SALES CONDITIONS FOR THE CONSUMER

The company Ametista di Casini Andrea, VAT no. 01573120506, with registered office in 56012 Calcinaia PI, Via di mezzo 26t, pec:casiniandrea@pec.it mail:info@apolesport.com, (hereinafter also referred to as “Ametista”) makes available to all users the possibility of purchasing its products (hereinafter also referred to as “Products”) via the Internet on the website www.apolesport.com.

1) General Notes

1. These general conditions of sale (“General Conditions”) exclusively govern the distance selling via the web of the Products as identified and listed on the website www.apolesport.com (hereinafter “Site”) in accordance with the provisions of Legislative Decree n. 70/2003 and subsequent amendments (Electronic Commerce regulations).
2. These conditions apply exclusively to contracts concluded with the Consumer-Customer, as identified under art. 3 letter a) of the Consumer Code, namely “the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.”
3. For the Professional-Customer, as identified under art. 3 letter c) of the Consumer Code, namely “the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary,” these Conditions are not valid, as specific sales conditions for the Professional-Customer are provided on the Site for this figure.
4. Without prejudice to AMETISTA’s right to modify these provisions at any time, in the event of changes to these General Conditions, the General Conditions published on the Site at the time the purchase order (hereinafter also just “Order”) is sent by the buyer shall apply.

2) Subject of the contract

1. With these general conditions of sale, AMETISTA sells and the Consumer-Customer purchases at a distance the Products with the relative Prices as presented on the reference Site, in respect of which it reserves the right to make changes, including substantial ones, even without notice, pursuant to art. 7.10.
2. The contract is concluded via the internet, through access to the site www.apolesport.com and following the completion of a purchase order according to the procedure provided within it.
3. The purchase contracts stipulated on the Site concerning the Products (hereinafter also simply “Contract”) are concluded with AMETISTA.
4. The Consumer-Customer undertakes to review, before proceeding with the confirmation of their order, these general conditions of sale, in particular, the pre-contractual information provided by AMETISTA, and to accept them by ticking the appropriate checkbox.
5. By checking the box “I accept the General Conditions of Sale” at the time of order confirmation on the Site, the Consumer-Customer acknowledges having read and accepted these Conditions of Sale without reservation.
6. By checking the box “I specifically accept the unfair clauses pursuant to art. 2.6. of the General Conditions of Sale” at the time of order confirmation on the Site, the Consumer-Customer acknowledges having read and expressly accepted (pursuant to articles 1341 and 1342 of the civil code) the provisions of articles 5.3. (order check), 5.4. (order modification), 7.2. (delivery costs), 7.3. (customs duties), 7.8. (computer error), 8.5. (costs of unsuccessful delivery attempts), 8.6. (delivery times), 8.7. (liability for delivery times), 9.2. (withdrawal access conditions), 9.3. (product withdrawal conditions), 9.4. (return management), 9.5. (withdrawal reference), 9.7 (costs and liability for returning product for withdrawal), 9.8 (verification of product status before return), 9.9. (conditions for return for withdrawal), 9.10. (liability for product return without notice), 9.11. (AMETISTA reservation for product status verification), 10.3. (warranty validity conditions), 10.4. (AMETISTA reservation for warranty management), 10.10. (AMETISTA warranty recognition conditions), 10.11. (AMETISTA liability exclusions for customer or third-party tampering), 11.1. (AMETISTA product return procedure), 12.1. (prevailing language).
7. By checking the box “I declare that I have read the privacy policy,” the Consumer-Customer acknowledges having read and understood the information regarding the processing that will be carried out concerning their personal data.
8. By checking the box “I consent to the processing of my personal data for marketing purposes based on the Privacy Policy,” the Consumer-Customer gives consent after reading and understanding the policy on the processing of personal data for the respective purposes.

3) Pre-contractual information for the consumer

1. Pursuant to art. 49 of the Consumer Code, the Consumer-Customer, before the conclusion of the purchase contract, is put 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 details of shipping costs and any other predictable costs;

1.2. the payment methods;

1.3. the exclusion of customs duties;

1.4. the exclusion of the right of withdrawal for personalized and custom-made products, if any;

1.5. the existence of the legal guarantee of conformity for the purchased products.

2. The Consumer-Customer, from the moment they connect to the site www.apolesport.com and in any case before the conclusion of the contract, is put in a position to have all information regarding AMETISTA, simply by scrolling down the web page (so-called footer) where the company data are reported.

