Terms and conditions of the service
TERMS OF SALE FOR THE CONSUMER
PLAY S.R.L., VAT no. 02019500137, with registered office at 23871 Lomagna (LC), Via Magenta no. 27, PEC: playjuggling@pec.it, email: sales@playjuggling.com (hereinafter also “PLAY”), makes it possible for all users to purchase its products (hereinafter also the “Products”) over the Internet on the website www.playjuggling.com.
1) General notes
These general terms of sale (“General Terms”) govern exclusively the distance sale via the web of the Products as identified and listed on the website www.playjuggling.com (hereinafter the “Site”), in accordance with Italian Legislative Decree no. 206/2005, as amended (the Consumer Code), and Legislative Decree no. 70/2003, as amended (rules on electronic commerce).
These terms apply exclusively to contracts concluded with the Customer-Consumer, as identified by Article 3(a) of the Consumer Code, namely “the natural person who is acting for purposes which are outside his or her trade, business, craft or profession”.
For the Customer-Professional, as identified by Article 3(c) of the Consumer Code, namely “the natural or legal person who is acting for purposes relating to his or her trade, business, craft or profession, or an intermediary of that person”, these Terms are not valid. Specific terms of sale for the Customer-Professional are provided for that person on the Site.
Without prejudice to PLAY’s right to amend these provisions at any time, if these General Terms change, the purchase Order (hereinafter also the “Order”) is governed by the General Terms published on the Site at the time the purchaser sends the Order.
2) Subject of the contract
Under these general terms of sale, PLAY sells and the Customer-Consumer purchases at a distance the Products at the Prices shown on the relevant Site. PLAY reserves the right to make changes to them, including substantial changes and without notice, pursuant to Article 7.10.
The contract is concluded over the Internet, by accessing the website www.playjuggling.com and by placing a purchase order according to the procedure provided on that website.
Purchase contracts entered into on the Site and having the Products as their subject (hereinafter also simply the “Contract”) are concluded with PLAY.
The Customer-Consumer undertakes, before confirming the order, to read these general terms of sale, in particular the pre-contractual information provided by PLAY, and to accept them by ticking the relevant box.
By ticking the box “I accept the General Terms of Sale” when confirming the order on the Site, the Customer-Consumer acknowledges having read and accepting without reservation these Terms of Sale.
By ticking the box “I accept, in particular, the unfair terms pursuant to Article 2.6 of the General Terms of Sale” when confirming the order on the Site, the Customer-Consumer acknowledges having read and expressly accepting (pursuant to Articles 1341 and 1342 of the Italian Civil Code) the provisions of Articles 5.3 (order check), 5.4 (order amendment), 6.4 (cash on delivery), 7.2 (delivery charges), 7.3 (customs charges), 7.11 (computer error), 8.5 (costs of unsuccessful delivery attempts), 8.6 (delivery times), 8.7 (liability for delivery times), 9.2 (conditions for collection), 11.3 (conditions for withdrawal from the product), 10.4 (handling of the return), 10.5 (cost of returning the product), 10.6 (condition for restoring the product), 11.5 (reference to withdrawal), 11.7 (costs and responsibility for returning the product on withdrawal), 11.8 (check of the product’s condition before return), 11.9 (conditions for return on withdrawal), 11.10 (responsibility for returning the product without notice), 11.11 (PLAY’s right to check the product’s condition), 12.3 (conditions for the validity of the guarantee), 12.4 (PLAY’s discretion in handling the guarantee), 12.10 (conditions for PLAY to recognise the guarantee), 12.11 (exclusion of PLAY’s liability for tampering by the customer or third parties), 13.1 (procedure for returning products to PLAY) and 14.1 (prevailing language).
By ticking the box “I declare that I have read the privacy notice”, the Customer-Consumer acknowledges having read and understood the notice on the processing of his or her personal data.
By ticking the box “I consent to the processing of my personal data for marketing purposes on the basis of the Privacy Notice”, the Customer-Consumer gives consent after reading and understanding the notice on the processing of personal data for the relevant purposes.
In the order confirmation email, the Customer-Consumer will also receive a link from which to download these Terms of Sale, which in any event remain available on the Site, as provided by Article 51(1) of Legislative Decree no. 206/2005, as amended.
3) Pre-contractual information for the consumer
1. Pursuant to Article 49 of the Consumer Code, before the purchase contract is concluded the Customer-Consumer is placed in a position to know the characteristics of the goods at the time of choice and, in particular, is informed of:
1.1. the total price of the goods inclusive of taxes and ancillary charges, with a breakdown of shipping costs and every other foreseeable cost;
1.2. the methods of payment;
1.3. the exclusion of customs charges;
1.4. the exclusion of the right of withdrawal for personalised products and products made to measure, where there are any;
1.5. the existence of the legal guarantee of conformity for the products purchased.
