Terms and Conditions

General conditions of sale

The offer and sale of products made on the website www.liviosport.it are governed by these General Conditions of Sale. The Customer is required, before submitting their Purchase Order, to carefully read these general conditions of sale. The forwarding of the purchase order implies full knowledge and express acceptance of both the aforementioned General Conditions of Sale and what is indicated in the Order Form. Once the online purchase procedure has been completed, the Customer is required to print and keep these General Conditions of Sale and the related Order Form, which have already been viewed and accepted.

1. Object

1.1 These General Conditions of Sale have as their object the sale of products made online through an electronic commerce service on the website www.liviosport.it.

1.2 The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the Order processing procedure.

2. Subjects

2.1 The products are sold directly by the company Gardenia s.r.l. with registered office in 38035 Moena (TN), Piaz de Sotegrava, 9, Italy, Tax Code/VAT number 01272050228 (hereinafter "Livio Sport" or "Seller"). For any information requests, you can contact Livio Sport:

by email to the following address: shop.online@liviosport.it
by phone: +39 0462 573368
by post to the following address:
Gardenia s.r.l.
Piaz de Sotegrava, 9
38035 Moena (TN) - Italy

2.2 The products are sold to the Customer identified by the data entered when completing and sending the Order form in electronic format with simultaneous acceptance of these General Conditions of Sale.

2.3 The product offers on the website www.liviosport.it are aimed exclusively at customers of age. If you are under the age of 18, you must first have the consent of one of your parents or a legal guardian in order to purchase on the website www.liviosport.it. Remember: this always applies, not only for our site but for all sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear to you, always ask your parents for help. By placing an Order through this website, you guarantee us that you are of legal age (18 years) and that you have the legal capacity to enter into binding contracts.

2.4 The Customer is prohibited from entering false and/or invented and/or fictional names in the online Order procedure and further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

2.5 Furthermore, by accepting these Conditions of Sale, the Customer exempts the Seller from any liability deriving from the issue of incorrect tax documents due to errors in the data provided at the time of placing the Order online, as the Customer is solely responsible for their correct insertion.

3. Selling through an electronic commerce service

3.1 By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer, and Livio Sport, as Seller, in the context of an e-commerce service organized by Seller who, for this purpose, uses remote communication technology known as the Internet.

3.2 To conclude the purchase contract for one or more Products, the Customer must fill out the Order form in electronic format (henceforth Order) and send it to the Seller via the Internet following the relevant instructions.

3.3 The Order contains:
a reference to these General Conditions of Sale;
information and images of each Product and its price;
the means of payment that you can use;
the methods of delivery of the Products purchased and the relative shipping and delivery costs;
a reference to the conditions for exercising your right of withdrawal;
the methods and times for returning the purchased products.

3.4 Although Livio Sport constantly adopts measures aimed at ensuring that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the colour resolution characteristics of the computer you are using. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since these representations are merely illustrative.

3.5 Before concluding the contract, the Customer will be asked to confirm that they have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.

3.6 The contract is concluded when the Seller receives the Order Form sent by the Customer via the Internet, after verifying the correctness of the data relating to the Order itself.

3.7 The language available to conclude the contract with the Seller is Italian and the applicable law is Italian.

3.8 Once the contract is concluded, the Seller will take charge of the Order for its evasion.

4. Order fulfilment

4.1 By submitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in relations with the Seller.

4.2 Once the contract is concluded, the Seller will send the Customer, by email, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.

4.3 Without prejudice to the possibility for the Seller, before sending the Order Confirmation, to request you via email or on the telephone indicated by the Customer, further information regarding the Order sent over the Internet.

4.4 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform the Customer by email that the contract is not concluded and that the Seller has not followed up the Order, specifying the reasons. In this case, the sum previously committed on the Customer's means of payment will be released.

4.5 If the products presented on the website are no longer available or on sale after sending the Order, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) working days from the day following that in which the Customer will have sent the Order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed on the Customer's means of payment will be released.