4) Order

1. Subject to exceptional cases of necessity expressly authorized by AMETISTA through other channels, it is understood that Orders can only be concluded through the online order procedure made available on the Site www.apolesport.com.
2. The Consumer-Customer correctly concludes the order procedure if the Site does not display any error message (the system cannot detect errors in reference to the data entered by the Consumer-Customer in the field dedicated to the addresses for the payment receipt and for shipping).
3. AMETISTA provides for the possibility of selling its Products online exclusively for Orders whose amount is greater than or equal to Euro 15.00 (delivery costs excluded).

5) Conclusion and effectiveness of the contract

1. The Purchase Contract will be considered concluded between AMETISTA and the Consumer-Customer at the time the latter receives an e-mail (hereinafter also referred to as “Order Confirmation” or “Confirmation”) at the e-mail address provided during the purchase phase, and not before.
2. The Confirmation will contain the summary of the order placed, including Delivery costs, costs referred to any additional Services requested, and instructions for making the payment by bank transfer in the event that the Consumer-Customer has preferred this specific payment method.
3. The Consumer-Customer undertakes to verify with the utmost attention and care the correctness of the data entered both during the purchase phase and, subsequently, upon receipt of the Order Confirmation.
4. The Consumer-Customer undertakes to communicate to AMETISTA any corrections that may be necessary no later than 24 (twenty-four) hours after receipt of the Confirmation.
5. The Order Number communicated by AMETISTA must be used by the Consumer-Customer in every communication with the company.
6. AMETISTA undertakes to describe and present the Products on the Site in the best possible way, although some differences from the actual Product may occur.
7. The Consumer-Customer declares to be aware that the photographs of the Products presented on the Site www.apolesport.com do not constitute a contractual element, but are merely exemplary.

6) Payment methods

1. Payment by the Consumer-Customer may only take place according to the methods indicated on the site www.apolesport.com and available at the time of purchase: bank transfer, credit card, PayPal, Satispay, and Klarna.
2. In case of payment by credit card, the actual charging of the Order amount will take place only when the order is complete and ready for shipping.
3. In case of payment by PayPal, the actual charging of the Order amount will take place simultaneously with AMETISTA sending the Order Confirmation e-mail.
4. In case of payment by Klarna, the actual charging of the Order amount will take place only when the order is complete and ready for shipping.
5. Communications relating to payment and data communicated by the Consumer-Customer at the time it is made take place exclusively on protected lines: the security of payment by Credit Card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
6. In case of payment by Satispay, the actual charging of the Order amount will take place only when the order is complete and ready for shipping.

7) Prices

1. All Prices of the Products indicated on the Site are inclusive of VAT.
2. Delivery costs, as calculated and regulated in the subsequent articles of these General Conditions, remain at the exclusive expense of the Consumer-Customer.
3. Any customs duties, which cannot be calculated in advance, as quantified by the competent border authorities, remain at the exclusive expense of the Consumer-Customer even in the case of returning the Product to AMETISTA.
4. The Delivery Service used by AMETISTA is available for both Italy and abroad.
5. The cost, timing, and provider of the Delivery Service used by AMETISTA can be independently selected by the Consumer-Customer before purchase, through a special tool made available on each product page, reachable by clicking the “Calculate shipping costs” button.
6. The Price highlighted on the Site and indicated in the cart at the time the Order is sent applies to the Products and Services, without any consideration of previous offers or any Price variations that occurred subsequently.
7. Without prejudice to the provision of the previous article (article 7.9.), AMETISTA reserves the right to modify the prices of the Products on its site at any time.
8. In case of a computer, manual, technical, or any other type of error that results in a substantial change, not foreseen by AMETISTA, in the retail price, making it exorbitant or clearly derisory, the Order will be considered invalid and cancelled and the amount possibly paid by the Consumer-Customer will be refunded or, if of interest to the latter, a coupon of at least equal value will be issued.