2. From the moment the Customer-Consumer connects to the website www.playjuggling.com, and in any event before the contract is concluded, he or she can obtain all information relating to PLAY simply by scrolling down the web page (the footer), where the following details are shown:
PLAY S.R.L.,
VAT no. 02019500137, with registered office in Italy,
23871 Lomagna (LC),
Via Magenta no. 27,
PEC: playjuggling@pec.it,
email: sales@playjuggling.com,
tel. +39 039.5300351 (from 09:00 to 17:00)
4) Order
Except in exceptional cases of necessity expressly authorised by PLAY through other channels, Orders may be placed exclusively through the online ordering procedure made available on the Site www.playjuggling.com.
The Customer-Consumer correctly completes the ordering procedure if the Site does not display any error message. The system cannot detect errors in the data entered by the Customer-Consumer in the fields for the billing and shipping addresses.
PLAY sells its Products online exclusively for Orders whose amount is equal to or greater than Euro 15.00 (excluding delivery charges).
5) Conclusion and effectiveness of the contract
The Purchase Contract is deemed concluded between PLAY and the Customer-Consumer when the latter receives an email (hereinafter also the “Order Confirmation” or the “Confirmation”) at the email address given at the time of purchase, and not before.
The Confirmation will contain a summary of the order placed, including Delivery charges, charges for any further Services requested, and instructions for payment by bank transfer if the Customer-Consumer has chosen that method of payment.
The Customer-Consumer undertakes to check with the greatest care the accuracy of the data entered both at the time of purchase and, afterwards, on receipt of the Order Confirmation.
The Customer-Consumer undertakes to notify PLAY of any corrections that become necessary no later than 24 (twenty-four) hours after receipt of the Confirmation.
The Order Number communicated by PLAY must be used by the Customer-Consumer in every communication with the company.
PLAY undertakes to describe and present the Products on the Site in the best possible way, it being understood that some differences from the actual Product may appear.
The Customer-Consumer declares that he or she is aware that the photographs of the Products presented on the Site www.playjuggling.com do not form part of the contract and are merely illustrative.
6) Methods of payment
Payment by the Customer-Consumer may be made only by the methods indicated on the website www.playjuggling.com and available at the time of purchase: bank transfer, credit card, PayPal, Amazon Pay, or cash on delivery only in Italy.
In the case of payment by credit card, the Order amount is actually charged only when the order is complete and ready for shipment.
In the case of payment by PayPal, the Order amount is actually charged at the same time as PLAY sends the order Confirmation email.
Cash on delivery, at the same time as delivery of the Product, is available exclusively for deliveries in Italy, with a surcharge of Euro 8.50.
Communications relating to payment, and the data provided by the Customer-Consumer when payment is made, travel exclusively on protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
In the case of payment by Amazon Pay, the Order amount is actually charged only when the order is complete and ready for shipment.
7) Prices
All Prices of the Products indicated on the Site include VAT.
Delivery charges, as calculated and regulated in the following articles of these General Terms, are borne exclusively by the Customer-Consumer.
Any customs charges, which cannot be calculated in advance and are quantified by the competent border authorities, are borne exclusively by the Customer-Consumer, including if the Product is returned to PLAY.
The Delivery Service used by PLAY is available both for Italy and for other countries.
The cost, timing and provider of the Delivery Service used by PLAY can be selected independently by the Customer-Consumer before purchase, through a tool available on each product page, reached by clicking “Calculate shipping costs”.
The cost of the Delivery Service in Italy is Euro 5.90 for Orders whose total value (excluding transport charges) does not exceed Euro 50.00.
The Delivery Service in Italy is free for Orders whose total value (excluding transport charges) exceeds Euro 50.00.
The surcharge for cash on delivery (Article 6.4) is additional to and separate from the delivery charges.
The Price highlighted on the Site and shown in the cart at the time the Order is sent applies to the Products and Services, without regard to previous offers or any Price changes occurring afterwards.
Without prejudice to the previous article (Article 7.9), PLAY reserves the right to change at any time the prices of the Products on its website.
In the event of a computer, manual, technical or other error that causes a substantial change, not intended by PLAY, in the public selling price, making it excessive or clearly derisory, the Order will be considered invalid and cancelled, and any amount paid by the Customer-Consumer will be refunded or, if the Customer-Consumer prefers, a coupon of at least the same amount will be issued.
8) Delivery of the products
PLAY will carry out delivery (hereinafter the “Delivery Service” or simply “Delivery”) by courier, after receipt of payment, with the sole exception of cash on delivery pursuant to Articles 6.4 and 7.8.
The Customer-Consumer must therefore check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order.
If a Product and/or Service is visibly defective in quality and/or quantity and/or the integrity of the packaging, PLAY asks the Customer-Consumer to note those anomalies on the transport document by writing “CON RISERVA” (with reservation), and to contact the company immediately using the details indicated on the Site and in Article 3.2 above.