4.6 Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item.

4.7 Livio Sport reserves the right to refuse orders from a Customer with whom there is a legal dispute relating to a previous Order. This applies equally to all cases in which Livio Sport deems the Customer unsuitable, including, by way of example, the case of previous violations of contract conditions for online purchases on the Site or any other legitimate reason, especially if the Client has been involved in any kind of fraudulent activity.

5. Sales prices

5.1 Unless otherwise indicated in writing, all Product prices and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time the Order is sent over the Internet. Product prices and shipping and delivery costs may vary without prior notice. Therefore, make sure of the final sale price before submitting the relevant Order.

5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered as not including any costs related to customs duties and related taxes if the shipment takes place in non-EU countries. or in countries where current legislation provides for import charges.

5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.

6. Payment methods

Payment of the price of the Products and related shipping and delivery costs can be made in the manner indicated in the Order form of the website www.liviosport.it and which are summarized below.

6.1 Bank transfer

6.1.1 For online orders on our site, we accept advance bank transfers. Payment must be made no later than 5 working days following the order confirmation, otherwise, the contract must be considered automatically terminated and ineffective and the Customer will receive an order cancellation email. The products will be shipped only after Livio Sport sees the credit on his current account.

6.1.2 The purpose of the transfer must indicate the following data: Name and surname of the person who placed the Order Order number Order date

6.2 Credit cards and prepaid cards

6.2.1 For online orders on our site, we accept both credit card and prepaid card payments (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of Ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the Order.

6.2.2 At the time of online purchase, together with the Order Confirmation, the reference bank will only commit the amount relating to the Order from the present availability of the Customer's credit card. The amount will actually be charged to your credit card only at the time of shipment of the purchased products.

6.2.3 If once the package has been received with the Order, for any reason the Customer intends to make use of the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the Customer's credit card.

6.3 Paypal

6.3.1 If the Customer has a Paypal account, Livio Sport gives the possibility to make payments directly using the email and relative password with which the Customer registered on www.paypal.com.

6.4 At no time during the purchase procedure is Livio Sport able to know the information relating to the Customer's credit card (for example, the credit card number or its expiry date), transmitted via a connection protected by a directly encrypted protocol. to the website of the person managing the electronic payment (bank or Paypal). No electronic archive of the Seller will keep such data. In no case can the Seller, therefore, be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.

7. Shipping and delivery

7.1 Each shipment contains: the products ordered; the relative transport document/accompanying invoice; any accompanying documentation required based on the country of dispatch any information and marketing material.

7.2 The delivery of the purchased Products

7.2.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping.

7.2.2 Upon receipt of the goods at home, we ask the customer to check the integrity of the packages at the time of delivery by the courier. In case of anomalies, the Customer must have the courier detect and note exactly the same and reject the delivery. Otherwise, the Customer's ability to assert the rights in this regard will expire.

8. Right of withdrawal

8.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, within ten (10) working days, starting from the day of receipt of the products purchased on the website.

8.2 The return must be requested and authorized, the Customer must send a request to shop.online@liviosport.it. The Customer must specify in the email the codes of the items he wants to return and the type of refund he wants: purchase voucher or partial refund. Livio Sport will send a confirmation via email which will contain the return authorization number (R.A.N.).

8.3 The return of the items must be made exclusively through the courier specified by Livio Sport, following the instructions received at the time of the return request. The document must be completed as indicated in the authorization email received from the Livio Sport Returns department.

8.4 The right of withdrawal is subject to the following conditions: the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits; the returned Products must not have been used, worn, washed or damaged; the returned Products must be returned in their original packaging; the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times; the returned Products must be delivered to the courier within fourteen (10) working days from the date you received the products;

8.5 The right of withdrawal is exercised in accordance with the previous conditions (paragraph 8.4), the customer can request a refund or a purchase voucher for the value of the return. In the event of a refund, the Seller is required to do so no later than 30 days from the receipt by the Seller of the returned products. Normally, the re-credit by Livio Sport of the amount initially withdrawn takes place very quickly, but the times in which the re-credit will actually be visible on your current account will depend on the customer's bank. If the Customer chooses the Purchase Voucher, he must use it strictly within 6 months of issue. The Purchase Voucher cannot be combined and must be used entirely in an Order of equal or greater value.

