Terms of Sale

ART. 1

IDENTIFICATION

These General Terms and Conditions of Contract applicable to transactions conducted through the website www.donatif.com (hereinafter referred to as “the Site”) govern the offer and sale of goods and/or services promoted online by Sports Innovation Srl (hereinafter “the Supplier”), with registered office in Crespina Lorenzana (PI), Via Galileo Galilei, nos. 21/29, VAT No. - Tax ID 02488180502, share capital €10,000 fully paid-up - REA PI-257314 - Email: [email protected] - Tel. 39 050 705 1134.

ART. 2

DEFINITIONS

Supplier: Sports Innovation Srl
Products: the Products and/or services offered through the Site; the “ MADE IN ITALY ” Products are manufactured in the Supplier’s laboratories and are expressly marked with the “MADE IN ITALY” symbol on the Product page; the Products are guaranteed by the Supplier in accordance with applicable Italian law, subject to any additional guarantees in favor of the User contained in the Product pages;
User: the individual who accesses the Site, regardless of legal status or purpose, and who is interested in the Products offered through the Site;
Consumer: a natural person acting for purposes unrelated to any commercial, craft, or professional business activity they may carry out;
Terms: this contract governing the relationship between the Supplier and Users and the sale or provision of the Products offered through the Site; in the indication of terms, days are always understood to be business days.

ART. 3

ENTRY INTO FORCE, CONCLUSION, AND EFFECTIVENESS OF THE TERMS

The contract for the purchase of the Products is concluded by accurately completing and submitting the order form via the website www.donatif.com or by accepting the quote, even outside the Website.

This form includes the details of the purchaser and the order, the price of the purchased Product, any additional charges, the payment methods and terms, the delivery address, the general delivery times (while specific delivery times are visible in the product sheet), while information regarding the right of withdrawal and consent to the processing of personal data can be found on the Website.

When the Supplier receives the order from the User, it will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the information mentioned in the previous point.

The Supplier may modify or simply update, in whole or in part, these Terms and Conditions. The User acknowledges and agrees that any changes to these Terms and Conditions will apply to orders placed by Users after the date of notification of the changes to the Terms and Conditions.
The User is therefore invited to review the Terms and Conditions each time they access the Website and is advised to print a copy for future reference.

ART. 4

REGISTRATION

In order to use certain features of the Site, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (available on the Site and displayed at the time of the User’s registration) and these Terms and Conditions, or
. The User is responsible for safeguarding their login credentials. It is understood that under no circumstances shall the Provider be held liable in the event of loss, disclosure, theft, or unauthorized use by third parties, for any reason whatsoever, of Users’ login credentials.

ART. 5

ACCOUNT CANCELLATION AND CLOSURE

Registered Users may deactivate their accounts or request their cancellation through the Website interface, by sending a written notice to the email address [email protected], or by calling Customer Service at 050 705 1134.

The Provider reserves the right to suspend or close the User’s account at any time and without notice in the event of a violation by the User of these Terms or applicable legal provisions.

ART. 6

PURCHASES ON THE SITE

The purchase of one or more Products through the Site is permitted both to Users who qualify as Consumers and to Users who do not qualify as such. Pursuant to Article 3, Paragraph 1, Letter a) of Legislative Decree 206/2005 (“Consumer Code”), please note that Consumers are defined as natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out.

The Supplier undertakes to describe and present the Products sold on the Site in the best possible manner. Nevertheless, some errors, inaccuracies, or minor differences may arise between the Site and the actual Product. Furthermore, any photographs of the Products on the Site do not constitute a contractual element, as they are merely illustrative.

The User expressly grants the Supplier the right to accept the order, even partially (for example, if not all ordered Products are available); in such a case, the contract shall be deemed concluded with respect to the Products actually sold.

The Supplier reserves the right to refuse an order:

1. When the Product is unavailable;

2. When authorization to charge the User for the cost of the Product is denied;

3. When, at the time of purchase, a price is indicated that is clearly incorrect and recognizable

as such. In such a case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.

ART. 7

PRICES AND PAYMENTS

The Supplier reserves the right to modify, at any time, the price of the Products and any associated shipping costs. It is understood that any such modifications shall in no way affect contracts already concluded prior to the modification.

The sales prices of the Products include VAT, if applicable; any other taxes and/or shipping costs to be borne by the User will be indicated prior to purchase confirmation.

