a case, the goods returned by the Customer will not be refunded and will remain at Fight Club’s headquarters, available for the Customer to collect. If ten days have elapsed since receipt of the aforementioned notification without the Customer having collected the goods, Fight Club shall be free to dispose of said goods. In such a case, the Customer’s right to a refund of the price paid for such goods is excluded.
The Customer is solely responsible for shipping the returned merchandise.
If the right of withdrawal has been properly exercised, Fight Club will refund the amounts received from the Customer within fifteen days from the date on which Fight Club received the returned goods from the Customer, and in any case within thirty days from the date on which Fight Club became aware of the exercise of the right of withdrawal. Alternatively, if agreed upon with the Customer, Fight Club may, instead of issuing a refund, provide the Customer with a store credit in an amount equal to what the Customer paid for the purchase of the goods, thereby excluding the refund of shipping costs.
The amounts are considered refunded within the aforementioned period if they are actually returned, shipped, or credited back no later than the expiration of the period specified above.
In the event of cancellation or refusal to pay by cash on delivery at the time of delivery—even if this payment method was selected in the order—subsequent orders will only be accepted if the Customer pays in advance.
JURISDICTION
In the event of any disputes between Fight Club and the Customer, the courts of Florence shall have exclusive jurisdiction, except as provided for in Legislative Decree 206/05, as amended, for Customers to whom such provisions apply.