8) Delivery of products and Shipping times

1. AMETISTA will carry out the delivery (hereinafter “Delivery Service” or simply “Delivery”) by courier, upon receipt of payment.
2. The Consumer-Customer is, therefore, required to check that the packaging is intact and clean and that the Products received correspond to what is reported on the Order.
3. In the event of a Product and/or Service visibly defective in quality and/or quantity and/or integrity of the packaging, AMETISTA asks the Consumer-Customer to report the aforementioned anomalies on the transport document, adding the wording “WITH RESERVE,” and to contact the company immediately at the references indicated on the site, as well as in the previous article 3.2.
4. At the time of Delivery, the presence of the Consumer-Customer or a trusted person indicated by them is always required.
5. The higher costs connected to any unsuccessful delivery attempts attributable to non-appearance at the address provided and/or to the indication of an incorrect and/or outdated address will be exclusively at the expense of the Consumer-Customer.
6. The table with the estimated production and shipping times for each category of sporting items available on the site is present here, which in any case will have a merely indicative value: the scheduling of delivery remains at the total discretion of AMETISTA based on the customizations requested by the customer, for which no responsibility can be attributed in case of variation communicated in advance to the Consumer-Customer.

1. The Consumer-Customer declares to release AMETISTA from any liability in case of delays caused by events, acts, facts and circumstances unpredictable at the time of the conclusion of the individual Purchase Contracts, unavoidable and in any case outside the control of AMETISTA (by way of example but not limited to, vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any nature that limit the exercise of business activity and/or circulation, pandemics, etc.), which will make every reasonable effort to fulfill the obligations assumed and provided for in the Purchase Contract. In such uncontrollable situations, however, AMETISTA will promptly communicate to the Consumer-Customer a new deadline within which it will fulfill the Delivery.

9) Right of withdrawal and eventual exclusion

1. In accordance with the legal provisions in force and as already defined in the previous articles, if the Consumer-Customer resides within the European Union and is a Consumer, they are entitled to the rights pursuant to articles 52 et seq. of the Consumer Code and, therefore, the right to withdraw from the Purchase Contract (hereinafter also just “Right of Withdrawal”) for any reason, without explanation and without any penalty, within 14 (fourteen) days from the date of receipt of the products, according to the methods specified in the following articles.
2. The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the AMETISTA Products purchased by the Consumer-Customer, provided they are not personalized or custom-made for the Consumer.
3. The Consumer-Customer who intends to exercise the right of withdrawal must communicate it to AMETISTA via explicit declaration (hereinafter also “Withdrawal Communication”), which can be sent before the expiry of the Withdrawal Period as indicated above through a tool that in their primary interest allows traceability such as registered mail with advice of receipt or certified e-mail (PEC), addressed to: AMETISTA di Casini Andrea via di Mezzo 26t 56012 Calcinaia PI pec: casiniandrea@pec.it
4. The Consumer-Customer may (is not obliged to) exercise the right of withdrawal using the “standard withdrawal form,” pursuant to Annex I, part B, Legislative Decree 21/2014, the text of which is reported below:

   Standard withdrawal form pursuant to art. 49, paragraph 1, letter h)
   (complete and return this form only if you wish to withdraw from the contract)
   I/We (*) hereby notify/notifies (*) the withdrawal from my/our (*)
   contract of sale of the following goods/services (*)
   Ordered on (*)/received on (*)
   Name of the consumer(s)
   Address of the consumer(s)
   Signature of the consumer(s) (only if this form is sent in paper version)
   Date (*)

5. Following the correct exercise of the right of Withdrawal, pursuant to articles 52 et seq. of the Consumer Code, AMETISTA will provide the Consumer-Customer with the Case Number that must be used at the time of returning the Product(s) (hereinafter also just “Return”).
6. The Return of the Product(s) must take place within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw pursuant to art. 52 of the Consumer Code and the deadline will be considered respected if the Consumer sends back or delivers the Product(s) subject to Withdrawal to AMETISTA before the expiry of the 14 (fourteen) days.
7. The Consumer-Customer declares to be aware, as informed by AMETISTA, and to accept that the transport costs relating to the return of the Product(s) subject to Withdrawal will be at their expense and under their exclusive responsibility (of the Consumer-Customer).
8. The Consumer-Customer declares to be aware, as informed by AMETISTA, of the need to check that the Product(s) subject to Withdrawal is/are intact and in a normal state of preservation, placed in the original packaging, complete in all its parts (including packaging and any accessory and attached documentation).
9. The Return of the Product(s), for whatever reason it takes place, may only take place following agreement with AMETISTA regarding timing, methods and content of the shipment.
10. AMETISTA will not be responsible for any products returned to its headquarters without previous notice of the desire to withdraw in the aforementioned terms and without the return having been agreed with AMETISTA, reserving the right not to collect the Products in question, even returning them to the sender.
11. If the right of Withdrawal is correctly exercised, without prejudice to the right to verify the integrity and correct functioning of the products returned after the return, AMETISTA provides for refunding the Consumer-Customer the amount paid net of the Delivery Costs incurred for the first delivery and those for the return which remain at the expense of the buyer who had the change of heart.
12. AMETISTA, pursuant to and for the purposes of art. 56 of the Consumer Code as amended, reserves the right to withhold the refund until it has received and verified the status of the Product(s).
13. Based on art. 59 of the Consumer Code, the right of withdrawal is expressly excluded for products created and possibly packaged to measure (personalized), also through simulators present within the site; products intended as personalized are all those cut or colored with the characteristics of the consumer-customer, such as pole dance poles and stages, aerial hoops and silks etc.

