Terms and Conditions of Contract
The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity.
Identification of the Supplier
The goods subject to these general conditions are offered for sale by GREENER TENNIS, hereinafter referred to as the “Supplier” and distributed by BIOFIRST di Claudio Stella, located at Via Ormea no. 25, Carmagnola (TO), registered with the Chamber of Commerce of Turin under no. 1258845 in the Register of Companies, tax code STLCLD60P16B791B, VAT number 12024380011.
Art. 1 Definitions
1.1. The term “online sales contract” refers to the contract of sale relating to movable goods of the Supplier, entered into between the Supplier and the Buyer, within the framework of a distance selling system using telematic tools, organized by the Supplier.
1.2. The term “Buyer” refers to the individual consumer who makes the purchase under this contract, for purposes not related to any commercial or professional activity carried out, if any.
1.3. The term “Supplier” refers to the subject indicated in the heading, namely the provider of information services.
Art. 2 Object of the Contract
2.1. Under this contract, the Supplier sells, and the Buyer purchases remotely, using telematic tools, the movable goods indicated and offered for sale on the website www.greenertennis.com
2.2. The products referred to in the previous point are described on the webpage: www.greenertennis.com .
Art. 3 Conclusion of the Contract
3.1. The contract between the Supplier and the Buyer is exclusively concluded through the Internet by the Buyer accessing the website www.greenertennis.com where, by following the indicated procedures, the Buyer will formalize the proposal for the purchase of goods, as referred to in point 2.1 of the previous article.
Art. 4 Conclusion and Effectiveness of the Contract
4.1. The purchase contract is concluded by accurately completing the request form and giving consent to the purchase, either through the online submission of the form or by completing the form attached to the online electronic catalog and subsequently sending the form. This is always preceded by the display of a printable web page summarizing the order, which includes the details of the ordering party and the order, the price of the purchased goods, shipping costs, any additional charges, payment methods and terms, delivery address, delivery times, and the existence of the right of withdrawal.
4.2. At the moment when the Supplier receives the order from the Buyer, a confirmation email will be sent, or a confirmation and summary web page will be displayed, which is printable and includes the information mentioned in the previous point.
4.3. The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5 Payment and Refund Methods
5.1. Each payment by the Buyer can only be made through one of the methods indicated on the Supplier’s dedicated web page.
5.2. Any refunds to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, promptly and, in case of exercising the right of withdrawal, as governed by Art. 13, point 2 and following of this contract, within a maximum of 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications related to payments take place on a dedicated line of the Supplier, protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 6 Delivery Times and Methods
6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email mentioned in point 4.2.
6.2. Shipping times may vary from the same day as the order to a maximum of 5 working days from its confirmation. In case the Supplier is unable to ship within this period, but within the one indicated in the following point, timely notice will be sent to the Buyer via email.
6.3. The methods, times, and costs of shipping are clearly indicated and highlighted on the delivery terms page of the website www.greenertennis.com
Art. 7 Prices
7.1. All sale prices of products displayed and indicated on the website www.greenertennis.com are expressed in euros and constitute an offer to the public under Article 1336 of the Italian Civil Code.
7.2. The sale prices, as mentioned in the preceding point, include VAT and any other applicable taxes. Shipping costs and any other additional charges (e.g., customs duties), if applicable, although not included in the purchase price, must be indicated and calculated in the purchasing process before the Buyer submits the order. These details will also be included on the order summary web page.
7.3. The prices shown alongside each of the goods offered to the public are valid until the date indicated in the catalogue
.
Art. 8 Product Availability
8.1. The Supplier ensures, through the telematic system used, the prompt processing and fulfillment of orders. To achieve this, the Supplier indicates in real-time, in its electronic catalog, the number of products available and unavailable, as well as the delivery times.
8.2. If an order exceeds the quantity available in the warehouse, the Supplier will inform the Buyer via email whether the item is no longer available for reservation or provide the waiting time to obtain the chosen item. The Buyer will be asked if they wish to confirm the order or not.
8.3. The Supplier’s computer system confirms the order registration as quickly as possible, sending the User an email confirmation according to point 4.2.
Art. 9 Limitations of Liability
9.1. The Supplier shall not be held liable for any failures attributable to force majeure in the event that it is unable to fulfill the order within the timeframes specified in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for any malfunctions or disruptions related to the use of the Internet network beyond its control or that of its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses, or costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to the Buyer. The Buyer shall be entitled only to the full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or unlawful use that third parties may make of credit cards, checks, or other means of payment used for the purchase of products, provided that the Supplier can demonstrate that it has taken all possible precautions based on the best knowledge and experience at the time and exercised ordinary diligence.
9.5. Under no circumstances shall the Buyer be held liable for delays or discrepancies in payment if the Buyer can demonstrate that the payment was made within the timeframes and methods indicated by the Supplier.