At the time of Delivery, the presence of the Customer-Consumer, or of a trusted person indicated by him or her, is always required.
Additional costs connected with unsuccessful delivery attempts that are due to failure to be present at the address provided and/or to an incorrect and/or out-of-date address are borne exclusively by the Customer-Consumer.
When the Order is completed, an estimated delivery date will be indicated. It is in any event merely indicative: scheduling of delivery remains entirely at PLAY’s discretion, and no liability can be attributed to PLAY if a change is communicated to the Customer-Consumer in advance.
The Customer-Consumer declares that he or she releases PLAY from any liability for delays caused by events, acts, facts and circumstances that were unforeseeable at the time the individual Purchase Contracts were concluded, unavoidable and in any event outside PLAY’s control (by way of example and not exhaustively: vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any kind that limit the exercise of commercial activity and/or circulation, pandemics, and so on). PLAY will make every reasonable effort to perform the obligations undertaken in the Purchase Contract. In such uncontrollable situations, PLAY will promptly communicate to the Customer-Consumer a new deadline by which it will perform the Delivery.
9) Collection in person
As an alternative to the provisions indicated above (Article 8), the Customer-Consumer may choose to collect the product in person at PLAY’s production premises.
In that case the Customer-Consumer must express that preference at the time of purchase and arrange access at the address below by contacting the dedicated line: Italy, 23871 Lomagna (LC), Via Magenta no. 27, email: sales@playjuggling.com, tel. +39 039.5300351 (from 09:00 to 17:00).
10) Discounts
Discounts, where provided, are applied automatically by the system when the Order is created.
For Orders above Euro 200.00, PLAY grants a discount of 10% on the Order total.
For Orders above Euro 500.00, PLAY grants a discount of 20% on the Order total.
Any additional discounts provided on the Site, such as, by way of example and not exhaustively, special offers, coupons and discount codes, will be combined with those applied automatically by the system when the Order is created and provided for in Articles 10.2 and 10.3.
Products in the Circus Division® and POI Makers categories are expressly excluded from the discounts in Articles 10.2 and 10.3. Specific discounts may periodically be applied to them and are expressly indicated on the relevant pages of the Site.
11) Right of withdrawal and possible exclusion
In accordance with the legal provisions in force and with what has already been set out in the previous articles, if the Customer-Consumer resides in the European Union and is a Consumer, he or she has the rights under Articles 52 and following of the Consumer Code and therefore the right to withdraw from the Purchase Contract (hereinafter also the “Right of Withdrawal”) for any reason, without explanation and without any penalty, within 14 (fourteen) days from the date of receipt of the products, in the manner set out in the following articles.
Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the PLAY Products purchased by the Customer-Consumer, provided they are not personalised or made to measure for the Consumer.
The Customer-Consumer who intends to exercise the right of withdrawal must notify PLAY by an explicit statement (hereinafter also the “Notice of Withdrawal”), which may be sent before the Withdrawal Period indicated above expires, by a means that, in his or her primary interest, allows it to be traced, such as registered post with advice of receipt or certified email, addressed to: PLAY S.R.L., with registered office at 23871 Lomagna (LC), Via Magenta no. 27, PEC: playjuggling@pec.it.
The Customer-Consumer may (he or she is not obliged to) exercise the right of withdrawal using the “model withdrawal form” in Annex I, Part B, of Legislative Decree 21/2014, the text of which is set out below:
Model withdrawal form pursuant to Article 49(1)(h)
(complete and return this form only if you wish to withdraw from the contract)
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date (*)
(*) Delete as appropriate.
Following the proper exercise of the Right of Withdrawal, pursuant to Articles 52 and following of the Consumer Code, PLAY will provide the Customer-Consumer with a Case Number to be used when returning the Product or Products (hereinafter also the “Return”).
The Return of the Product or Products must take place within 14 (fourteen) days from the date on which the Consumer communicated the decision to withdraw pursuant to Article 52 of the Consumer Code. The deadline is met if the Consumer sends back or returns to PLAY the Product or Products covered by the Withdrawal before the 14 (fourteen) days expire.
The Customer-Consumer declares that he or she is aware, having been informed by PLAY, and accepts that the transport costs relating to the return of the Product or Products covered by the Withdrawal will be borne by him or her and under his or her exclusive responsibility.
The Customer-Consumer declares that he or she is aware, having been informed by PLAY, of the need to check that the Product or Products covered by the Withdrawal are intact and in a normal state of preservation, placed in the original packaging, complete in all its parts (including packing and any accompanying documentation).
The Return of the Product or Products, for whatever reason it takes place, may take place only after agreement with PLAY on the timing, method and contents of the shipment.
