SUDSTAR BY GUTIERREZ RUTH CLAUDIA – SOLE PROPRIETORSHIP
(Sede legale in Via Alfeo Brandimarte, 23 – 60025 Loreto (AN), C.F. GTRRHC71R63Z600C, sudstar@sudstar.eu)
SHOP ON LINE
GENERAL TERMS AND CONDITIONS OF SALE:
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Index:
1. Foreword scope ……………………………………………………………………………………….. Pag. 1 2. Purchase Orders and Conclusion of the Contract …………………………………… Pag. 2 3. Product Information ………………………………………………………………………………….. Pag. 3 4. Prices………………………………………………………………………………………………………….. Pag. 4 5. Shipping costs ………………………………………………………………………………………….. Pag. 4 6. Payment methods and invoicing ……………………………………………………………… Pag. 5 7. Transport and delivery ……………………………………………………………………………… Pag. 6 8. Canceling and Changing Your Shipment …………………………………………………. Pag. 6 9. Warranties and Defects of Conformity ……………………………………………………… Pag. 7 10.Recess…………………………………………………………………………………………………………. Pag. 7 11.Errors and limitations ……………………………………………………………………………….. Pag. 9 12.Reclami ………………………………………………………………………. Pag. 10 13.Protection of the trademark …………………………………………….…. Pag. 11 14.Applicable Law and Jurisdiction in Case of Disputes …………………,,…………. Pag. 11
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- Introduction and scope
Buying on SUDSTAR SHOP ON-LINE is simple and safe. From the catalog you will be able to view all the products offered. By clicking on each Product Sheet you can get all the information about the product and its features. Availability is also listed on the tab. If you are not an already registered user, by clicking on [CHECK-IN] you will be directed to the registration area, where in a simple tab you can leave all your billing data and choose the payment system you want to adopt for the shipment of your order. After the first registration, you can simply enter your details in the [LOGIN] box, to check or modify your profile, check your previous orders or place new ones easily and securely. Registration also allows you to exclusively identify your account and manage all the promotions and discounts that SUDSTAR DI GUTIERREZ RUTH CLAUDIA reserves for its Customers.
These general terms and conditions of sale (“General Conditions“) govern the sale and purchase of products marketed by the sole proprietorship SUDSTAR DI GUTIERREZ RUTH CLAUDIA (“SUDSTAR“), with registered office in Via Alfeo Brandimarte, 23 – 60025 Loreto (AN), C.F. GTRRHC71R63Z600C, sudstar@sudstar.eu email address and telephone number +39 0710974283 through its website https://www.sudstar.eu/ (“the Site“).
Purchase transactions will be governed by the provisions of Legislative Decree no. 206 of 06.09.2005 and ss.mm. (“Consumer Code“).
The general conditions are valid from the day 07 November 2024 and may be updated or modified by SUDSTAR at any time, without prior notice, and will be valid from the date of publication on the Site.
The Consumer who accesses the Site (“the Customer“) is required, before using the functions of the Site and placing any order, to carefully read these General Conditions that have been made available on the Site and that will be available at any time by the Customer.
- Purchase order and conclusion of the contract
All contracts will be concluded directly through the Client’s access to the Site.
The Customer may conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
These General Terms and Conditions must be reviewed online by the customer before completing the purchase process. The forwarding of the order confirmation implies full knowledge of the same and their full acceptance.
For the purpose of filling out the order, the Customer will select each product by placing it in the so-called “shopping cart”. Once the Products have been selected, the Customer must enter the shipping and billing data in the order form, choose the desired payment method and, after having read and accepted the General Conditions and the privacy policy on the Site, confirm the purchase order.
The Customer, by sending their purchase order electronically, therefore, unconditionally accepts and undertakes to observe, in their relations with SUDSTAR, the General Conditions, declaring that they have read and accepted all the indications provided pursuant to the above-mentioned regulations, also acknowledging that SUDSTAR is not bound by different conditions unless previously agreed in writing.
Therefore, no clause unilaterally reported by the Client (on the General Conditions, on the order forms, in correspondence or any other document that may reach us), may derogate from these conditions.
Once the on-line purchase procedure has been completed, the Customer undertakes and undertakes to print and store these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in articles 49 and 50 of the Consumer Code.
These General Terms and Conditions may be updated or modified at any time by SUDSTAR, which will notify you through its website.
It is strictly forbidden for the Client to enter false, and/or invented, and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; The personal data and the e-mail must be exclusively your real personal data and not that of third parties, or fictional.
It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties.
- Product Information
Information and features relating to the products are available on the Site.
The visual representation normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the images contained in the Site have the sole purpose of promoting the products and may not perfectly represent characteristics and quality, as they may differ in color, size and combinations with other products. In case of difference between the image and the sheet, the description of the product sheet will always be valid.
The customer can only purchase the products currently present in the SUDSTAR electronic catalogue available on the Website.
If the request made through an on-line order exceeds the quantity available for a given item, SUDSTAR will accept the purchase limited to what is actually available. It will be SUDSTAR’s responsibility to inform the Customer (at the time and in the manner it deems most appropriate) whether or not the products ordered will be available in the future.