Art. 10 Liability for Defects, Proof of Damage, and Compensable Damages: Supplier’s Obligations
10.1. Pursuant to Articles 114 and following of the Italian Consumer Code, the Supplier shall be liable for damages caused by defects in the sold goods if it fails to communicate to the Injured Party, within a period of 3 months from the request, the identity and domicile of the manufacturer or the person who supplied the goods.
10.2. The aforementioned request by the Injured Party must be made in writing and must indicate the product that caused the damage, the place, and the date of purchase; it must also contain an offer to view the product, if it still exists.
10.3. The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to compliance of the product with a mandatory legal requirement or binding provision, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the product to be considered as defective.
10.4. No compensation shall be due if the Injured Party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed themselves to it.
10.5. In any case, the Injured Party shall bear the burden of proving the defect, the damage, and the causal connection between the defect and the damage.
10.6. However, the compensation for damage to property, as referred to in Article 123 of the Italian Consumer Code, shall be limited to the amount exceeding three hundred and eighty-seven euros (€ 387).
Art. 11 Warranties and Assistance Procedures
11.1. The Supplier is responsible for any defects of conformity that occur within a period of 2 years from the delivery of the goods.
11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use to which goods of the same type are usually intended;
b) they correspond to the description provided by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model;
c) they have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements on specific characteristics of the goods made by the Seller, the manufacturer, or their agent or representative, particularly in advertising or labeling;
d) they are also suitable for any particular use intended by the Consumer and communicated to the Seller at the time of concluding the contract, and which the Seller has accepted, even tacitly.
11.3. The Buyer loses any rights if they fail to notify the Seller of the lack of conformity within 2 months from the date on which the defect was discovered. The notification is not required if the Seller has acknowledged the existence of the defect or concealed it.
11.4. In any case, unless proven otherwise, defects of conformity that appear within 6 months from the delivery of the goods are presumed to have existed at that time, unless such presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.5. In the event of a lack of conformity, the Buyer may, at their option and at no cost, request, under the conditions indicated below, the replacement of the purchased goods, a price reduction, or the termination of this contract, unless the request is objectively impossible to satisfy or results in an excessive burden for the Supplier, as per Article 130, paragraph 4, of the Italian Consumer Code.
11.6. The request must be made in writing, by registered letter with return receipt, to the Supplier, who will indicate their willingness to comply with the request, or the reasons that prevent them from doing so, within 7 working days from receipt. In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the methods of shipping or return of the defective goods and the expected timeframe for the return or replacement of the defective goods.
11.7. In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the proposed price reduction or the methods of return of the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for the reimbursement of the sums previously paid to the Supplier.
Art. 12 Buyer’s Obligations
12.1. The Buyer undertakes to pay the price of the purchased goods in the manner and within the timeframe indicated in the contract.
12.2. The Buyer agrees, once the online purchase procedure is completed, to print and keep a copy of this contract.
12.3. The information contained in this contract has already been reviewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before confirming the purchase.
12.4. The Buyer agrees to provide their personal data (address, location, name, and surname) at the time of completing the order form or the registration form. The Buyer is aware that the failure to provide accurate and/or false data effectively prevents the regular conclusion of the sales relationship due solely to the Buyer’s fault. Therefore, in case of incorrect data, the Supplier cannot be held responsible and will be relieved of any further obligation.
12.5. The Buyer is obligated to provide accurate payment data and is informed that the use of false or fraudulent data is a crime punishable by Italian law. The Supplier cannot be held liable in any case if the Buyer knowingly uses illegal means of payment.
Art. 13 Right of Withdrawal
13.1. The Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within a period of 14 (fourteen) working days, starting from the day of receiving the purchased goods.
13.2. In the event that the Seller has not fulfilled the obligations to provide information regarding the existence, methods, and timing of returning or collecting the goods in case of exercising the right of withdrawal as per Article 52 of the Italian Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months, starting from the end of the initial withdrawal period, and begins on the day the Consumer receives the goods.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller via email at the address support@greenertennis.com. For the purpose of exercising the right of withdrawal, sending the notification by email shall be considered valid, provided it is done within the same time frame. The date of sending the email communication will prevail between the Parties.
13.4. The return of the goods must take place no later than 30 (thirty) days from the date of receiving the goods. In any case, for the Buyer to be entitled to a full refund of the paid price, the goods must be returned intact and in normal condition.
13.5. The Buyer cannot exercise the right of withdrawal for contracts of purchase of consumer products received sealed and that have been opened and used, even if only in part, or in any other case provided for by Article 55 of the Italian Consumer Code.
13.6. The only expenses borne by the Consumer for exercising the right of withdrawal in accordance with this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.7. Except as stated in point 13.5, the Supplier will provide a full refund of the entire amount paid by the Buyer, excluding shipping costs, within 30 (thirty) days from the receipt of the withdrawal notice.
13.8. Upon receiving the communication in which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their respective obligations, except as provided in the preceding points of this article.
Art. 14 Grounds for Termination
14.1. The obligations set forth in point 12.1, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer through the means specified in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are of an essential nature. Therefore, by express agreement, the failure to fulfill even one of these obligations, if not caused by force majeure or unforeseen circumstances, will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.