GENERAL TERMS AND CONDITIONS
1. General provisions
1.1 These General Terms and Conditions, Consumers, shall apply to all legal relationships formed via the online shop www.funkysnowboards.com between the company ‘Funky snowboards s.n.c. di Isacco Mantegazza e Luca Cozzi, via Viganò 15, Como (CO), 22100, Italy, and its customers.We herewith reject any deviating contractual provisions of the customer specified upon ordering. These shall not form integral parts of the contract, even if we do not expressly stipulate so again at the time of contract acceptance.
1.2 The General Terms and Conditions in the version applicable at the time of contract conclusion shall apply. They are available at any time at www.funkysnowboards.com and may be stored free of charge by downloading and/or printing.
2. Contract conclusion
2.1 The information on goods at www.funkysnowboards.com does not constitute a binding offer on the part of Funky snowboards s.n.c. but an invitation to the customer to submit to Funky snowboards s.n.c. an offer for the purchase of goods in the online shop of Funky snowboards. In order to purchase the desired goods the customer clicks on the appropriate buttons (e.g. “Get it”) and enters the information subsequently requested on the order page.
2.2 The customer shall be given an opportunity to view all information prior to placing a binding order, and to correct any errors. Prior to sending an order, customers shall be required to accept the General Terms and Conditions of Funky snowboards; these as well as information on revocation shall be available to the customer for viewing and, where required, download and/or printing, prior to acceptance. The subsequent submission of a binding order (e.g. button “Place binding order”) shall constitute a binding offer by the customer to Funk snowboards to purchase the goods.
2.3 Funky snowboards s.n.c. shall accept the order by email to the customer within three working days (Monday to Friday with the exception of public holidays), or shall declare tacit acceptance by dispatching the goods. Where the customer does not receive email notice of acceptance of the order and the goods are not received within 14 days of ordering, no contract shall have come about.
2.4 Funky snowboards s.n.c. shall inform the customer by email in the event of delays to delivery, and the duration of such delays, and of unavailability of ordered goods. The customer shall then no longer be bound by the order or may reply to confirm acceptance of the later delivery.
3. Prices, dispatch and place of delivery
3.1 The current gross prices (incl. VAT) applicable at the time of ordering and the shipping costs shown alongside the respective goods and later in the shopping cart shall apply.
Funky snowboards offers the following payment methods: Credit/debit card, Paypal.
3.2 Goods shall be dispatched to the delivery address stated in the order. We regret that shipping to different countries which are not included in the list of shipping charges is not possible.
4. Return shipping costs in the event of revocation
Where the customer revokes the contract, the costs of return shipping shall be payable by the customer, provided the goods are delivered as ordered.
5. Dispatch, transfer of risk, retention of title
5.1 Goods shall be dispatched to the delivery address stated by the customer. Goods which Funky snowboards holds in stock shall be dispatched within 2-5 working days.
5.2 Shipping of the goods shall be at the risk of Funky snowboards. The risk of accidental loss and accidental deterioration of the goods shall transfer to the customer upon handover to the same. This shall not apply to return shipping of the goods, which shall be at the risk of Funky snowboards s.n.c.
5.3 The goods shall remain the property of Funky snowboards s.n.c. until full payment of the purchase price is received.
6. Customer rights in the event of defects
6.1 A warranty is provided in accordance with the statutory provisions, with the exception that liability for damages is limited to cases of intent and gross negligence.
If you have any problems with your online order we would like you to get in touch with us. We always appreciate a direct contact with our customers and would like to please everyone.
7. Liability of Funky snowboards s.n.c.
7.1 Funky snowboards s.n.c., its bodies and vicarious agents shall, notwithstanding the following limitations of liability, always be liable in the case of intent, gross negligence, personal injury or death.
7.2 Funky snowboards s.n.c. shall not be liable for ordinary negligence unless essential contractual obligations of Funky snowboards s.n.c. are affected. (“Essential contractual obligations” are obligations the fulfilment of which constitutes a precondition for the very performance of the contract). Where Funky snowboards s.n.c. is liable for ordinary negligence liability shall be limited in terms of amount to damage typical of the type of agreement and foreseeable by Funky snowboards s.n.c. at the point of contract conclusion.
A right to offset claims of the customer shall only apply where the customer’s counterclaims have been finally established by a court of law or are undisputed by Funky snowboards s.n.c.
9. Revocation clause
9.1 Right of revocation
You have the right to revoke this contract within 30 days without stating reasons. The 30-day revocation period shall commence on the day on which you or a third party nominated by you, who is not the carrier, take(s) possession of the final goods included in the respective order. In order to exercise your right of revocation, you must inform us at [email protected] by way of an unambiguous declaration stating your decision to revoke this contract.