- Prices
All the sale prices of the products displayed and indicated on the Site are to be considered inclusive of taxes and duties.
The purchase contract is finalized by the exact completion and the consent to the purchase expressed through the adhesion given online after registering.
SUDSTAR reserves the right to change its prices at any time and without prior notice in order to be able to adapt to the pricing policy of its suppliers.
- Shipping costs
The total cost of shipping is the responsibility of the Customer, unless otherwise specified. This cost will be made known to the customer before confirmation of the purchase.
The order will be processed within 48 working hours and deliveries are expected in approximately 3-4 working days (an additional day is expected in the case of major islands, including Sardinia and Sicily).
Deliveries will be made within the national territory and at the address indicated by the Customer.
SUDSTAR also sells throughout the European Union. Shipments in this case will be made through the courier indicated for shipments to Italy at the rates established by this one.
Telephone/mobile number and e-mail are essential for the customer to receive all the information about the delivery from the courier and if the necessary assistance is needed to guarantee a quality service.
SUDSTAR assumes no responsibility for orders with an incorrect postal code and/or delivery address.
- Payment and billing methods
The Customer can pay for the ordered goods and delivery costs using the payment methods indicated online at the time of purchase (credit card, PayPal or bank transfer).
To guarantee the Customer’s maximum security, the payment transaction will be carried out outside the Site, directly on the bank’s secure server.
The site does not store the Customer’s credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer will be able to proceed with the purchase without re-entering his data.
In case of choosing the PayPal payment method, the Customer will be directed to the PayPal website where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the relevant terms and conditions.
If the purchase will be made by a professional, it will be possible to request the issuance of the invoice by contacting SUDSTAR directly at the email address sudstar@sudstar.eu, entering the billing data including tax code and VAT number.
- Transport and delivery
SUDSTAR will arrange for the selected and ordered products to be delivered to the Customers through third-party professionals, at the address indicated by them, in the manner provided for in the previous article.
Once the products have been shipped, the Customer will receive a confirmation email or SMS in which a link for tracking the shipment will be included.
The purchased goods will be delivered without delay and in any case within the terms provided for in Article 61 of the Consumer Code. SUDSTAR cannot be held responsible for delays that are not foreseeable or not attributable to it.
The Customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed.
For each declaration, the Client assumes full responsibility for what is declared.
Delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8.30 a.m. to 12.30 p.m. and from 2.00 p.m. to 6.00 p.m., every day, except holidays, from Monday to Friday.
The Customer is required to be available at the times described above in order to avoid any additional charges required by the express courier for non-deliveries. Such charges, unless otherwise agreed, will be directed at the Client.
SUDSTAR is not responsible for damage caused by the carrier to the products purchased.
- Cancellation or modification of the shipment
The Customer may cancel the shipment of the ordered Products no later than 30 minutes after the conclusion of the order.
The Customer may request a change of delivery address no later than 60 minutes after the conclusion of the order.
After these terms, the order will be processed and it will no longer be possible to request cancellation or change of delivery address.
In order to carry out the above-mentioned order changes, the Client must contact SUDSTAR by telephone +39 0710974283 and by email at the address sudstar@sudstar.eu within the terms indicated.
SUDSTAR reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email or SMS, or, upon agreement with the same, changing the day and/or time of delivery. In this case, no further amount will be charged to the Customer.
- Warranties and Defects of Conformity
SUDSTAR’s goods are subjected to quality control from time to time both in the SUDSTAR warehouse and before shipment.
Following this inspection, a special quality stamp will be affixed to each garment, bearing the date of the inspection.
In case of non-conformity of Products sold, the Client must immediately contact SUDSTAR by email after delivery, including one or more photos of the alleged non-conformity.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Client has the right, at his choice and provided that the type of Product allows it, to restore, free of charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in the price or to the termination of the contract.
The Client loses these rights if he does not report the lack of conformity to SUDSTAR within the established period of 2 (two) days from the date of delivery.
- Right of withdrawal
Pursuant to Article 57 of Legislative Decree 206/2005, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his or her professional activity), he or she has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the customer must send SUDSTAR a notice to this effect, within 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to SUDSTAR DI GUTIERREZ RUTH CLAUDIA – Piazza Leopardi 9, – 60025 Loreto (AN), C.F. GTRRHC71R63Z600C, always within the aforementioned term of 14 days by certified email to the address: sudstar@legalmail.it.
Once the aforementioned notice of withdrawal has been received, the Customer Service will provide the Customer with instructions on how to return the goods, which must take place within a further 14 days from the date on which the intention to withdraw was communicated.
In the event of withdrawal within the aforementioned period, we will reimburse all payments you have made to us, including delivery costs (with the exception of additional costs arising from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract.
Such refunds will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; In any case, you will not incur any costs as a result of such reimbursement.
The refund will be suspended until SUDSTAR has checked that the goods have not been used or tampered with (the condition of the goods must be the same as when the customer received the goods, including all labels).
Please return the goods to SUDSTAR DI GUTIERREZ RUTH CLAUDIA – Piazza Leopardi 9, – 60025 Loreto (AN), C.F. GTRRHC71R63Z600C without undue delay and in any case within 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the 14-day period.
