GENERAL TERMS AND CONDITIONS

 
1. Subject of the contract

1.1. These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between:

1. Skicarosello Corvara Konsortialgesellschaft m.b.H. (hereinafter the “Vendor”), whose registered office is located at Str. Col Alt 40, 39033 Corvara (BZ), Italy, tax and VAT number 01107880211; and
2. the natural or legal person or entity purchasing products via the Vendor’s website www.shop.moviment.it (hereinafter the “Customer”).

These GTC govern the reciprocal rights and obligations of the Vendor and the Customer in connection with the online sale of the products (hereinafter the “products”) offered on the website www.shop.moviment.it (hereinafter the “website”).

1.2. By purchasing the products, the Customer agrees to these GTC in full and without reservation.

1.3. Derogating terms and conditions, contractual clauses or Customer claims shall only apply if they have been expressly recognised in writing by the Vendor: these GTC shall otherwise take precedence.

1.4. The Vendor reserves the right to amend or supplement these GTC at any time. Amendments will apply from the time of their publication on the website. For orders placed prior to the date of publication, however, the GTC valid at the time of finalisation of the order shall continue to apply.

2. Orders

2.1. Each product offered for sale is described and illustrated on the website with the corresponding unit price inclusive of VAT and the available colours, sizes, dimensions or formats. Some products are for promotional purposes only and are not available for purchase.

2.2. Despite the utmost care taken by the Vendor to ensure the faithful representation of its products on the website, deviations may occur due to technical circumstances or the colour resolution of the Customer’s end device. Illustrations and colours therefore serve only as non-binding examples. The Vendor accepts no liability whatsoever for any non-conformities arising from the above reasons.

2.3. Orders are to be placed via the online sales portal on the website. The Customer must exactly follow the instructions in the ordering process (hereinafter the “order” or “orders”). No terms and conditions of sale that deviate from these GTC may be stated in the orders.

2.4. The Customer is obliged to enter all information carefully and to check the contents of the order before confirming it. Before finalising the order, the Customer is asked to accept the contents of the order and the GTC. The order cannot be finalised without this acceptance. The order can be changed or corrected at any time before its confirmation by the Customer. An order that has already been confirmed by the Customer can no longer be changed – subject to the mandatory legal provisions – and can only be cancelled in accordance with Arts. 2.7 and 2.8 of these GTCs.

2.5. By confirming an order, the Customer makes a binding offer to conclude a contract. The contract is only concluded when the Vendor accepts the order in accordance with Art. 2.4 and confirms this by completing the online ordering process and sending an order confirmation to the Customer by e-mail. This e-mail contains a summary of the essential order data, such as customer data, methods, shipping address, product details (model, colour, size), as well as the price and any shipping costs.

2.6. Acceptance of the order by the Vendor in accordance with Art. 2.5 constitutes a legally binding contract of purchase. These GTC form part of this contract and, among other things, oblige the Customer to pay the total price.

2.7. If the Customer is a consumer for the purposes of Legislative Decree no. 206/2005 as amended (the “Consumer Code”), of EU Directive no. 83/2011, or of other applicable provisions, it has the right to withdraw from the contract of purchase within 14 days of delivery of the goods (or the latest partial delivery), without giving any reason and without any cost arising, except for the costs of returning the goods. Such returns must be made by handing over the products in their original packaging to the courier service together with the return form (if enclosed in the packaging of the purchased product), or with a written declaration that the right of withdrawal is being exercised.

2.8. If the Customer is not a consumer for the purposes of the provisions mentioned at Art. 2.7, it may cancel the order no later than two working days following its confirmation by the Vendor. Cancellations are only possible at a later date with the express written consent of the Vendor. Without such consent, the cancellation will not be taken into account and the order will be duly executed.

2.9. If the right of withdrawal or cancellation pursuant to Art. 2.7 and 2.8 is effectively exercised, the Vendor shall refund the Customer the amount corresponding to the value of the returned or cancelled products within 14 days of receipt of the returned goods or of the cancellation.

3. Prices and payment methods  

3.1. All prices quoted on the website are in euros and include VAT. Any shipping costs are included in the total amount of the order.

3.2. The Vendor reserves the right to change prices or product availability without notice, at its sole discretion and at any time, for example by removing or adding products or updating product versions or prices already on the website. Such changes shall apply from the date of their publication on the website. For orders already confirmed by the Customer, the prices at the time of finalisation of the order shall remain valid.

3.3. Payment for the products purchased by the Customer on the website is due upon order confirmation and can only be made using the payment methods given on the website as part of the purchasing procedure.

3.4. An order will only considered to have been successfully completed once the credit or debit card details entered by the Customer have been verified and authorisation has been received from the card issuer.

3.5. The Customer’s credit and debit card details will be processed in the strictest confidence by the payment system operator. The Vendor is in no way liable for the fraudulent or improper use of payment data by third parties. If any fraudulent use of credit and/or debit cards is suspected, the Vendor reserves the right to cancel transactions and refuse orders.

4. Availability of products

4.1. The Customer recognises that the stock of products offered on the website is limited. Unavailable products may also be displayed on the website; however, it is not possible to cannot be confirm orders for such products during the purchase process. A message will instead appear stating the lack of availability of the product and preventing the order from being finalised. An unavailable product may again become available at any time without this giving rise to any liability on the part of the Vendor.

5. Shipping and delivery of products  

5.1. The Vendor undertakes to process each confirmed order as quickly as possible, in any case within three working days from the day following receipt of the order.