The revocation deadline shall be deemed met if the notification of exercise of the right of revocation is dispatched prior to the expiry of the revocation period.
Consequences of revocation
If you revoke this contract we shall refund all payments we have received from you, including delivery costs (with the exception of any additional costs incurred due to a delivery option other than the most economic standard option offered by us having been chosen), without delay and at the latest within 30 days of the day on which we receive your notice of revocation of this contract. We shall use the same payment method used in the original transaction to provide the refund unless we have expressly agreed otherwise; in no event shall you be charged any fees related to this refund. We may refuse to provide the refund until we have received the goods or until you have provided proof that you have sent the goods, whichever is sooner.
You must return or hand back the goods to Funky snowboards s.n.c., via Francesco Viganò 15, Como (CO), Italy, without delay and at all events at the latest within 14 days from the day on which you inform us of your revocation of this contract. The deadline shall be deemed met if you dispatch the goods prior to the expiry of the 14-day period.
Provided the goods were delivered as ordered, the costs of return shipping shall be payable by you.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling which was not necessary in order to check the quality, properties and functionalities of the goods.
10. Data protection
10.1 Funky snowboards s.n.c. collects and uses personal and partially pseudonymised or anonymised customer data in operating the online shop and when receiving and executing orders, including delivery, invoicing and payment control. In all these processes Funky snowboards s.n.c. strictly observes the data protection regulations applicable in Italy.
10.2 As stipulated in Section 2 of the Consumer Information, the contracting party with whom the customer enters into a contract shall in each case be Funky snowboards s.n.c., even if the customer orders from a different online shop operated by Funky snowboards s.n.c.
10.3 Funky snowboards s.n.c. shall collect, store, edit, use or transmit personal data where this is necessary for the conclusion, performance or termination of a contract or an obligation resembling a legal transaction with regard to the customer and where this is required for the safeguarding of its legitimate interests and where there is no reason to suppose the existence of overriding customer interests which merit protection and require exclusion of his or her data from processing or use. Funky snowboards s.n.c. transmits personal data to subcontracted service providers for the purposes of order implementation. In addition, Funky snowboards s.n.c. uses address data for first-time orders paid by invoice or instalments in order to assess the risk of shortfalls in payment in any individual case. Funky snowboards s.n.c. also uses order and address data for marketing purposes of Funky snowboards s.n.c.
Please note: You may object to the collection, processing, use and transmission of your personal data for marketing purposes at any time by sending a notification, requiring no particular form, by email to [email protected] Your objection shall not extend to use required in order for us to perform our contract with you.
10.4 Upon each website visit, necessary technical information shall unavoidably be exchanged between the server and the customer’s computer (URL, browser type, other technical attributes).
In order to improve navigation and facilitate use of the order process and other services on the website, small, session-specific text files (cookies) shall be created and temporarily stored on the user’s device.
10.5 This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies” ‒ text files that are stored on your computer and that enable an analysis of your use of the website. The information about your use of this website generated by the cookie is generally sent to a Google server in the USA and stored there. IP anonymisation is activated on this website, so that, within the member states of the European Union and other states participating in the Agreement on the European Economic Area, users’ IP addresses are shortened by Google prior to transmission. Only in exceptional cases will a full IP address be transmitted to a Google server in the USA and be shortened there.
Google shall use this information on behalf of the operator of this website in order to analyse your use of the website, compile reports on website activity, and provide further services related to website and Internet use to the website operator. The IP address transmitted by your browser in the context of Google Analytics shall not be combined with other Google data.
You may prevent the storage of cookies by editing the settings in your browser software accordingly. However, please note that in this case you may not be able to make full use of all functions of this website. In addition, you may prevent collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google and processing by Google by downloading and installing the browser plug-in available under the following link, currently: http://tools.google.com/dlpage/gaoptout?hl=de“.
10.6 Customers may at any time request information on the data stored on their person and, where applicable, correction, blocking or deletion of these data.
11. Final provisions
11.1 The law of the Italian Republic shall apply, under exclusion of UN law on the sale of goods. The applicability of mandatory laws of the state in which the customer has his or her customary place of abode at the time of contract conclusion shall be unaffected by this choice of law.
11.2 Where one or several provisions of these General Terms and Conditions are or become invalid or unenforceable this shall not affect the validity of the remaining contractual provisions. The invalid or unenforceable provision shall be replaced by a provision which approximates as closely as possible in economic and legal terms to the parties’ intentions when formulating the original provision. The same shall apply to any gaps in the agreement.