1. DEFINITIONS
  • The expression SUPPLIER means the person indicated in the inscription, or the subject seller of products;
  • The term BUYER means the natural or legal person who makes the purchase of the products referred to in this contract for personal use or purpose;
  • The term ONLINE SALES CONTRACT refers to the sales contract relating to the products supplied by the Supplier, both by means of remote communication techniques, and without the aid of these, stipulated between the Supplier and the Purchaser through electronic means, within a distance selling system organized by the Supplier;
  • With the expression DISTANCE COMMUNICATION TECHNIQUES we mean any means that, without the physical and simultaneous presence of the Supplier and the Buyer, can be used for the conclusion of the contract between the said parties;
  • The term PRODUCT means any utility intended for the purchaser for free or in the context of commercial activity.
  1. OBJECT OF THE CONTRACT
  • The subject of this contract is the purchase and sale of equipment for climbing and dry training;
  • The products are sold by the Supplier on its website based on the basis of the Purchaser’s choices;
  • The products referred to in the previous point are described on the page within the website https://owlclimb.com;
  1. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
  • The contract between the Supplier and the Purchaser is concluded by acceptance of the terms and conditions by the Purchaser through the site https://owlclimb.com
  • The contract between the Supplier and the Buyer is concluded by the Buyer’s access to the address https://owlclimb.com, where, following the procedures indicated, the Buyer will come to formalize his acceptance for the purchase of the products offered to the public by the Supplier;
  • Once the Supplier has received the acceptance from the Buyer, he will send an e-mail confirming and summarizing the order (within 24 hours) and then sending the product and / or products purchased;
  1. TIMES AND RULES OF EXECUTION
  • The Supplier will send the product and / or products to the Buyer in the manner indicated on the website https://owlclimb.com and in any case within 48 hours of receipt of payment;
  • The Supplier undertakes to ship the product and / or products purchased within the deadlines set by the individual procedures, in the manner indicated on the website https://owlclimb.com.
  1. FEES:
  • The price of each individual PRODUCT and the description it contains is illustrated on the website https://owlclimb.com;
  • The offer of products offered and illustrated on the website https://owlclimb.com, with the relative prices and the present conditions of contract, constitute for all purposes an offer to the public pursuant to art. 1336 cc;
  • Prices and payment methods may be subject to change at the Supplier’s sole discretion, subject to orders already submitted;
  • Should the Supplier find it necessary to modify the conditions of sale after the conclusion of the contract and the beginning of the service itself, he must give written notice to the Buyer, who will, in this case, have the right to withdraw from the contract.
  1. METHOD OF PAYMENT:
  • Any payment by the Buyer can only be made by credit card, Paypal or advance bank transfer.
  • The price set for each product purchased must be paid within the terms established on the website https://owlclimb.com;
  • If the right of withdrawal is exercised, any refund due from the Supplier to the Buyer will be credited by one of the methods proposed by the Supplier.
  1. PURCHASER’S OBLIGATIONS:
  • The Buyer undertakes to pay the price of the product purchased according to the terms and conditions established by the Supplier;
  • The Buyer undertakes to truthfully communicate to the Supplier all the information necessary to make the sale possible.
  1. OBLIGATIONS OF THE SUPPLIER:
  • Without prejudice to what is specifically provided for in this contract, the Supplier undertakes to supply the product object of the contract stipulated with due diligence, good faith and correctness;
  • The Supplier undertakes to maintain the secrecy of all data and information provided by the Buyer to enable the sale of the transaction.
  1. REFUSAL OF EXEMPTION OF REQUESTS
  • The Supplier has the right to refuse the sale for reasons of opportunity and without in any case being obliged to state reasons;
  1. LIMITATIONS OF LIABILITY
  • The Supplier is exempted from any responsibility for the prejudices that are derived to the Buyer in case of original impossibility, suspension or definitive interruption of the sale of the product, due to causes of force majeure or fortuitous event due to inefficiencies and malfunctions connected to the use of the internet network outside its own control;
  • The Supplier is also exempt from liability for any undue fraudulent and illegal possession by third parties of the means of payment that are used by the Buyer;
  • In any case, the Supplier declines any responsibility deriving from improper use and for purposes other than those expressly indicated in this article.
  1. RIGHT OF WITHDRAWAL
  • The Buyer can exercise the right of withdrawal in accordance with the laws in force, by sending written notice to the Supplier, within 14 days of receipt of the goods by email to the address: info@owlclimb.com. In case of withdrawal, the goods must be returned, at the Purchaser’s expense, within fifteen days of the notice of withdrawal. The price will be returned by the Supplier following the return of the goods and the verification of the integrity of the same;
  • If the right of withdrawal is exercised, if it complies with the provisions of this contract, as well as those of law, the Supplier will refund the amount paid by the purchaser within thirty days of receipt of the withdrawal notice. Certain sums paid by the Buyer are not due by the Supplier;
  • Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points;
  • The Supplier has the right to withdraw from the contract if he considers that the services offered have become excessively burdensome.
  1. CAUSE OF RESOLUTION
  • The obligations referred to in point 7, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser carries out in the manner provided for in point 6 and also the exact fulfillment of the obligations assumed by the Supplier in point 8, have essential, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by force majeure or unforeseeable circumstances, entails the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision that produces the aforementioned effect.
  1. PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER’S DATA
  • When signing the contract, the Buyer is also required to also sign the release for the processing of personal data, present in the pages of the site https://owlclimb.com. Therefore, with the dispatch of the order, the Buyer declares to sign the release for the processing of personal data.
  1. COMMUNICATIONS AND COMPLAINTS
  • Written communications to the Supplier and any complaints will be considered effective only if sent by emil to info@owlclimb.com
  • The Buyer must indicate the telephone number and e-mail address to which the Supplier’s communications should be sent.
  1. DELIVERY OF THE CONTRACT
  • This contract is not transferable except with the express and prior written consent of both the original parties to the agreement. The sale without the observance of the provisions of this article will in any case remain ineffective between the parties.
  1. NULLITY OF CLAUSES
  • The eventual nullity of individual clauses of the present contract, also regarding the interpretation of the same, does not affect the validity of the contract as a whole.
  1. JURISDICTION ONLY
  • The parties identify the Court of Biella as the competent court to decide on any dispute that may arise between them with reference to the execution / interpretation of this contract, as well as in relation to any other matter concerning their legally relevant relationships that are in the contract their origin. Read and signed Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the Purchaser declares to specifically approve points 6, 7, 8, 10, 12, 16, 17 Read and signed.