The User agrees to pay the price of the purchased Product within the timeframes and in the manner indicated on the Website.

Payment may be made by choosing from the following payment methods:

Scalapay

Customers who purchase with Scalapay receive their order immediately and pay in three installments for a maximum order amount of 3,000.00 euros, and acknowledge that the installments will be assigned to Incremento SPV S.r.l., its affiliates, and their assignees, and that they authorize such assignment.

Heylight

By paying with Heylight, the User can choose to pay for the Products in up to 24 installments for a maximum order amount of 5,000.00 euros.

Grenke

Grenke is an operating lease that allows for terms of up to 60 months for a maximum order amount of

100,000.00 euros.

PayPal

PayPal allows you to pay quickly using your PayPal account.

Cash on Delivery

Cash payment directly to the courier upon delivery of the Product, which includes a fixed additional fee of €9.99 plus a variable fee of 2% of the total order amount (available only in Italy).

Credit Card

Credit, debit, and prepaid cards are accepted. Accepted card networks include Visa, Mastercard, Maestro, Postepay, Discover, Aura, and American Express. The Supplier or third parties will never have access to the User’s card details, as they are securely processed using the advanced technology of the VivaWallet bank.

Bank Transfer

Upon order completion, the User will receive an email with the account holder’s name and IBAN. Delivery times for the Product using this payment method may take up to three business days.

Any refunds to the User will be credited promptly via one of the methods offered by the Supplier and chosen by the User. In the event of exercising the right of withdrawal, this will occur no later than 14 days from the date the Supplier became aware of the withdrawal.

The Site uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card numbers, cardholder names, passwords, etc.).

Should such third-party tools deny payment authorization, the Supplier will be unable to provide the Products and will not be liable for any delay or failure to deliver.

ART. 8

ORDER SUMMARY

The User is always provided with an order summary for the purchased products. The order summary is based on the information provided by the User, who declares and guarantees that it is true and accurate, and releases the Supplier from any liability in this regard.

ART. 9

DELIVERY METHODS FOR PHYSICAL PRODUCTS

A “Physical Product” means any movable item offered through the Site or as specified in Art. 3.

The physical products ordered will be delivered to the User at the address provided by the User, in accordance with the methods indicated on the Site at the time of purchase.

Upon receipt, the User is required to inspect the packaging of the Product delivered for the order placed and must verify that the number of packages received matches what is stated on the shipping document; if these conditions are not met, the User must indicate “acceptance subject to reservation” on the shipping document and promptly notify the Supplier of the issue; otherwise, the Supplier shall not be liable for missing Products and/or damage to Products clearly visible from the outer packaging. The User is responsible for failure to collect the Products, with any costs incurred by the Supplier to be borne by the User.

If an order exceeds the quantity available in stock, the Supplier will notify the User via email whether the Product is no longer available for order or what the estimated wait time is to obtain it, asking whether the User intends to confirm the order or not.

The Supplier assumes no liability for any delay or failure to deliver the Product attributable to force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the order within the agreed-upon timeframe. The Supplier shall not be liable to any party or third party for damages, losses, or costs incurred as a result of the failure to perform the contract due to the causes mentioned above, and the User shall be entitled only to a refund of any price paid.

Delivery times to foreign countries are to be considered approximately seven days longer than those stated in the Product sheet.

ART. 10

RIGHT OF WITHDRAWAL FOR PHYSICAL PRODUCTS

A User acting as a consumer who, for any reason, is not satisfied with the purchase of physical products has the right to withdraw from the contract, paying the shipping costs for returning the product, and without specifying a reason, within 14 days from the date of delivery of the product. The right of withdrawal is excluded in the case of custom-made, made-to-order, or personalized Products (by way of example, products marked with the symbol “MADE IN ITALY” or with delivery in 60/90 days).

To withdraw from the contract, the User must contact the Supplier at the email address [email protected] or call Customer Service at 050 7051134 before the withdrawal period expires, notifying the Supplier of the withdrawal and providing their personal information, order number, and order ID.

The submission of this notice may be validly replaced by returning the purchased Product within the same 14-day period starting from the date of delivery of the Product; in such a case, the date of delivery to the carrier shall be deemed valid between the parties.

In the event of withdrawal, the Supplier will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User notified the Supplier of their intention to withdraw from the contract.

The Supplier will refund the User using the same payment method used by the User for the online purchase or another method at the Supplier’s discretion.