5.2. Shipping is carried out by a transport company selected at the Vendor’s own discretion. Shipping costs will be borne exclusively by the Customer. They are shown at the end of the order process – before confirmation – together with any other costs incurred in connection with the purchase.

5.3. The products will be delivered to the address specified in the order. For security reasons, no deliveries will be made to PO boxes, nor to recipients or addresses that cannot be clearly identified. Any delivery deadlines, as stated in the order confirmation or in the e-mail accepting the order, shall be non-binding. Missing such deadlines will not constitute a breach of contract and will not entitle the Customer to any compensation.

5.4. Upon delivery of the purchased products, the Customer is obliged to check (i) that the products and quantities received correspond to the order and (ii) that the packaging of the products is intact. Any discrepancies in the delivery must be immediately reported to the Vendor in writing, (i) stating in particular any errors in terms of quantity and product type or packaging damage and (ii) enclosing suitable evidence (e.g. photos or videos).

5.5. Within 14 days of delivery (or within a longer period provided for by law pursuant to Legislative Decree no. 206/2005 (Consumer Code) as amended, EU Directive 83/2011, or other applicable provisions), the Customer, if a consumer, is obliged (i) to check that the delivered Products are free of defects, (ii) to document any defects in photographic or video form and (iii) to report these to the following e-mail address, stating the order data and giving a detailed and documented description: shop@moviment.it. If the Vendor deems necessary, the Customer is obliged to send the products to the Vendor’s registered office for technical inspection. The shipping costs incurred shall be borne by the Customer and only reimbursed if the defects subject to complaint are also confirmed by the Vendor.

5.6. If no complaint is made within the periods stipulated in Arts. 5.4. and 5.5. and in compliance with the stipulated modalities, the products shall be deemed to have been delivered in accordance with the contract. In this case, any further claims by the Customer regarding quantity or quality will be excluded, subject to the mandatory legal provisions, in particular regarding the consumer’s right of cancellation.

6. Warranties  

6.1. If the Customer is a consumer pursuant to Legislative Decree no. 206/2005 (the Consumer Code) as amended, EU Directive 83/2011, or any other relevant provision, the products are subject to the legal guarantee of conformity pursuant to Art. 128 ff. of the above-mentioned decree. In this case, the Vendor is liable for defects in conformity that exist at the time of delivery and become apparent within two years of delivery. Customers who are consumers are entitled to have defects remedied free of charge by repair or replacement; to an appropriate price reduction; or to cancellation of the contract pursuant to Art. 130 of Legislative Decree no. 206/2005 (the Consumer Code) as amended. In the absence of any other written agreements between the parties, Customers who are consumers must return the defective products to the Vendor by handing them over to the carrier for shipping. Customers who are consumers will forfeit the above rights if they fail to notify the Vendor of a defect in conformity within a period of two months from the date of discovery of such defect. The direct assertion of any defect that has not been deliberately concealed by the Vendor shall in any case be limited to a period of 26 months following delivery of the product. The costs of restoring the products to conformity, including shipping costs, shall be borne exclusively by the Vendor.

6.2. If the Customer is a consumer pursuant to Legislative Decree no. 206/2005 (the Consumer Code) as amended, or EU Directive no. 83/2011, or other applicable provisions, the products will be covered by the statutory warranty in accordance with the Italian Civil Code.

7. Intellectual property rights  

7.1. The Customer acknowledges that all trade names, images, trademarks, designs, logos, whether registered or unregistered, and all other intellectual property rights (hereinafter “intellectual property rights”) relating to the products owned or otherwise available to the Vendor or its subsidiaries or affiliates, are the exclusive property of or licensed to the Vendor or its subsidiaries or affiliates. Therefore, by accepting these GTC or purchasing the products, the Customer will not acquire any intellectual property rights and may not benefit from them.

7.2. The Customer is prohibited from removing the Vendor’s trademarks, logos or other commercial references from the products without the Vendor’s prior written consent. Any alteration of the Vendor’s trademarks, logos or other commercial indications or labels attached to the products will constitute an infringement of the Vendor’s intellectual property rights.

7.3. The Customer may not register nor attempt to register any of the Vendor’s intellectual property rights. Similarly, the Customer may not use nor attempt to register any logos, trademarks or designs that might be confused with the Vendor’s intellectual property (even if not registered).

8. Protection and processing of personal data  

All personal data provided by the Customer to the Vendor will be processed in accordance with Regulation (EU) no. 2016/679 and Italian Legislative Decree no. 196/2003. Such personal data will be processed by the Vendor for the purpose of concluding and duly executing the contract of purchase, including the registration of orders via the website, as further explained on the website in the relevant privacy policy pursuant to Art. 13 of Regulation (EU) no. 2016/679.

9. General provisions  

9.1. These GTC and all contracts of purchase between the Vendor and the Customer shall be governed by and construed in accordance with Italian law. The following shall apply to all disputes relating to these GTC or the contracts of purchase, including their interpretation, validity, execution or cancellation: (i) if the Customer is a consumer pursuant to Legislative Decree no. 206/2005 (the Consumer Code) as amended, the court of the Customer’s domicile or habitual residence shall have jurisdiction or this may, at the Customer’s request, be the Court of Bolzano; (ii) if the Customer is not a consumer pursuant to Legislative Decree no. 206/2005 as amended, the Court of Bolzano shall have exclusive jurisdiction.

9.2. For further information, assistance or complaints, Customers may send an e-mail to shop@moviment.it or contact the Vendor by telephone on +39 0471 836073.