PLAY will not be liable for any products sent back to its premises without prior notice of the intention to withdraw within the time limits stated above and without the return having been agreed with PLAY, and reserves the right not to collect the Products in question and also to have them returned to the sender.
If the Right of Withdrawal is properly exercised, without prejudice to the right to verify the integrity and proper functioning of the returned products after the return, PLAY refunds to the Customer-Consumer the amount paid, net of the Delivery Charges incurred for the first delivery and those for the return, which remain borne by the purchaser who changed his or her mind.
Pursuant to Article 56 of the Consumer Code, as amended, PLAY reserves the right to withhold the refund until it has received and checked the condition of the Product or Products.
Except where cash on delivery was initially chosen (Article 6.4) or otherwise agreed with PLAY, the amount will be refunded using the same means of payment used by the Customer-Consumer for the initial transaction.
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is expressly excluded for products created and, where applicable, packaged to measure (personalised), including through simulators on the Site. By way of example and not exhaustively, this includes clubs made through the Clava Sirius Generator (available here).
12) Legal guarantee
The Customer-Consumer who resides in the European Union is entitled to rely on the Legal Guarantee provided by Articles 128 to 132 of the Consumer Code, limited to the Products and Services offered and sold by PLAY.
That Guarantee provides, among other things, that the Customer-Consumer, on pain of forfeiture, must report to PLAY any lack of conformity found in the product purchased within 2 (two) months of discovery and, in any event, no later than 2 (two) years after delivery of the product.
Following that report, and after PLAY has verified the lack of conformity complained of, the Consumer will be entitled to request repair or replacement of the Product, following the specific instructions given by PLAY after the request and in the manner indicated in Article 13.
Alternatively, entirely at its discretion, PLAY may opt to refund the value of the Product as determined at the time of the Order.
The Customer-Consumer who complains of a lack of conformity under the Guarantee must return the Product to PLAY at his or her own expense, and PLAY will carry out the appropriate checks.
Once PLAY has checked the product, it will promptly inform the Customer-Consumer of any lack of conformity found. Only if a lack of conformity is identified will PLAY repair or replace the Product free of charge.
If a lack of conformity is established, in addition to free replacement or repair, PLAY will return the product at no cost and refund the price advanced by the Customer-Consumer to ship the product for verification of the lack of conformity.
If no lack of conformity is found in the Product, the Customer-Consumer will be promptly informed so that he or she can collect it at his or her own expense.
In the event of replacement or repair of the Product, the terms of the Legal Guarantee applicable to it will be the same as those of the original Product, and the two-year duration calculated from the original Delivery date will not be extended.
The Customer-Consumer declares that he or she is aware that, in order to benefit from PLAY’s Legal Guarantee, he or she must follow the return procedure indicated for that purpose (https://www.shippypro.com/return-form.html?return_form_id=1343) and produce proof of purchase of the Product, so that the company can carry out the appropriate checks.
The Customer-Consumer declares that he or she is aware that PLAY will not be liable for any defects or non-conformities caused in an attempt to repair independently the product supplied by PLAY.
13) Method of returning products to PLAY
1. In order to allow the Customer-Consumer properly to exercise his or her rights, both those connected with a change of mind (with reference to the withdrawal indicated in Article 11) and those connected with the Product’s fitness for ordinary use (the legal guarantee indicated in Article 12), PLAY provides a specific procedure which the Customer-Consumer must follow for any return of the Product.
2. In the event of damage or defects in the Product, the Customer-Consumer must first photograph the goods and send the photos in advance to sales@playjuggling.com, and wait for instructions from PLAY.
2.1. After confirmation from PLAY to that effect, the Customer-Consumer may proceed with the return by packing the items securely and placing them in a box, choosing whether to use a courier selected by PLAY or to arrange the return independently.
2.2. If the Customer-Consumer uses the return service made available by PLAY:
2.2.1. he or she must print the shipping labels received by email from PLAY, showing the details of the appointed courier and of the recipient of the return, and apply the return label to the outside of the parcel;
2.2.2. the parcel will be collected at the address provided by the Customer-Consumer by a courier appointed by PLAY;
2.2.3. to change, reschedule or track the collection, the Customer-Consumer may follow the instructions received from PLAY or those available on the website of the relevant courier.
2.3. If the Customer-Consumer prefers to organise the return independently:
2.3.1. he or she must go to a post office or arrange a collection with a courier, obtaining a return label on which the recipient must appear as:
PLAY S.r.l.
VIA MAGENTA 27
23871 LOMAGNA (LC)
TEL +39 039.5300351
Reason: Return of order no. **
2.3.2. he or she must print the shipping label and apply it to the outside of the parcel;
2.3.3. the parcel will be collected at the address provided by the Customer-Consumer by the courier appointed by PLAY and indicated on the label;
2.3.4. to change, reschedule or track the collection, the Customer-Consumer may follow the instructions received from PLAY or those available on the website of the relevant courier.