10) Legal guarantee

1. The Consumer-Customer who resides within the European Union has the right to avail themselves of the Legal Guarantee provided for in articles 128 to 132 of the Consumer Code, limited to the Products and Services offered and sold by AMETISTA.
2. This Guarantee provides, among other things, that the Consumer-Customer, under penalty of forfeiture, reports to AMETISTA any lack of conformity found in the purchased product within 2 (two) months from discovery and, in any case, no later than 2 (two) years after delivery of the product.
3. Following such report, subject to verification by AMETISTA of the complained non-conformity, the Consumer will have the right to request the repair or replacement of the Product, following the specific instructions provided by AMETISTA following the request and according to the methods indicated in article 13.
4. Alternatively, at its total discretion, AMETISTA may opt for a refund of the value of the Product parameterized at the time of the Order.
5. The Consumer-Customer who complains of non-conformity under Warranty of a Product must return it at their own expense to AMETISTA, which will proceed with the appropriate checks.
6. AMETISTA, once the verification on the product has been carried out, will promptly inform the Consumer-Customer about any non-conformities found: only in the case that they are identified, AMETISTA will provide for the repair or replacement of the Product free of charge.
7. In the case of ascertained non-conformity, in addition to free replacement or repair, AMETISTA will provide for the return of the product without cost and the refund of the price advanced by the Consumer-Customer to ship the product for the purposes of verifying the non-conformities.
8. If no non-conformity is found in the Product, the Consumer-Customer will be promptly informed so that they can arrange for collection at their own expense.
9. In case of replacement or repair of the Product, the terms of the Legal Guarantee applicable to it will be the same as the original Product, without the two-year duration calculated from the original Delivery date undergoing extensions.
10. The Consumer-Customer declares to be aware that in order to benefit from AMETISTA’s Legal Guarantee, they must show proof of purchase of the Product, so as to allow the company the appropriate checks.
11. The Consumer-Customer declares to be aware that AMETISTA will not be responsible for any defects or non-conformities caused in the attempt of independent repair of the product provided by AMETISTA.

11) Methods for returning products to AMETISTA

1. In order to guarantee the Consumer-Customer the correct exercise of their rights, both related to their change of heart (with reference to the withdrawal indicated in article 11.) and related to the suitability of the Product based on typical use (legal guarantee indicated in article 12.), AMETISTA provides for a specific procedure to which the Consumer-Customer must adhere for the eventual return of the Product.

2. In case of damage or defects of the Product, the Consumer-Customer must first photograph the item and send the photos in advance to the address info@apolesport.com, waiting for instructions from AMETISTA.

2.1. Upon confirmation from AMETISTA to that effect, the Consumer-Customer may proceed with the return by safely packing the items and placing them in a box, choosing whether to rely on a courier selected by AMETISTA or whether to provide for it independently.

2.2. If the Consumer-Customer relies on the return service made available by AMETISTA:

2.2.1. the package will be collected at the address provided by the Consumer-Customer by a courier appointed by AMETISTA;

2.2.2. for any modification, rescheduling or tracking of the collection, the Consumer-Customer can follow the instructions received from AMETISTA or those available on the website of the relative courier.

2.3. If the Consumer-Customer, instead, prefers to organize the return independently:

2.3.1. they must go to a post office or organize a collection with a courier, obtaining a return label on which the recipient must appear as:

AMETISTA di Casini Andrea

Via di Mezzo 26t 56012 Calcinaia PI

Reason: Return order No. **

2.3.2. they must print the shipping label and apply it to the outside of the package;

2.3.3. the package will be collected at the address provided by the Consumer-Customer by a courier appointed by AMETISTA and indicated on the label;

2.3.4. for any modification, rescheduling or tracking of the collection, the Consumer-Customer can follow the instructions received from AMETISTA or those available on the website of the relative courier.

