GENERAL CONDITIONS OF SALE

Object

These general conditions of sale (hereinafter, the "GTC") of MGPSPORTSWEAR SNC with headquarters in Sale Marasino, via chiusure 36 CF and VAT number 01626920175 (hereinafter, “MGP”), represent the contractual conditions which, accepted by the end customer (hereinafter, the “Customer”) together with the online and/or offline Order (hereinafter, the “Order”) and the subsequent Order Confirmation (hereinafter, “CDO”) sent by MGP to the Customer, will govern the sales contract (hereinafter, the “Contract”) between MGP and the Customer, relating to the online purchase on the website www.altavisibilita.com (hereinafter, the “Site”) as well as through purchase via email directly with MGP, of the items produced and marketed directly by MGP (hereinafter, the “Products”).

The purchase of the Products (hereinafter, the “Service”) occurs following an Order to be placed by the Customer on the Site or by email request to vendite@mgpsportswear.com.

MGP reserves the right, at any time and at its sole discretion, to make any changes and/or variations to what is published on the Site, without any obligation to provide prior notice.

Service Description

The Service is provided by MGP in full compliance with the legislation on distance selling and in particular with articles 49 and following of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions).

The Service is reserved exclusively for end users who are “consumers” pursuant to Article 3 of the Consumer Code. The term “consumer” means any natural and/or legal person who purchases the Products according to the methods indicated in these GTC for purposes not related to their commercial, entrepreneurial or professional activity, if any. By expressly and unconditionally accepting these GTC, the Customer declares that they are purchasing the Products for purposes other than the aforementioned purposes and undertakes to observe these GTC in their relations with MGP.

The Service referred to in these GTC is implemented by the Customer filling in the fields required at the time of registration on the Site and the subsequent sending of the Order online or by written request via email to vendite@mgpsportswear.com . The Customer acknowledges that the images and colors of the Products on the Site may not correspond to the real ones due to the device used, therefore, such images must be considered only for indicative and/or representative purposes and do not constitute a binding element of the Contract.

The Customer who purchases one or more Products with the registered trademarks of recognized Bodies and Associations, such as, by way of example but not limited to, “Croce Rossa Italiana”, 118, Protezione Civile, declares, by accepting these GTC, to be a volunteer of the Association itself and, consequently, to be authorized, as a volunteer of the same, to purchase and wear uniforms with the application of the relative registered trademark. The Customer therefore indemnifies and holds MGP harmless from any and all liability in this regard, without prejudice to the possibility of MGP to claim compensation for damage, including damage to image, caused by incorrect use of the registered trademark of the Associations by the Customer.

Once the Order has been received, the CDO will be sent to the Customer, containing the description of the Products, the cost of the Products and shipping already paid by the Customer on the Site, and the indication of the shipping methods for the Products.

Any import duties and customs fees will be charged to the Customer when the purchased Product reaches the destination country indicated by the Customer. These fees will be borne by the Customer and may vary from State to State.

The Contract shall be deemed to have been perfected at the time the CDO is sent to the Customer, without prejudice to the provisions of art. 2.6.

Upon request of the Customer, by means of a specific flag on the Site at the time of the Order or by email to vendite@mgpsportswear.com , once the above procedure has been completed, MGP will issue the relevant invoice.

Regarding the shipment of the Products, MGP will contact the chosen carrier and send the Customer a link to track the shipment to the email address indicated during the Order.

In the event of shipment of the Products, MGP cannot be held responsible for any delays; the delivery times expressed are indicative and are in no way binding for MGP, which uses couriers, according to the methods and timing of the carrier in charge, based on the distance in kilometers, the availability of the customer and/or what is specified in the transport conditions.

Right of withdrawal

Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt of the purchased Products.

In accordance with Article 54 of the Consumer Code, to withdraw from the Contract and return the purchased Products, the Customer may send a withdrawal request to MGP at the email address vendite@mgpsportswear.com , which will be followed by the sending of the Withdrawal Form to be filled in and returned signed.

Once the right of withdrawal has been exercised, the Customer, at his own expense, must return the Products by sending the Products by registered mail to the MGP warehouse, located in 25057 Sale Marasino, via chiusure 36. The return must take place no later than 14 (fourteen) days from when the Customer communicated to MGP his decision to withdraw from the Contract. In the event that the Customer does not respect this deadline, MGP will have full right to permanently retain the amount already paid by the Customer under the Contract.

The Products must be returned intact, unused, in their original packaging (where present) and with the purchase document.

If the right of withdrawal is exercised following the methods and terms indicated in this article, MGP will send the Customer, via email, the relevant confirmation of acceptance of the Products thus returned and will refund the sums already paid to MGP for the purchase of the Products according to the methods and terms set out in the following article.