14) Language, validity, applicable law and competent court
These Terms of Sale are drawn up in Italian, the official language of the State to which Play S.r.l. belongs and the only language that prevails in the event of inconsistencies of meaning with the translations made available.
These Terms of Sale consist of all the clauses that make them up. If one or more of their provisions are subsequently considered invalid or declared invalid under the law, usage or a decision of a competent judicial or administrative authority, the other provisions will continue in full force and effect.
These Terms of Sale and the relationship between the parties are governed exclusively by Italian law.
Any dispute that is not settled amicably will be submitted to the exclusive jurisdiction of the court of the place of residence or domicile of the Customer-Consumer, if located in the territory of the State.
In any event, the mediation procedures under Legislative Decree no. 28/2010 may optionally be used to resolve any disputes arising in the interpretation and performance of these Terms of Sale.
Pursuant to Article 141-sexies(3) of the Consumer Code, the User who qualifies as a consumer under Article 3(1)(a) of the Consumer Code is informed that, if he or she has submitted a complaint directly to the Company following which it has nevertheless not been possible to resolve the dispute, he or she may turn to the alternative dispute resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from the contract concluded on the basis of these General Terms of Sale (so-called ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code).
In particular, a European platform for the online resolution of consumer disputes has been established (the ODR platform). The ODR platform, available at http://ec.europa.eu/consumers/odr/, provides the consumer User with the list of ADR bodies and the related links to their sites, through which an online dispute resolution procedure can be started.
The consumer user’s right to bring proceedings before the ordinary court having jurisdiction over the dispute arising from these General Terms of Sale is in any event reserved, whatever the outcome of the out-of-court procedure, as is the possibility, where the conditions are met, of promoting an out-of-court resolution of consumer disputes by means of the procedures in Part V, Title II-bis of the Consumer Code, in compliance with the related conditions and limits.
If the User resides in a Member State of the European Union other than Italy, he or she may also, for any dispute relating to the application, performance and interpretation of these General Terms of Sale, access the European small claims procedure established by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the claim does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
15) Reference to the processing of personal data
The Customer-Consumer’s data are processed by PLAY in accordance with European legislation on the protection of personal data (EU Regulation no. 679/2016, the GDPR), as specified in the Privacy and Cookie notices available on the Site.
TERMS OF SALE FOR THE PROFESSIONAL
PLAY S.R.L., VAT no. 02019500137, with registered office at 23871 Lomagna (LC), Via Magenta no. 27, PEC: playjuggling@pec.it, email: sales@playjuggling.com (hereinafter also “PLAY”), makes it possible for all users to purchase its products (hereinafter also the “Products”) over the Internet on the website www.playjuggling.com.
1) General notes
These general terms of sale (“General Terms”) govern exclusively the distance sale via the web of the Products as identified and listed on the website www.playjuggling.com (hereinafter the “Site”), in accordance with Legislative Decree no. 70/2003, as amended (rules on electronic commerce).
These terms apply exclusively to contracts concluded with the Customer-Professional as identified by Article 3(c) of the Consumer Code, namely “the natural or legal person who is acting for purposes relating to his or her trade, business, craft or profession, or an intermediary of that person”. The provisions of the Consumer Code therefore do not apply to these Terms.
For the Customer-Consumer under Article 3(a) of the Consumer Code, “the natural person who is acting for purposes which are outside his or her trade, business, craft or profession”, these Terms are not valid. Specific terms of sale for the Customer-Consumer are provided for that person on the Site.
Without prejudice to PLAY’s right to amend these provisions at any time, if these General Terms change, the purchase Order (hereinafter also the “Order”) is governed by the General Terms published on the Site at the time the purchaser sends the Order.
2) Subject of the contract
Under these general terms of sale, PLAY sells and the Customer-Professional purchases at a distance the Products at the Prices shown on the relevant Site. PLAY reserves the right to make changes to them, including substantial changes and without notice, pursuant to Article 6.11.
The contract is concluded over the Internet, by accessing the website www.playjuggling.com and by placing a purchase order according to the procedure provided on that website.
The purchase contract entered into on the Site and having the Products as its subject (hereinafter also simply the “Contract”) is deemed concluded with PLAY.
The Customer-Professional undertakes, before confirming the order, to read these general terms of sale, in particular the pre-contractual information provided by PLAY, and to accept them by ticking the relevant box.
By ticking the box “I accept the General Terms of Sale” when confirming the order on the Site, the Customer-Professional acknowledges having read and accepting without reservation these Terms of Sale.