12) Language, validity, applicable law and competent court

1. These Conditions of Sale are drafted in the Italian language, the official language of the State to which the firm AMETISTA di Casini Andrea belongs and the only one valid in case of inconsistencies in meaning compared to the translations made available.
2. These Conditions of Sale consist of the totality of the clauses that compose them and if one or more provisions of the same were subsequently considered invalid or declared as such pursuant to law, customs or following a decision by a competent judicial or administrative authority, the other provisions will continue to have full force and effect.
3. These Conditions of Sale and the relationship between the parties are governed exclusively by Italian law.
4. Every dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer-Customer, if located in the territory of the State.
5. In any case, it is possible to optionally resort to the mediation procedures pursuant to Legislative Decree n. 28/2010, for the resolution of any disputes arising in the interpretation and execution of these Conditions of Sale.
6. Pursuant to and for the effects of art. 141-sexies, paragraph 3 of the Consumer Code, the User who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code is informed that, in the event that they have presented a complaint directly to the Company, following which it was not possible to resolve the dispute that arose, they may contact the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from the contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).
7. It is communicated, in particular, that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform, which can be consulted at the following address http://ec.europa.eu/consumers/odr/, provides the consumer User with the list of ADR bodies and the relative links to the sites, through which it is possible to start an online resolution procedure for the dispute in which they are involved.
8. The right of the consumer user to apply to the competent ordinary judge for the dispute deriving from these General Conditions of Sale remains in any case, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures pursuant to Part V, Title II-bis of the Consumer Code, in compliance with the relative conditions and limits.
9. In the event that the User resides in a Member State of the European Union other than Italy, they can, moreover, access, for every dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and costs, Euro 2,000.00. The text of the regulation is available on the site www.eur-lex.europa.eu.

13) Reference to personal data processing

1. The Consumer-Customer’s data are processed by AMETISTA in accordance with the provisions of the European legislation on the protection of personal data (EU Reg. n. 679/2016 or GDPR), as specified in the Privacy and Cookie information available on the Site.

SALES CONDITIONS FOR THE PROFESSIONAL

The company Ametista di Casini Andrea, VAT no. 01573120506, with registered office in 56012 Calcinaia PI, Via di mezzo 26t, pec:casiniandrea@pec.it mail:info@apolesport.com, (hereinafter also referred to as “Ametista”) makes available to all users the possibility of purchasing its products (hereinafter also referred to as “Products”) via the Internet on the website www.apolesport.com.

1) General Notes

1. These general conditions of sale (“General Conditions”) exclusively govern the distance selling via the web of the Products as identified and listed on the website www.apolesport.com (hereinafter “Site”) in accordance with the provisions of Legislative Decree n. 70/2003 and subsequent amendments (Electronic Commerce regulations).
2. These conditions apply, however, exclusively to contracts concluded with the Professional-Customer as identified under art. 3 letter c) of the Consumer Code, namely “the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary” and therefore the provisions of the Consumer Code do not apply to these Conditions.
3. For the Consumer-Customer pursuant to art. 3 letter a) of the Consumer Code “the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out,” these Conditions are not valid, as specific sales conditions for the Consumer-Customer are provided on the Site for this figure.
4. Without prejudice to AMETISTA’s right to modify these provisions at any time, in the event of changes to these General Conditions, the General Conditions published on the Site at the time the purchase order (hereinafter also just “Order”) is sent by the buyer shall apply.

