Terms and Conditions
General provisions
These conditions are valid exclusively between the company CAPPELLUZZO NICKOLAS, VAT number 04209240409 and any person who makes online purchases on the website www.basecesena.com hereinafter referred to as ''CUSTOMER''. These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force
These conditions govern purchases made on the website www.basecesena.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, Cappelluzzo Nickolas sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.basecesena.com . The contract is concluded exclusively via the internet, by accessing the CUSTOMER at the address www.basecesena.com and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by BASECESENA and to accept them by placing a flag in the indicated box.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed regarding:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline within which BASECESENA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- after-sales assistance conditions and commercial guarantees provided by BASE12.
The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to BASECESENA, the geographical address, telephone and fax number, e-mail address, information which is reported, also below:
BASE12 c.so Gastone Sozzi 68, 47521 Cesena (FC)
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by BASECESENA to the CUSTOMER of an order confirmation email. The e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to BASECESENA.
BASE CESENA undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. Plus photographs of the products presented on www.basecesena.com do not constitute a contractual element, as they are only representative.
BASECESENA undertakes to deliver the goods within 30 days from the date BASECESENA sends the order confirmation email to the CUSTOMER.
ARTICLE 4 - Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation email sent by BASE CESENA, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed via e-mail.
If the CUSTOMER requests cancellation of the order, terminating the contract, BASE CESENA will refund the amount paid within 14 days from the day on which BASECESENA became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Payment methods
Any payment by the CUSTOMER can only be made using the credit cards indicated on the site or with the Paypal payment method.
In case of payment by credit card, the order amount will only be charged when the order is complete and ready for shipment.
In case of payment with Paypal, the actual charge will take place when BASECESENA sends the order confirmation email.
Communications relating to payment and the data communicated by the CUSTOMER when this is made take place on special protected lines. The security of credit card payments is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the products indicated on the site www.basecesena.com are expressed in Euros and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment.
The CUSTOMER accepts BASECESENA's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by BASECESENA to the CUSTOMER.
In the event of an IT, manual, technical or error of any other nature which could lead to a substantial change, not foreseen by BASE12 CESENA, in the public sale price, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the withdrawal form to the address: BASE12 c.so Gastone Sozzi 68, 47521 Cesena (FC)
In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to BASE12 CESENA his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to BASE12 c.so Gastone Sozzi 68, 47521 Cesena (FC)
The direct costs of returning the products are borne by the CUSTOMER. The cost is estimated to be equal to a maximum of approximately 300.00 (three hundred/00) euros.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, BASE CESENA will refund the amount of the products subject to the withdrawal within a maximum period of 14 days, including any shipping costs.
As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, BASE CESENA may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that they have sent the goods back to BASE CESENA
BASE CESENA will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide BASE CESENA, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the reimbursement to be made by CESENA BASE.
In case of withdrawal for the purchase made with gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code which will be sent to the CUSTOMER's email address or in case of withdrawal exercised at a point of sale, the amount will be returned with a purchase voucher delivered to the CUSTOMER.
The purchase voucher will be valid for 2 years and can be used by the CUSTOMER for subsequent purchases in a single solution.
ARTICLE 8 - Legal guarantee of conformity
In the event of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to have the conformity of the product restored free of charge by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to BASE CESENA within two months of discovery.
ARTICLE 9 - Commercial guarantee
All products presented on the site www.basecesena.com benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of the articles.
To benefit from warranty assistance, the CUSTOMER must keep the invoice which they can print by accessing the "My orders" section of the "My Decathlon account" space.
ARTICLE 10 - Delivery methods
BASE CESENA will only accept orders to be delivered in Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation email sent by BASE CESENA.
ARTICLE 11 - Responsibility
BASE CESENA assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, especially commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of BASE CESENA and are protected by intellectual property rights.
The website www.basecesena.com uses ''cookies''. Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and which allow BASE CESENA to offer a personalized service to its customers.
BASE CESENA informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr .
General conditions of sale updated on 04/09/2019