By ticking the box “I accept, in particular, the unfair terms pursuant to Article 2.6 of the General Terms of Sale” when confirming the order on the Site, the Customer-Professional acknowledges having read and expressly accepting (pursuant to Articles 1341 and 1342 of the Italian Civil Code) the provisions of Articles 4.3 (order check), 4.4 (order amendment), 5.4 (cash on delivery), 6.2 (delivery charges), 6.3 (customs charges), 6.12 (computer error), 7.5 (costs of unsuccessful delivery attempts), 7.6 (delivery times), 7.7 (liability for delivery times), 8.2 (conditions for collection), 10.3 (conditions for returning the product), 10.4 (handling of the return), 10.5 (cost of returning the product), 10.6 (condition for restoring the product), 11.1 (return procedure), 12.3 (partial waiver of the right of recourse), 12.4 (PLAY’s assistance is mandatory), 12.5 (PLAY assistance procedure), 12.6 (cost of returning the product for PLAY’s assistance), 12.7 (exclusion of PLAY’s liability for tampering by the customer or third parties), 13.1 (prevailing language) and 13.4 (competent court).
By ticking the box “I declare that I have read the privacy notice”, the Customer-Professional acknowledges having read and understood the notice on the processing of his or her personal data.
By ticking the box “I consent to the processing of my personal data for marketing purposes on the basis of the Privacy Notice”, the Customer-Professional gives consent after reading and understanding the notice on the processing of personal data for the relevant purposes.
In the order confirmation email, the Customer-Professional will also receive a link from which to download these Terms of Sale, which in any event remain available on the Site.
3) Order
Except in exceptional cases of necessity expressly authorised by PLAY through other channels, Orders may be placed exclusively through the online ordering procedure made available on the Site www.playjuggling.com.
The Customer-Professional correctly completes the ordering procedure if the Site does not display any error message. The system cannot detect errors in the data entered in the fields for the billing and shipping addresses.
PLAY sells its Products online exclusively for Orders whose amount is equal to or greater than Euro 15.00 (excluding delivery charges).
4) Conclusion and effectiveness of the contract
The Purchase Contract is deemed concluded between PLAY and the Customer-Professional when the latter receives an email (hereinafter also the “Order Confirmation” or the “Confirmation”) at the email address given at the time of purchase, and not before.
The Confirmation will contain a summary of the order placed, including Delivery charges, charges for any further Services requested, and instructions for payment by bank transfer if the Customer-Professional has chosen that method of payment.
The Customer-Professional undertakes to check with the greatest care the accuracy of the data entered both at the time of purchase and, afterwards, on receipt of the Order Confirmation.
The Customer-Professional undertakes to notify PLAY of any corrections that become necessary no later than 24 (twenty-four) hours after receipt of the Confirmation.
The Order Number communicated by PLAY must be used by the Customer-Professional in every communication with the company.
PLAY undertakes to describe and present the Products on the Site in the best possible way, it being understood that some differences from the actual Product may appear.
The Customer-Professional declares that he or she is aware that the photographs of the Products presented on the Site www.playjuggling.com do not form part of the contract and are merely illustrative.
5) Methods of payment
Payment by the Customer-Professional may be made only by the methods indicated on the website www.playjuggling.com and available at the time of purchase: bank transfer, credit card, PayPal, Amazon Pay, or cash on delivery only in Italy.
In the case of payment by credit card, the Order amount is actually charged only when the order is complete and ready for shipment.
In the case of payment by PayPal, the Order amount is actually charged at the same time as PLAY sends the order Confirmation email.
Cash on delivery, at the same time as delivery of the Product, is available exclusively for deliveries in Italy, with a surcharge of Euro 8.50.
Communications relating to payment, and the data provided by the Customer-Professional when payment is made, travel exclusively on protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
In the case of payment by Amazon Pay, the Order amount is actually charged only when the order is complete and ready for shipment.
6) Prices
All Prices of the Products indicated on the Site include VAT.
Delivery charges, as calculated and regulated in the following articles of these General Terms, are borne exclusively by the Customer-Professional.
Any customs charges, which cannot be calculated in advance and are quantified by the competent border authorities, are borne exclusively by the Customer-Professional, including if the Product is returned to PLAY.
The Delivery Service used by PLAY is available both for Italy and for other countries.
The cost, timing and provider of the Delivery Service used by PLAY can be selected independently by the Customer-Professional before purchase, through a tool available on each product page, reached by clicking “Calculate shipping costs”.
The cost of the Delivery Service in Italy is Euro 5.90 for Orders whose total value (excluding transport charges) does not exceed Euro 50.00.
The Delivery Service in Italy is free for Orders whose total value (excluding transport charges) exceeds Euro 50.00.
The surcharge for cash on delivery (Article 5.4) is additional to and separate from the delivery charges.
Likewise, additional costs arising from unsuccessful delivery attempts that are due to failure to be present at the address provided or to an incorrect or out-of-date address are borne exclusively by the Customer-Professional.