2) Subject of the contract

1. With these general conditions of sale, AMETISTA sells and the Professional-Customer purchases at a distance the Products with the relative Prices as presented on the reference Site, in respect of which it reserves the right to make changes, including substantial ones, even without notice, pursuant to article 6.11.
2. The contract is concluded via the internet, through access to the site www.apolesport.com and following the completion of a purchase order according to the procedure provided within it.
3. The purchase contract stipulated on the Site concerning the Products (hereinafter also simply “Contract”) is understood to be concluded with AMETISTA.
4. The Professional-Customer undertakes to review, before proceeding with the confirmation of their order, these general conditions of sale, in particular, the pre-contractual information provided by AMETISTA, and to accept them by ticking the appropriate checkbox.
5. By checking the box “I accept the General Conditions of Sale” at the time of order confirmation on the Site, the Professional-Customer acknowledges having read and accepted these Conditions of Sale without reservation.
6. By checking the box “I specifically accept the unfair clauses pursuant to art. 2.6. of the General Conditions of Sale” at the time of order confirmation on the Site, the Professional-Customer acknowledges having read and expressly accepted (pursuant to articles 1341 and 1342 of the civil code) the provisions of articles 4.3. (order check), 4.4. (order modification), 5.4. (payment by cash on delivery), 6.2. (delivery costs), 6.3. (customs duties), 6.12. (computer error), 7.5. (costs of unsuccessful delivery attempts), 7.6. (delivery times), 7.7. (liability for delivery times), 8.2. (withdrawal access conditions), 10.3. (product return conditions), 10.4. (return management), 10.5. (product return costs), 10.6. (product restoration conditions), 11.1. (return procedure), 12.3. (partial waiver of right of recourse), 12.4. (mandatory assistance), 12.5. (assistance procedure), 12.6. (costs for returning product for assistance), 12.7. (AMETISTA liability exclusions for customer or third-party tampering), 13.1. (prevailing language), 13.4. (competent court).
7. By checking the box “I declare that I have read the privacy policy,” the Professional-Customer acknowledges having read and understood the information regarding the processing that will be carried out concerning their personal data.
8. By checking the box “I consent to the processing of my personal data for marketing purposes based on the Privacy Policy,” the Professional-Customer gives consent after reading and understanding the policy on the processing of personal data for the respective purposes.

3) Order

1. Subject to exceptional cases of necessity expressly authorized by AMETISTA through other channels, it is understood that Orders can be concluded through the online order procedure made available on the Site www.apolesport.com.
2. The Professional-Customer correctly concludes the order procedure if the Site does not display any error message (the system cannot detect errors in reference to the data entered in the field dedicated to the addresses for billing and shipping).
3. AMETISTA provides for the possibility of selling its Products online exclusively for Orders whose amount is greater than or equal to Euro 15.00 (delivery costs excluded).

4) Conclusion and effectiveness of the contract

1. The Purchase Contract will be considered concluded between AMETISTA and the Professional-Customer at the time the latter receives an e-mail (hereinafter also referred to as “Order Confirmation” or “Confirmation”) at the e-mail address provided during the purchase phase, and not before.
2. The Confirmation will contain the summary of the order placed, including Delivery costs, costs referred to any additional Services requested, and instructions for making the payment by bank transfer in the event that the Professional-Customer has preferred this specific payment method.
3. The Professional-Customer undertakes to verify with the utmost attention and care the correctness of the data entered both during the purchase phase and, subsequently, upon receipt of the Order Confirmation.
4. The Professional-Customer undertakes to communicate to AMETISTA any corrections that may be necessary no later than 24 (twenty-four) hours after receipt of the Confirmation.
5. The Order Number communicated by AMETISTA must be used by the Professional-Customer in every communication with the company.
6. AMETISTA undertakes to describe and present the Products on the Site in the best possible way, although some differences from the actual Product may occur.
7. The Professional-Customer declares to be aware that the photographs of the Products presented on the Site www.apolesport.com do not constitute a contractual element, but are merely exemplary.

5) Payment methods

1. Payment by the Professional-Customer may only take place according to the methods indicated on the site www.apolesport.com: bank transfer, credit card, PayPal, satispay and klarna.
2. In case of payment by credit card, the actual charging of the Order amount will take place only when the order is complete and ready for shipping.
3. In case of payment by PayPal, the actual charging of the Order amount will take place simultaneously with AMETISTA sending the Order Confirmation e-mail.
4. In case of payment by Satispay, the actual charging of the Order amount will take place simultaneously with AMETISTA sending the Order Confirmation e-mail.
5. In case of payment by Klarna, the actual charging of the Order amount will take place only when the order is complete and ready for shipping.
6. Communications relating to payment and data communicated by the Professional-Customer at the time it is made take place exclusively on protected lines: the security of payment by Credit Card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

