Terms of service

1. GENERAL ELEMENTS OF THE CONTRACT AND USE OF THE SITE

These general terms and conditions of sale (hereinafter also referred to as "GTC" or "General Terms and Conditions") govern the terms and conditions of sale of Sundek brand products ("Products") through the website www.sundek.us ("Site") by Kickoff S.p.A. (hereinafter also the "Seller" or "Kickoff S.p.A."), registered office in Via Albert Einstein 24, Campi Bisenzio (FI), Italy, share capital Euro 2,300,000.00, Company Register of FI, C.F.01656590484 and VAT no. 00266130970, REA: Florence no. 554753, owner of the above-mentioned trademark, on the Italian territory and worldwide. The purpose of these General Conditions is to define the rights and obligations of the parties in the field of the online sale of Products through the Site. The use of the distance selling process described in these General Terms and Conditions is reserved exclusively for consumers, meaning natural persons acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out (hereinafter referred to as "Customer" or "Clients") pursuant to Article 3 of Legislative Decree 206/2005 (hereinafter referred to as the "Consumer Code"). The online sales system, which presupposes active intervention on the part of the Customer, has been implemented in full compliance with the regulations on distance sales as provided for and regulated by the Consumer Code. The purchase of Products through the Site is subject to the Customer's registration in the reserved area. At the time of registration, the Customer will be asked to provide his/her name, surname, contact details, including his/her e-mail address, as well as the choice of a password, which will allow the Customer access to the personal area and the purchase of Products. By registering, the Customer guarantees that the personal data provided, the processing of which by the Seller is regulated by the Privacy Policy of the Site, is correct and truthful. The Customer undertakes to promptly update his or her data and to diligently guard the username and password used to access the personal area, declaring that he or she is aware that the communication of such authentication data to third parties and/or their use by third parties is not permitted and may result in his or her liability for using the Site and the credentials in a manner that does not comply with these GTCS.

2. SCOPE OF APPLICATION

These GTCS are applicable to all sales of Products concluded through the Site and, therefore, must be carefully examined by the Customer before completing the Product purchase procedure. The submission of any order for the purchase of a Product on the Site presupposes the prior consultation and acceptance of these GTCS, as well as of the terms of payment set out below. The validation confirmation of sending the purchase order implies full acceptance of these General Terms and Conditions. By sending a purchase order via the Site, the Customer acknowledges that Kickoff S.p.A. does not consider itself bound by any General Terms and Conditions of sale and/or payment other than the present ones, unless previously agreed in writing with the Customer. The General Terms and Conditions described herein shall be deemed applicable and in force for as long as they are published on the Site. Future and any amendments thereto shall be published on the Site and shall apply exclusively to orders placed as from the day following their publication. The Seller and the Customer explicitly agree to give value as a valid electronic signature for the conclusion of the contract of sale, as regulated in the relevant clauses of these General Terms and Conditions upon completion of the purchase by the Customer. It is understood that these General Terms and Conditions, which are also published in a visible and accessible section on the homepage of the Site, shall also apply as a contract for the use of the Site accepted by mere conclusive use thereof. By transmitting the purchase order, the Customer confirms that he/she knows and accepts these General Terms and Conditions.

3. IDENTIFICATION OF THE SELLER

Kickoff S.p.A registered office in Via Albert Einstein 24, Campi Bisenzio (FI), Italy, share capital Euro 2,300,000.00, Company Register of FI, C.F.01656590484 and P. IVA 00266130970, REA: Florence n.554753 , owner of the above mentioned trademark, on the Italian territory and worldwide.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site, as well as all trademarks and distinctive signs used by Kickoff on the Site, are protected by applicable intellectual and industrial property rights and any reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, of the content of the Site, the trademarks and distinctive signs used by Kickoff is prohibited (including but not limited to works, images, photographs, drawings, videos, graphics, colours, functionality and design of the Site). in accordance with these GTC.

5. PRODUCT INFORMATION

Only products bearing the Sundek registered trademark are offered for sale on the Site. Kickoff does not sell used, irregular or substandard products that are inferior to the corresponding standards offered on the market. The essential characteristics of the Products are presented on the Site within each product sheet. The images and colours of the Products offered for sale on the Site may, however, not correspond to the real ones due to the Internet browser and monitor used. All Products are provided with an identification tag. The Customer shall not remove the aforementioned identification tag from the purchased Product in the event that it intends to avail itself of the right of withdrawal, which may be exercised under the terms of Article 52 of the Consumer Code. Otherwise, Kickoff has the right not to accept the return of Products without the relevant tag or which have been altered or tampered with in their essential and qualitative characteristics or which have been damaged.