The Price highlighted on the Site and shown in the cart at the time the Order is sent applies to the Products and Services, without regard to previous offers or any Price changes occurring afterwards.
Without prejudice to the previous article (Article 6.10), PLAY reserves the right to change at any time the prices of the Products on its website.
In the event of a computer, manual, technical or other error that causes a substantial change, not intended by PLAY, in the public selling price, making it excessive or clearly derisory, the Order will be considered invalid and cancelled, and any amount paid by the Customer-Professional will be refunded or, if the Customer-Professional prefers, a coupon of at least the same amount will be issued.
7) Delivery of the products
PLAY will carry out delivery (hereinafter the “Delivery Service” or simply “Delivery”) by courier, after receipt of payment, with the sole exception of cash on delivery pursuant to Articles 5.4 and 6.8.
The Customer-Professional must therefore check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order.
If a Product and/or Service is visibly defective in quality and/or quantity and/or the integrity of the packaging, PLAY asks the Customer-Professional to note those anomalies on the transport document by writing “CON RISERVA” (with reservation), and to contact the company immediately using the details indicated on the Site.
At the time of Delivery, the presence of the Customer-Professional, or of a trusted person indicated by him or her, is always required.
Additional costs connected with unsuccessful delivery attempts that are due to failure to be present at the address provided and/or to an incorrect and/or out-of-date address are borne exclusively by the Customer-Professional.
When the Order is completed, an estimated delivery date will be indicated. It is in any event merely indicative: scheduling of delivery remains entirely at PLAY’s discretion, and no liability can be attributed to PLAY if a change is communicated to the Customer-Professional in advance.
The Customer-Professional declares that he or she releases PLAY from any liability for delays caused by events, acts, facts and circumstances that were unforeseeable at the time the individual Purchase Contracts were concluded, unavoidable and in any event outside PLAY’s control (by way of example and not exhaustively: vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any kind that limit the exercise of commercial activity and/or circulation, pandemics, and so on). PLAY will make every reasonable effort to perform the obligations undertaken in the Purchase Contract. In such uncontrollable situations, PLAY will promptly communicate to the Customer-Professional a new deadline by which it will perform the Delivery.
8) Collection in person
As an alternative to the provisions indicated above (Article 7), the Customer-Professional may choose to collect the product in person at PLAY’s production premises.
In that case the Customer-Professional must express that preference at the time of purchase and arrange access at the address below by contacting the dedicated line: Italy, 23871 Lomagna (LC), Via Magenta no. 27, email: sales@playjuggling.com, tel. +39 039.5300351 (from 09:00 to 17:00).
9) Discounts
Discounts, where provided, are applied automatically by the system when the Order is created.
For Orders above Euro 200.00, PLAY grants a discount of 10% on the Order total.
For Orders above Euro 500.00, PLAY grants a discount of 20% on the Order total.
Any additional discounts provided on the Site, such as, by way of example and not exhaustively, special offers, coupons and discount codes, will be combined with those applied automatically by the system when the Order is created and provided for in Articles 9.2 and 9.3.
Products in the Circus Division® and POI Makers categories are expressly excluded from the discounts in Articles 9.2 and 9.3. Specific discounts may periodically be applied to them and are expressly indicated on the relevant pages of the Site.
10) Legal guarantee
The Customer-Professional is entitled to rely on the Legal Guarantee of 12 (twelve) months from delivery of the Product, limited to the Products offered and sold by PLAY.
That Guarantee provides, among other things, that the Professional, on pain of forfeiture, must report to PLAY any lack of conformity found in the product purchased within and no later than 8 (eight) days of discovery and, in any event, no later than 1 (one) year after delivery of the product.
Following that report, and after PLAY has verified the lack of conformity complained of, the Customer-Professional will be entitled to request repair or replacement of the Product, following the specific instructions given by PLAY after the request and in the manner indicated in Article 11.
Alternatively, entirely at its discretion, PLAY may opt to refund the value of the Product as determined at the time of the Order.
The Customer-Professional who complains of a lack of conformity under the Guarantee must return the Product to PLAY at his or her own expense, and PLAY will carry out the appropriate checks.
Once PLAY has checked the product, it will promptly inform the Customer-Professional of any lack of conformity found. Only if a lack of conformity is identified will PLAY repair or replace the Product free of charge.
If a lack of conformity is established, in addition to free replacement or repair, PLAY will return the product at no cost and refund the price advanced by the Customer-Professional to ship the product for verification of the lack of conformity.
If no lack of conformity is found in the Product, the Customer-Professional will be promptly informed so that he or she can collect it at his or her own expense.
In the event of replacement or repair of the Product, the terms of the Legal Guarantee applicable to it will be the same as those of the original Product, and the one-year duration calculated from the original Delivery date will not be extended.