The direct costs of returning the goods will be at your expense, you can follow two methods:
– request collection by one of our couriers at the same cost as the initial shipment;
– proceed with the shipment autonomously using one of its couriers.
You are only liable for any decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal: Legislative Decree 206/2005 (“Consumer Code”) in art. 59, c.1 lett. (c) regulates the cases, of which the consumer must be expressly informed, in which the right of withdrawal cannot be applied to made-to-measure or “clearly personalized” packaging.
The right of withdrawal cannot therefore be exercised: on products customized at the express request of the customer (e.g.: products personalized with names and/or numbers).
Size change: if, upon receipt of the goods, the Customer notices that the purchase is in the wrong size, the Seller allows the product to be exchanged within 14 days from the date of receipt, provided that the garment has not been used or damaged. The Seller will not accept exchanges or returns of used or damaged garments.
In case of unavailability of the size concerned, it will be allowed to exchange one model for another by prior agreement with the Seller.
Any return of purchased items must be carefully packaged and include the delivery note or return form duly completed.
If you do not have a delivery note at the time of the exchange, download the return form by accessing the page containing the returns of goods (in the My Orders section of “My Account” if the user has registered or in the Orders section if the user is not registered) available on sudstar.eu.
Please send the goods back to SUDSTAR DI GUTIERREZ RUTH CLAUDIA – Piazza Leopardi 9, – 60025 Loreto (AN), C.F. GTRRHC71R63Z600C without undue delay and in any case within 14 days from the day on which you inform us of your desire to change the size of the product. The deadline is met if you return the goods before the expiry of the 14-day period.
The direct costs of returning the goods will be at your expense, you can follow the following procedure:
– proceed with the shipment independently using your own courier.
The direct costs of sending the product with the correct size from the Seller to the Customer will be:
– to be borne by the customer in the case of a single product with a selling price of less than 100 euros (at the same cost with which it was initially shipped)
– to be borne by the Seller in the case of a single product with a selling price of more than 100 euros in the Italian territory.
The size change can be done ONLY ONCE (1 TIME).
- Errors and Limitations of Liability
Motorcycling is a dangerous activity, which could result in injury and/or death. The products marketed are designed to offer comfort and performance. Although all motorcyclists should wear protective clothing, no product can offer complete protection in the event of an impact or fall. SUDSTAR therefore assumes no responsibility for any injuries sustained by persons or for any damage to property while wearing a product sold on the Site.
SUDSTAR makes no warranty as to the suitability of its products for any particular use, nor as to the degree of protection against injury, death or damage that its products are able to provide to persons or property.
In addition, the information on the Products on the Site is constantly updated. However, SUDSTAR cannot guarantee the complete absence of errors, so that it cannot be held liable for any errors, except in the case of intent or gross negligence.
SUDSTAR reserves the right to correct any errors, inaccuracies and/or omissions even after a purchase order has been sent, as well as to modify and update the information at any time without any obligation to notify us in advance. The Customer’s rights under the General Conditions and the Consumer Code remain unaffected.
Except for willful misconduct or gross negligence, the Customer’s right to compensation for damages or to the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the failure to process, even partially, an order is excluded.
- Complaints
Any complaint must be forwarded to SUDSTAR by calling +39 0710974283 (active from Monday to Friday, from 09:00 to 20:00) and Saturday from 9 to 12. or by email to the following address sudstar@sudstar.eu. In the event of a complaint of quality defects, the Customer is also required to provide a photo of the Product that is the subject of the dispute,
SUDSTAR undertakes to act within 7 working days from the date of receipt of the complaint.
- Trademark Protection
Any trademark or other distinctive sign that distinguishes the products sold on the Site belong to the exclusive ownership of SUDSTAR DI GUTIERREZ RUTH CLAUDIA.
Any use that does not comply with the law is prohibited and entails the right of SUDSTAR DI GUTIERREZ RUTH CLAUDIA to compensation for damages pursuant to the Industrial Property Code, the legislation on intellectual property and the legislation on unfair competition.
It is in no way permitted to use these trademarks and any other distinctive sign present on the site to take unfair advantage of the distinctive character or reputation in such a way as to be detrimental to the owners.
- Applicable Law and Jurisdiction
Preference is given to the amicable settlement of any dispute through the use of the remedies provided for by European consumer protection legislation.
The General Terms and Conditions and the sales contracts between the Client and SUDSTAR are concluded in Italy and are governed exclusively by Italian law.
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to Italian jurisdiction.
Without prejudice to the provisions of the Consumer Code, any dispute between the parties regarding this contract will be subject to the exclusive jurisdiction of the Court of Ancona to the exclusion of any other alternative court.
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Pursuant to and for the purposes of art. 1341 of the Italian Civil Code, the Client declares that he/she has specifically examined and approved the following clauses: 7 (transport and delivery); 8 (cancellation and modification of shipment); 9 (warranties and lack of conformity); 10 (of withdrawal); 11 (errors and limitations of liability), 14 (applicable law and forum).