The User may return the Products at their own expense, without undue delay and in any case within 14 days from the date on which they notified the Supplier of their decision to withdraw, or the Supplier, at their own expense, may collect the Product and deduct the cost incurred from the refund of the amount paid by the User; however, the Supplier will not reimburse ancillary costs such as, for example, cash-on-delivery fees or gift wrapping.

The User is responsible for the integrity of the Product as long as it remains in their possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition.

The Product must not have been subject to any handling other than that necessary to establish the nature, characteristics, and functioning of the Product. Return costs for unfounded reasons are charged entirely to the User.

ART. 11

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Supplier declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the materials and content available on the Site.

These Terms do not grant the User any license to use the Site and/or individual Content and/or materials available thereon, unless otherwise provided.

All trademarks, whether figurative or word marks, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing on the Site are and remain the property of the Supplier or its licensors and are protected by applicable trademark laws and relevant international treaties.

Any unauthorized reproduction in any form of the explanatory texts and content of the Site shall be considered a violation of the Supplier’s intellectual and industrial property rights.

ART. 12

LIMITATION OF LIABILITY

The Supplier assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, and other means of payment when paying for purchased services, provided that the Supplier demonstrates it has taken all possible precautions based on the best available knowledge and experience at the time and in accordance with ordinary diligence.

The User agrees to indemnify and hold harmless the Supplier (as well as any subsidiaries or affiliates thereof, its representatives, collaborators, consultants, directors, agents, licensees, partners, and employees) from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise in connection with damages caused to other Users or third parties, in relation to the uploaded Content or the violation of legal provisions or the terms of these Terms and Conditions.

Therefore, the Supplier shall not be liable for:

1. Any losses that are not a direct consequence of a breach of contract by the Provider

2. Any loss of business opportunity and any other loss, including indirect losses, that the User may suffer (such as, by way of example and without limitation, business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss
of reputation or goodwill, etc.)

3. Incorrect or improper use of the Application by Users or third parties

4. The issuance of incorrect tax documents due to errors in the data provided by the User, the User being solely responsible for its correct entry.

ART. 13

FORCE MAJEURE

The Supplier shall not be held liable for the failure or delay in fulfilling its obligations due to circumstances beyond the Supplier’s reasonable control resulting from force majeure events or, in any case, from unforeseen and unforeseeable events and, in any case, beyond its control, such as, by way of example and without limitation, failures or interruptions to telephone or power lines, the internet, and/or other transmission tools, unavailability of websites, strikes, natural events, viruses, and cyberattacks, interruptions in the provision of third-party products, services, or applications.

The Supplier’s performance of its obligations shall be deemed suspended for the period during which force majeure events occur.

The Supplier shall take all measures within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events. In the cases described above, the User shall not be entitled to any refund.

ART. 14

LINKS TO THIRD-PARTY SITES

The Site may contain links to third-party sites. Some of these links may lead to third-party sites that provide services through the Site. The Supplier exercises no control over them and, therefore, is in no way responsible for the content of these sites.

In such cases, the general terms and conditions for the use of the site and for the use of the service established by the third parties shall apply to the individual services, for which the Provider assumes no responsibility.

ART. 15

WAIVER

No waiver by either party of any provision of these Terms shall be effective unless expressly stated to be a waiver and communicated in writing.

ART. 16

INVALIDITY OF INDIVIDUAL CLAUSES

If any provision of these Terms is found to be illegal or invalid, it shall be deemed severed from these Terms and shall not affect the remaining provisions, which shall remain in full force and effect to the maximum extent permitted by law.

ART. 17

PRIVACY

The protection and processing of personal data shall be carried out in accordance with the Privacy Policy, which can be viewed at www.donatif.com

ART. 18

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and all disputes regarding their execution, interpretation, and validity are subject to Italian law and the exclusive jurisdiction of the court in the location where the Supplier is headquartered. The User hereby declares acceptance of the above general terms and conditions and, separately, the specific clauses listed below: Art. 9 (Delivery Methods for Physical Products), Art. 12 (Limitation of Liability), Art. 13 (Force Majeure), Art. 14 (Links to Third-Party Sites), and Art. 18 (Governing Law and Jurisdiction), which the User declares to approve separately from the general terms and conditions of the contract, having read them carefully, become familiar with them, and understood their content.