8.6 In the event of a return, the only costs charged to the Customer will remain the initial shipping costs of the Order of the products purchased.

8.7 Livio Sport also undertakes to bear the initial shipping costs of the Products exclusively in the event of damage to them due to transport or errors in shipping by the Seller. Only in these cases, the Seller will also reimburse the amount that the Customer has paid as shipping costs.

8.8 In the event of exercising the right of withdrawal without complying with the methods indicated above (for example beyond the 10 days provided for by law, or without having completed the online Return Form, etc.), the Seller will send you the Products purchased again. also charging you the additional shipping costs.

8.9 The right of withdrawal cannot be applied in the case of customized products at the explicit request of the Customer at the time of placing the Order.

8.10 The return will take place on the same medium used at the time of purchase

9. Non-compliant products warranty

9.1The Seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.

9.2 If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that both conditions indicated below are respected:

a) the defect occurs within 24 months from the date of delivery of the products;
b) the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
c) is requested correctly at shop.online@liviosport.it

9.3 In particular, in the event of non-compliance, the Customer who has entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent return of the price.

9.4 All return costs for defective products will be borne by the Seller.

10. Contacts

For any information requests, you can contact Livio Sport:

by email to the following address shop.online@liviosport.it
by phone: 0462 573368
by post to the following address:
Gardenia s.r.l.
Piaz de Sotegrava, 9
38035 Moena (TN) - Italy

11. Communications to the Customer

The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits set by the Site.

12. Applicable law, dispute resolution and competent court

These General Conditions of Sale are governed by Italian law and will be interpreted based on it, without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequent to them must be resolved exclusively by the Italian judicial authority. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the choice of the consumer in case of action taken by the consumer himself, by the Court. of Trento. If, on the other hand, the Customer acts in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Trento.

13. Modification and updating

The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of the relative purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.liviosport.it and in relation to orders submitted after that date.

Information according to art. 13 Legislative Decree 196/2003

Dear Sir / Madam, We wish to inform you that the Legislative Decree n. 196 of 30 June 2003 ("Code regarding the protection of personal data") provides for the protection of persons and other subjects regarding the processing of personal data. According to the indicated legislation, this treatment will be based on principles of correctness, lawfulness and transparency and the protection of your privacy and your rights. According to Article 13 of Legislative Decree 196/2003, therefore, we provide you with the following information:

1. The data you provide will be processed for the following purposes: electronic commerce

2. The treatment will be carried out in the following ways: computerized/manual

3.The provision of data is mandatory and any refusal to provide such data could result in the partial or total failure to execute the contract.

4. The data will not be disclosed to other subjects, nor will it be disseminated

5.The data controller is Gardenia Srl with registered office in Piaz de Sotegrava 9, 38035 Moena (TN) - Italy..

6. The person in charge of the treatment is Patrich Sommariva.

7. At any time you can exercise your rights towards the data controller, according to Article 7 of Legislative Decree 196/2003, which for your convenience we reproduce in full:

Legislative Decree n.196 / 2003,
Art. 7 - Right to access personal data and other rights

1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in an intelligible form.

2.The interested party has the right to obtain the indication:
a) the origin of the personal data;
b) the purposes and methods of the processing;
c) of the logic applied in case of treatment carried out with the aid of electronic instruments;
d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2;
e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representatives in the State, managers or agents.

3.The interested party has the right to obtain:
a) updating, rectification or, when interested, integration of data;
b)the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfilment proves impossible or involves the use of means that are manifestly disproportionate to the protected right.

4. The interested party has the right to object, in whole or in part:
a) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
b) to the processing of personal data concerning him to send advertising or direct sales material or for carrying out market research or commercial communication.