6. PRODUCT ORDER

The purchase order can be placed through the Site by following the steps and instructions specified on the Site itself. Upon successful completion of this process, Kickoff will give immediate notification of the receipt of the order, reserving the right to carry out a standard pre-authorisation check on the Customer's payment card in order to ensure that sufficient funds exist for the completion of the transaction. The order shall be processed once Kickoff has received confirmation of successful payment for the purchase. At the time of acceptance of the order, the Customer receives written confirmation of the concluded contract containing information about the Products ordered, the amount paid, details of the price of each Product, any shipping costs, as well as the existence of the right of withdrawal and information about support services and guarantees of conformity of the Product(s) in accordance with current legislation. Kickoff also reserves the right to communicate, within 10 days following receipt of the purchase order, any impossibility of processing the order, which shall be followed by the immediate cancellation of the order and the simultaneous release of the full amount reserved for payment. This circumstance may occur in the event of goods being out of stock or if the order does not correspond to normal consumption needs (this to be evaluated, purely by way of example and not exhaustively, in relation to the number of products purchased within a single order, in the event of multiple orders for the same product, etc.) or due to force majeure.

7. PAYMENT

Any payment by the Customer may be made exclusively by credit cards indicated on the Site, by PayPal payment method, or by Scalapay. The total amount of the order is committed at the time the purchase order is sent to Kickoff, subject to acceptance thereof by the latter pursuant to the provisions of Article 7 of these GTC. For payment purposes, the Customer must - in the case of payment by credit card, confirm through the Site the details of the holder of the credit card used for the purchase. - in the case of payment by PayPal, enter the access details in the space provided on the PayPal pages to which he will be automatically redirected, and then complete the payment in the manner indicated by the administrator of that payment system. Scalapay allows payment of the order in 3 interest-free instalments. If you do not have a Scalapay account, you can create one easily and free of charge via https://portal.scalapay.com/signup. If you buy with Scalapay, you receive your order immediately and pay in 3 instalments. The order submission procedure will be considered to have been effectively completed once the payment operations have been completed, once the Customer has been redirected to the page on the Site confirming the submission of the purchase order.

8. PRODUCT PRICE

The price of each single Product present on the Site is relative to the same, is expressed in Euro and inclusive of VAT. Shipping costs are not included in the price of the Product but, if present, are indicated and calculated before the purchase order is sent and before payment is made. Any offers and special conditions promoted by the Seller are valid until the date of validity indicated on the Site or when stocks are exhausted and, in any case, are subject to the effective availability of the relative Products by the Seller.

9. DELIVERY

Deliveries are entrusted, unless otherwise indicated, to the courier BRT or DHL for Italy and DHL for Europe and the Rest of the World. The purchased Product will be delivered by courier to the address specified by the Customer when sending the on-line purchase order. The indicative delivery times are shown in the Shipping and Returns section. In accordance with the provisions of Article 61 of the Consumer Code, delivery shall in any case take place no later than 30 days from the conclusion of the contract. The Products delivered shall become the property of the Customer upon receipt, and the Customer shall be liable for any loss or damage suffered by the Products from that time onwards. Therefore, the Customer is invited to refuse the package or to accept the delivery by the carrier with reservation if the package is tampered with or not intact upon delivery and to promptly notify our customer service by sending an email to customercare@sundek.it. In the event that the delivery of the Product(s) to the Customer does not take place within 5 working days following the date of shipment, as communicated to the Customer by Kickoff at the same time, and it has become impossible to track the location of the goods by means of the online system which will be made available to the Customer, the Customer shall notify Kickoff of the delay or non-delivery of the Product(s) via the 'Contact' page of the Site. Kickoff undertakes to ensure new shipment of the lost Product(s), subject to the unavailability of the same or force majeure, in which case the order shall be cancelled and the amount reserved for payment shall be refunded at the same time.