6) Prices

1. All Prices of the Products indicated on the Site are inclusive of VAT.
2. Delivery costs, as calculated and regulated in the subsequent articles of these General Conditions, remain at the exclusive expense of the Professional-Customer.
3. Any customs duties, which cannot be calculated in advance, as quantified by the competent border authorities, remain at the exclusive expense of the Professional-Customer even in the case of returning the Product to AMETISTA.
4. The Delivery Service used by AMETISTA is available for both Italy and abroad.
5. The cost, timing, and provider of the Delivery Service used by AMETISTA can be independently selected by the Professional-Customer before purchase, through a special tool made available on each product page, reachable by clicking the “Calculate shipping costs” button.
6. Similarly, higher costs deriving from any unsuccessful delivery attempts that are attributable to non-appearance at the address provided or to the indication of an incorrect or outdated address will be exclusively at the expense of the Professional-Customer.
7. The Price highlighted on the Site and indicated in the cart at the time the Order is sent applies to the Products and Services, without any consideration of previous offers or any Price variations that occurred subsequently.
8. Without prejudice to the provision of the previous article (article 6.10.), AMETISTA reserves the right to modify the prices of the Products on its site at any time.
9. In case of a computer, manual, technical, or any other type of error that results in a substantial change, not foreseen by AMETISTA, in the retail price, making it exorbitant or clearly derisory, the Order will be considered invalid and cancelled and the amount possibly paid by the Professional-Customer will be refunded or, if of interest to the latter, a coupon of at least equal value will be issued.

7) Delivery of products and Shipping times

1. AMETISTA will carry out the delivery (hereinafter “Delivery Service” or simply “Delivery”) by courier, upon receipt of payment.
2. The Professional-Customer is, therefore, required to check that the packaging is intact and clean and that the Products received correspond to what is reported on the Order.
3. In the event of a Product and/or Service visibly defective in quality and/or quantity and/or integrity of the packaging, AMETISTA asks the Professional-Customer to report the aforementioned anomalies on the transport document, adding the wording “WITH RESERVE,” and to contact the company immediately at the references indicated on the site.
4. At the time of Delivery, the presence of the Professional-Customer or a trusted person indicated by them is always required.
5. The higher costs connected to any unsuccessful delivery attempts attributable to non-appearance at the address provided and/or to the indication of an incorrect and/or outdated address will be exclusively at the expense of the Professional-Customer.
6. The table with the estimated production and shipping times for each category of sporting items available on the site is present here, which in any case will have a merely indicative value: the scheduling of delivery remains at the total discretion of AMETISTA based on the customizations requested by the customer, for which no responsibility can be attributed in case of variation communicated in advance to the Consumer-Customer.

1. The Professional-Customer declares to release AMETISTA from any liability in case of delays caused by events, acts, facts and circumstances unpredictable at the time of the conclusion of the individual Purchase Contracts, unavoidable and in any case outside the control of AMETISTA (by way of example but not limited to, vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any nature that limit the exercise of business activity and/or circulation, pandemics, etc.), which will make every reasonable effort to fulfill the obligations assumed and provided for in the Purchase Contract. In such uncontrollable situations, however, AMETISTA will promptly communicate to the Professional-Customer a new deadline within which it will fulfill the Delivery.

8) Legal Guarantee

1. The Professional-Customer has the right to avail themselves of the Legal Guarantee of 12 (twelve) months from delivery of the Product, limited to the Products offered and sold by AMETISTA.
2. This Guarantee provides, among other things, that the Professional, under penalty of forfeiture, reports to AMETISTA any lack of conformity found in the purchased product no later than 8 (eight) days from discovery and in any case, no later than 1 (one) year after delivery of the product.
3. Following such report, subject to verification by AMETISTA of the complained non-conformity, the Professional-Customer will have the right to request the repair or replacement of the Product, following the specific instructions provided by AMETISTA following the request and according to the methods indicated in article 11.
4. Alternatively, at its total discretion, AMETISTA may opt for a refund of the value of the Product parameterized at the time of the Order.
5. The Professional-Customer who complains of non-conformity under Warranty of a Product must return it at their own expense to AMETISTA, which will proceed with the appropriate checks.
6. AMETISTA, once the verification on the product has been carried out, will promptly inform the Professional-Customer about any non-conformities found: only in the case that they are identified, AMETISTA will provide for the repair or replacement of the Product free of charge.
7. In the case of ascertained non-conformity, in addition to free replacement or repair, AMETISTA will provide for the return of the product without cost and the refund of the price advanced by the Professional-Customer to ship the product for the purposes of verifying the non-conformities.
8. If no non-conformity is found in the Product, the Professional-Customer will be promptly informed so that they can arrange for collection at their own expense.
9. In case of replacement or repair of the Product, the terms of the Legal Guarantee applicable to it will be the same as the original Product, without the annual duration calculated from the original Delivery date undergoing extensions.
10. The Professional-Customer declares to be aware that in order to benefit from AMETISTA’s Legal Guarantee, they must show proof of purchase of the Product, so as to allow the company the appropriate checks.
11. The Return of the Product(s), for whatever reason it takes place, may only take place following a specific agreement made with AMETISTA regarding timing, methods and content of the shipment and, therefore, AMETISTA will not be responsible for any products returned to its headquarters without its previous authorization, even reserving the right not to collect the Products in question, returning them to the sender.