MGP has the right not to accept the return or not to fully refund the sums paid for the purchase of those Products that are missing the relevant tag and/or the original packaging and, in any case, the sales document or that have been altered in their essential and qualitative characteristics or that have been used or damaged.

If the methods and terms for exercising the right of withdrawal referred to in this article are not respected, the Customer will not be entitled to a refund of the sums already paid to MGP. In this case, MGP will communicate to the Customer by e-mail the non-acceptance of the return. Within 14 (fourteen) days of receiving the communication with which MGP informs the Customer of the non-acceptance of the return for the aforementioned reasons, the Customer may request to obtain, at his/her own expense, the Products in the state in which they were returned to MGP, by communicating this to the latter by e-mail.

Exclusion from the right of withdrawal

The Customer, pursuant to art. 59 of the Consumer Code, may not exercise the right of withdrawal within the terms set out in art. 3 above, in the following case: supply of goods made to measure or clearly personalized.

By “custom-made or clearly personalized products” we mean all Products in which the Customer may make requests for customization relating to prints, embroidery, logos and emblems, which will be the object of specific and irreversible creation, as they cannot be classified as predefined standards and/or alternative options.

Reimbursement

Upon receipt of a return request and verification of the correct execution of the terms and conditions indicated in article 3 above, MGP will refund the Customer the sums collected for the sale of the Products without delay and in any case within 14 (fourteen) days from the day on which it is informed of the Customer's decision to withdraw from the Contract pursuant to article 54 of the Consumer Code. MGP will refund using the same means of payment used by the Customer for the purchase of the returned Products. If there is no correspondence between the recipient of the Products indicated in the Order at the time of checkout on the Site and the person who made the payment of the sums due for their purchase, the refund, in the event of exercising the right of withdrawal, will be made by MGP, in any case, to the person who made the payment.

Legal guarantee of conformity

All Products are covered by the legal guarantee of twenty-four (24) months for defects of conformity, in accordance with applicable law.

A lack of conformity is the case in which the Products purchased by the Customer do not conform to the sales contract. The guarantee applies in accordance with the law to Products that present defects that were not detectable at the time of purchase, provided that the Products themselves have been stored in compliance with the instructions on the packaging or labels and used correctly and with due diligence by the consumer, or in compliance with their intended use and with what is provided in any documentation attached to the Products.

By way of example and not limited to, MGP is not responsible for damages and/or defects connected to or resulting from:

from normal wear and tear of the Products;

from carelessness in the use and conservation of the Products;

from improper, negligent or inappropriate use of the Products by the Customer;

from small imperfections related to special finishing manufacturing processes.

MGP reserves the right to verify the actual existence of the reported defect.

In the event of a lack of conformity being found, pursuant to Articles 128 – 135 of the Consumer Code, the Customer is required to report the defect within 24 (twenty-four) months from the date of delivery and/or collection of the Products and no later than 2 (two) months from the discovery of the defect itself. To report a lack of conformity, the Customer must contact MGP by email at the following address vendite@mgpsportswear.com and fill in the “Complaint Form” that will be sent. A copy of the proof of purchase of the Products must be attached to the “Complaint Form”, under penalty of not being able to activate the legal guarantee of conformity provided for by the Consumer Code.

In the event of a lack of conformity reported in the manner indicated above, MGP will, pursuant to Article 130, paragraph 9, of the Consumer Code, offer the Customer a refund of the price paid for the purchase of the defective Products upon return of the Products to MGP at the following address 25057 Sale Marasino, via chiusure 36, complete with the original packaging and all accessories. If, however, the Customer is interested in restoring the conformity of the purchased Products, he will have the right to request, alternatively, the repair or replacement of the defective Products, without charge, unless the requested remedy is excessively onerous or objectively impossible (such as, for example, in cases where the parts to be repaired or the Products themselves are out of production or the manufacturer has ceased commercial activity).

Information and complaints

For any information or complaint, or for any communication relating to these GTC, the Orders and/or the Products, the Customer may contact Customer Service by writing to the email address vendite@mgpsportswear.com .

Applicable law and competent court

The GTC are governed by Italian law and must be interpreted in accordance with the Italian language, the official language (and prevalent over other languages) of the Contract between MGP and the Customer.

For anything not expressly indicated in these GTC, the Consumer Code and the Italian Civil Code apply.

For any dispute in any way connected to the Contract concluded between MGP and the Customer according to these GTC, the Court of Brescia will have exclusive jurisdiction, with the exclusion of any other alternative and/or competing court.

If you have any doubts about one or more points, you are always welcome to contact us.
Thank you for the trust.