10. RIGHT OF WITHDRAWAL AND RETURNS

In accordance with the legal provisions in force and in particular the provisions of Article 52 of the Consumer Code, the Customer has the right to withdraw from the purchase within 14 calendar days from the date of receipt of the Product(s); the cost of the items affected by the exercise of this right will then be refunded. If the Customer decides to use a courier other than the one appointed by the Seller and to return the Product(s) independently in the event of withdrawal, the Customer shall bear the cost of returning the Product(s) to the Seller directly. Regardless of the withdrawal method chosen by the Customer, the returned Product must be returned intact and unused, together with the original packaging and any accessories, in the same condition in which it was received, no later than 14 calendar days from the day on which the withdrawal from the purchase was communicated. The Customer must ensure in particular that - the Product has not been used or has been damaged during the trial; - the Product has not been soiled or has undergone washing; - the Product retains all the original pendants, labels and finishes; - the Product has not been modified in any way. In the event that the return does not meet the conditions listed above, i.e. the Products returned by the Customer are damaged, incomplete, deteriorated and/or dirty, they shall not be refunded and shall be returned to the Customer who shall bear the costs of the courier for the return. To exercise this right of withdrawal, the Customer must register the return request by accessing his or her Profile or by entering the order number on the appropriate page The Customer will be informed by e-mail of the acceptance or refusal of the return.

10.1 RETURNS ON E-COMMERCE The Customer who intends to exercise this right through the Website must access his or her Profile, in the special section relating to orders and choose the items he or she intends to return In this form the Customer must indicate - items to be returned - reason for return among those indicated; The Product to be returned must be delivered to the BRT or DHL courier The courier or Customer Service will transmit the return documents within 3 working days from the registration of the return request. During holidays, the time required to send the return documentation may be delayed. In the event of non-receipt of the return documentation within 7 days, the Customer shall inform the Seller by email to customercare@sundek.it indicating the order or return number. It is specified that if the Customer intends to use the Courier appointed by the Seller to return the Products, delivery of the same to the Courier appointed by the Seller shall take place at the place where the Products were delivered by the Seller at the time of sale. The Customer may directly contact the Courier appointed by the Seller to agree on a different place for such delivery, provided that it is in the same country where the Products were delivered by the Seller. If, therefore, the Customer wishes to return the Products by means other than those offered by the Seller, or to arrange for the return of the Products to the Seller independently, the Customer shall bear all related charges and expenses directly.

11. REFUND IN CASE OF WITHDRAWAL

In the event of a right of withdrawal exercised in the manner, terms and under the conditions of these General Terms and Conditions, the Customer has the option of opting for a refund of the amount paid. In case of refund of the amount paid, the Seller's operators shall ascertain that the Product has not been used or damaged. The Customer shall receive an email confirming the successful outcome of the return; Kickoff shall credit the amount corresponding to the amount paid for the returned Product(s) via the payment method selected at the time of purchase, as soon as possible and in any event within 14 calendar days of receipt of the returned goods. In the event that the amount refunded is incorrect, the Customer must contact Customer Service for a rapid resolution of the problem. The refund does not include transport costs incurred during the purchase of the goods. In case of Extra Cee return, the amount of duties incurred to return the package will be deducted from the refund.

12. ITEMS NOT ORDERED, DAMAGED OR NOT CONFORMING TO THE ORDER

We wish to inform Customers that the Seller subjects its garments and the materials with which the Products are made to strict quality controls, guaranteeing that they are marketed in perfect condition. In the event that the colour or size of the garment received does not correspond to what was expected at the time of the order, the Customer may return it within the terms of the withdrawal period (14 calendar days from the delivery of the Product to communicate the request for withdrawal and 14 calendar days following such communication to deliver the return to the courier), following the return procedure indicated in these General Conditions. If the Product is damaged, or was not ordered by the Customer, it may be returned immediately through the procedures indicated, specifying the reason for the request. The return shipping costs shall be borne in full by Kickoff. If there is evidence that the package upon delivery is tampered with or not intact and that, consequently, the Product has been damaged during transport, the Customer shall refuse the package or accept it with reservation. Kickoff shall reimburse the Product sold which has been damaged during shipment by the carrier, provided that the Customer has notified Kickoff in writing via the email address customercare@sundek.it of the damage within 48 (forty-eight) hours following the rejection of the package delivered to it or its acceptance with reservation. If even one of the above conditions is not met, Kickoff shall not credit the amount paid, nor shall it replace the Product, which, in this case, shall be immediately made available to the Customer for collection at its expense. In this case, Kickoff shall notify the Customer by email of its refusal to accept the return, indicating the place where it will be collected. Lastly, please note that under no circumstances may requests for sartorial changes to purchased garments be granted. Similarly, Kickoff shall not reimburse the costs incurred by the Customer in making autonomous adjustments and/or sartorial changes to the purchased garments, which shall remain the sole responsibility of the Customer. In the event of faulty garments, the Customer is always invited to contact Customer Services as soon as possible and in any event within the return period of the Product, for any necessary prior arrangements.