9) Methods for returning products to AMETISTA

1. In order to guarantee the Professional-Customer the correct exercise of their rights connected to the suitability of the Product based on typical use (legal guarantee indicated in article 8.), AMETISTA provides for a specific procedure to which the Professional-Customer must adhere for the eventual return of the Product.

2. In case of damage or defects of the Product, the Professional-Customer must first send the photos of the item in advance to the address info@apolesport.com, waiting for instructions from AMETISTA.

2.1. Upon confirmation from AMETISTA to that effect, the Professional-Customer may proceed with the return by safely packing the items and placing them in a box, choosing whether to rely on a courier selected by AMETISTA or whether to provide for it independently.

2.2. If the Professional-Customer relies on the return service made available by AMETISTA, they only need to wait for the arrival of the courier for collection;

2.2.1. for any modification, rescheduling or tracking of the collection, the Professional-Customer can follow the instructions received from AMETISTA or those available on the website of the relative courier.

2.3. If the Professional-Customer, instead, prefers to organize the return independently:

2.3.1. they must go to a post office or organize a collection with a courier, obtaining a return label on which the recipient must appear as:

AMETISTA di Casini Andrea

Via di Mezzo 26t CALCINAIA PI

TEL +39 3475012066

Reason: Return order No. **

10) Right of recourse

1. Where the Professional-Customer decides to resell APOLE® Products to Consumers in Europe (hereinafter also just “final Consumers”), the same will be required to provide them with the right guarantees pursuant to articles 128 et seq. of the Consumer Code.

2. The Professional-Customer declares to be aware that towards the final Consumer who intends to exercise the rights recognized by the Consumer Code in relation to APOLE® Products, they will be the sole and exclusive responsible person and contact point, with the contractual relationship occurring only with them (and not also with AMETISTA).

3. The Professional-Customer, therefore, remains the sole person responsible towards the final Consumer and waives the right of recourse for lack of conformity against AMETISTA once the 12 (twelve) month warranty period granted by AMETISTA has expired.

4. In derogation from the provisions of art. 131 of the Consumer Code, the Professional-Customer who must comply with the remedies sought by the final Consumer can only ask AMETISTA for the repair of the product still subject to the annual warranty, under penalty of forfeiture of the rights recognized pursuant to article 10.

5. The communication to AMETISTA by the Professional-Customer, in the interest of the final Consumer, must take place:

5.1. within the first 12 (twelve) months from the purchase of the Legal Warranty Product;

5.2. via registered mail with advice of receipt or by certified e-mail (PEC);

5.3. in any case, within 5 (five) days from the final Consumer’s report.

6. AMETISTA will not be required to bear the costs for shipping the Product to its headquarters nor those for returning it to the Professional-Customer, nor even for the return to the final Consumer or in relation to any further ancillary charges.

7. The Professional-Customer declares to be aware that AMETISTA will not be responsible for any defects or non-conformities caused by the Professional-Customer in the attempt of independent repair of the product provided by AMETISTA.

8. For what is not specifically derogated here, the provisions of articles 8. (guarantee) and 9. (return methods) remain valid.

11) Validity, applicable law and competent court

1. These Conditions of Sale are drafted in the Italian language, the official language of the State to which the company AMETISTA di Casini Andrea belongs and the only one valid in case of inconsistencies in meaning compared to the translations made available.
2. These Conditions of Sale consist of the totality of the clauses that compose them. If one or more provisions of these Conditions were subsequently considered invalid or declared as such pursuant to law, customs or following a decision by a competent judicial or administrative authority, the other provisions will continue to have full force and effect.
3. These Conditions of Sale and the relationship between the parties are governed exclusively by Italian law.
4. Every dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of Pisa.

12) Reference to personal data processing

1. The Professional-Customer’s data are processed by AMETISTA in accordance with the provisions of the legislation on the protection of personal data, as specified in the Privacy policy and Cookie information available on the Site.