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 number and tax ID 02488180502, share capital €10,000 fully paid-in—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 Website; 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 warranted by the Supplier in accordance with applicable Italian law, except for any additional warranties 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 agreement governing the relationship between the Supplier and Users and the sale or provision of the Products offered through the Site; in the definition of terms, “days” always refer to business days.

ART. 3

FORMATION, CONCLUSION, AND EFFECTIVENESS OF THE TERMS AND CONDITIONS

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 terms and methods, the delivery address, and the general delivery times (while specific delivery times are listed on the product page); 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 these Terms, in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders placed by Users after the date on which the changes to the Terms are communicated.
The User is therefore encouraged to review the Terms 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 information 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 DELETION AND CLOSURE

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

In the event of a violation by the User of these Terms or applicable laws, the Provider reserves the right to suspend or close the User’s account at any time and without prior notice.

ART. 6

PURCHASES ON THE SITE

The purchase of one or more Products through the Website is permitted both to Users who qualify as Consumers and to Users who do not qualify as such. Pursuant to Art. 3, Paragraph 1, Subparagraph 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 Website as accurately as possible. Nevertheless, some errors, inaccuracies, or minor differences may arise between the Website and the actual Product. Furthermore, any photographs of the Products displayed on the Website do not constitute a contractual element, as they are for illustrative purposes only.

The User expressly grants the Supplier the right to accept the order, even partially (for example, if not all of the 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 applicable taxes and/or shipping costs to be borne by the User will be indicated before the purchase is confirmed.

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

Payment may be made using one of 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. They acknowledge that the installments will be assigned to Incremento SPV S.r.l., its affiliates, and their assignees, and they authorize such assignment.

Heylight

By paying with Heylight, the User can choose to pay for the Products in up to 24 installments, with 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

Payment in cash directly to the courier upon delivery of the Product, which incurs a fixed additional fee of 9.99 euros plus a variable fee of 2% of the total order amount (available only in Italy).

Credit/Debit Card

Credit, debit, and prepaid cards are accepted. Accepted card networks include Visa, Mastercard, Maestro, Postepay, Discover, Aura, and American Express. Neither the Supplier nor any third parties will ever have access to the User’s card information, as it is securely processed using VivaWallet’s advanced banking technology.

Bank Transfer

Upon completion of the order, the User will receive an email with the account holder’s name and IBAN. Delivery times for the Product when 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 selected by the User. In the event the User exercises their right of withdrawal, the refund will be issued no later than 14 days from the date the Supplier becomes aware of the withdrawal.

The Site uses third-party payment processing tools and does not have access to the payment data provided (credit card numbers, cardholder names, passwords, etc.).

Should these 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 such information is true and accurate, and hereby fully indemnifies the Supplier in this regard.

ART. 9

DELIVERY METHODS FOR PHYSICAL PRODUCTS

“Physical Product” means any movable good 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 terms specified on the Website 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 the quantity listed 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 on the outer packaging. The User is responsible for failure to accept delivery of the Products, and any resulting costs incurred by the Supplier shall be borne by the User.

If an order exceeds the quantity currently 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, and will ask 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 fulfillment 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; the User is entitled only to a refund of any price paid.

Specific delivery times to foreign countries are to be considered approximately seven days longer than those stated in the Product description.

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, provided they pay the shipping costs for returning the product and do so without specifying a reason within 14 days from the date of delivery of the product. The right of withdrawal does not apply to custom-made, made-to-order, or personalized Products (for 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.

Submission of this notice may be validly substituted by returning the purchased Product within the same 14-day period starting from the Product’s delivery date; in such cases, 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 charges 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 the User used 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; alternatively, the Supplier may, at its own expense, pick up the Product and deduct the cost incurred from the refund of the amount paid by the User; however, the Supplier will not reimburse incidental expenses such as, for example, cash-on-delivery fees or gift wrapping costs.

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 subjected to any handling other than that necessary to determine the nature, characteristics, and functioning of the Product. Return shipping costs for unfounded returns will be charged in full 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 Website and/or individual Content and/or materials available thereon, unless otherwise specified.

All trademarks, whether figurative or word marks, and all other signs, trade names, service marks, word marks, commercial designations, illustrations, images, and logos appearing on the Site are and remain the property of the Provider 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 Provider’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, or 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 against legal claims—that may arise from damages caused to other Users or third parties in connection with uploaded Content or the violation of applicable laws or the terms of these Terms and Conditions.

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

The Supplier’s performance of its obligations shall be deemed suspended for the duration of such force majeure events.

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

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

ART. 15

WAIVER

No waiver by either party of any provision of these Terms shall be effective unless it is expressly stated to be a waiver and is 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 severable from these Terms and shall not affect the remaining provisions, which shall remain in full force and effect to the fullest extent permitted by law.

ART. 17

PRIVACY

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be viewed at www.donatif.com. Please also note that all telephone calls are recorded for the purpose of monitoring and improving the quality of the service provided, in compliance with applicable data protection laws.

ART. 18

GOVERNING LAW AND JURISDICTION

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