The Customer-Professional declares that he or she is aware that, in order to benefit from PLAY’s Legal Guarantee, he or she must follow the return procedure indicated for that purpose (https://www.shippypro.com/return-form.html?return_form_id=1343) and produce proof of purchase of the Product, so that the company can carry out the appropriate checks.
The Return of the Product or Products, for whatever reason it takes place, may take place only after a specific agreement with PLAY on the timing, method and contents of the shipment. PLAY will therefore not be liable for any products sent back to its premises without its prior authorisation, and reserves the right not to collect the Products in question and to have them returned to the sender.
11) Method of returning products to PLAY
1. In order to allow the Customer-Professional properly to exercise his or her rights connected with the Product’s fitness for ordinary use (the legal guarantee indicated in Article 10), PLAY provides a specific procedure which the Customer-Professional must follow for any return of the Product.
2. In the event of damage or defects in the Product, the Customer-Professional must first send photos of the goods to sales@playjuggling.com and wait for instructions from PLAY.
2.1. After confirmation from PLAY to that effect, the Customer-Professional may proceed with the return by packing the items securely and placing them in a box, choosing whether to use a courier selected by PLAY or to arrange the return independently.
2.2. If the Customer-Professional uses the return service made available by PLAY:
2.2.1. he or she must print the shipping labels received by email from PLAY, showing the details of the appointed courier and of the recipient of the return, and apply the return label to the outside of the parcel;
2.2.2. the parcel will be collected at the address provided by the Customer-Professional by a courier appointed by PLAY;
2.2.3. to change, reschedule or track the collection, the Customer-Professional may follow the instructions received from PLAY or those available on the website of the relevant courier.
2.3. If the Customer-Professional prefers to organise the return independently:
2.3.1. he or she must go to a post office or arrange a collection with a courier, obtaining a return label on which the recipient must appear as:
PLAY S.r.l.
VIA MAGENTA 27
23871 LOMAGNA (LC)
TEL +39 039.5300351
Reason: Return of order no. **
2.3.2. he or she must print the shipping label and apply it to the outside of the parcel;
2.3.3. the parcel will be collected at the address provided by the Customer-Professional by the courier appointed by PLAY and indicated on the label;
2.3.4. to change, reschedule or track the collection, the Customer-Professional may follow the instructions received from PLAY or those available on the website of the relevant courier.
12) Right of recourse
1. Where the Customer-Professional decides to resell the PLAY® Product to Consumers in Europe (hereinafter also “end consumers”), he or she must provide them with the proper guarantees under Articles 128 and following of the Consumer Code.
2. The Customer-Professional declares that he or she is aware that, towards the end Consumer who intends to exercise the rights granted by the Consumer Code in relation to PLAY® Products, he or she will be the sole person responsible and the sole point of contact, the contractual relationship existing only with him or her (and not also with PLAY).
3. The Customer-Professional therefore remains solely responsible towards the end Consumer and waives the right of recourse against PLAY for lack of conformity once the 12 (twelve) month guarantee period granted by PLAY has expired.
4. By way of derogation from Article 131 of the Consumer Code, the Customer-Professional who must comply with the remedies sought by the end Consumer may ask PLAY exclusively to repair the product that is still covered by the annual guarantee, on pain of forfeiture of the rights granted under Article 10.
5. Notice to PLAY by the Customer-Professional, in the interest of the end Consumer, must be given:
5.1. within the first 12 (twelve) months from the purchase of the Product covered by the legal guarantee;
5.2. by registered post with advice of receipt or by certified email;
5.3. in any event, within 5 (five) days of the end Consumer’s report.
6. PLAY will not be required to bear the costs of shipping the Product to its premises, nor those of returning it to the Customer-Professional, nor those of returning it to the end Consumer, nor any further ancillary charges.
7. The Customer-Professional declares that he or she is aware that PLAY will not be liable for any defects or non-conformities caused by the Customer-Professional in an attempt to repair independently the product supplied by PLAY.
8. Except where expressly derogated from here, the provisions of Articles 10 (guarantee) and 11 (method of return) remain valid.
13) Validity, applicable law and competent court
These Terms of Sale are drawn up in Italian, the official language of the State to which Play S.r.l. belongs and the only language that prevails in the event of inconsistencies of meaning with the translations made available.
These Terms of Sale consist of all the clauses that make them up. If one or more provisions of these Terms are subsequently considered invalid or declared invalid under the law, usage or a decision of a competent judicial or administrative authority, the other provisions will continue in full force and effect.
These Terms of Sale and the relationship between the parties are governed exclusively by Italian law.
Any dispute that is not settled amicably will be submitted to the exclusive jurisdiction of the Court of Monza.
14) Reference to the processing of personal data
The Customer-Professional’s data are processed by PLAY in accordance with the legislation on the protection of personal data, as specified in the Privacy and Cookie notices available on the Site.
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