13. CONFORMITY - WARRANTY

With regard to guarantees of conformity of the purchased Product, the legal guarantees provided for by law are also applicable to the sale of Kickoff Products regulated by the GTC. We therefore refer you to Articles 129, 130 and 132 of the Consumer Code relating to the Customer's rights against Kickoff in the event of non-conformity of the Products delivered and the procedures for exercising them.

14. COMPLAINTS - COMPLAINTS - INFORMATION

For any information or complaint, or for any communication related to the General Conditions, correspondence, orders and/or Sundek Products, the Customer can contact Customer Service through the e-mail address customercare@sundek.it in the Contacts section on the Site. The Customer can contact Customer Service free of charge via e-mail by filling out the appropriate online form. It should be noted that, should the Customer decide to use any other channel or form of communication (by way of example: regular mail, fax, calls to a pay phone number in any way traceable to Kickoff) than those described above, Kickoff shall not be obliged in any event to reimburse any related expenses incurred by the Customer.

15. FORCE MAJEURE

The performance of services by the Kickoff company may be suspended in the event of the occurrence of a fortuitous event or force majeure, including natural events, which prevents or delays their performance. Examples of such events include, but are not limited to, war, riots, insurrections, strikes and supply problems in the Kickoff company attributable to third-party suppliers. The Kickoff company shall inform the Customer of the occurrence of the unforeseeable event or force majeure within 7 (seven) days of its occurrence. In the event that the suspension of services is prolonged for a period of more than 15 days, the Customer shall have the option of cancelling the purchase order placed and shall be reimbursed any amounts already paid.

16. APPLICABLE LAW AND COURT OF JURISDICTION

These General Terms and Conditions are governed by Italian law. In the event of disputes arising from the interpretation, validity, and/or execution of these General Terms and Conditions, the mandatory territorial jurisdiction shall be that of the judge of the place of residence or domicile of the consumer.

17. PROCESSING OF PERSONAL DATA

Kickoff uses the personal data provided by the Customer for the sale of Products and the services necessary for the operation and use of the Site, as well as for the performance of contracts between the parties, in compliance with current legislation on the protection of personal data. For any information on the manner in which Kickoff S.p.A. collects and processes personal data, the Customer may refer to the Site's Privacy Policy.

18. LIMITATION OF LIABILITY AND LICENSE FOR USE OF THE SITE

This Site is provided by Kickoff as is and when available. Kickoff makes no express or implied warranties as to the operation of this Site and/or the content, materials, information or products included on this Site. In addition, access to the Site may also be occasionally suspended or temporarily restricted to allow for necessary maintenance, repair or updating with new services and Products. Kickoff will attempt to limit the frequency and duration of such suspensions and/or limitations. Despite periodic monitoring of the Site, Kickoff does not guarantee that this Site, its servers or e-mails sent are free of viruses or other potentially dangerous components for the user's and/or Customer's PC. By visiting this Site, the Customer accepts that its use is at its own risk. Although Kickoff periodically checks the content of web pages linked to or reachable from the Site, it assumes no responsibility for their content. Kickoff cannot be held liable for any damage - of any kind - resulting from the use of this Site. Kickoff grants you limited access and personal use of this Site and does not permit you to download or modify it, even in part, without express written consent. The licence does not include any use of the contents of this Site for commercial purposes, in particular the use of our product catalogues, descriptions and other materials is not possible. It is not possible to use information from this website for the benefit of other traders, it is not possible to use data mining systems, robots or software that enables downloading and/or extraction of content from our pages. It is not possible to include our pages within frames so that other trademarks can be linked to ours. Publication of content on this Site is solely for the purpose of purchasing the Products published therein.

19. FINAL PROVISIONS

The provisions of the General Terms and Conditions are applicable within the limits of national consumer protection legislation. Kickoff's mere tolerance or failure to object to the Customer's failure to comply with the provisions of the General Terms and Conditions cannot be interpreted as tacit acceptance of such failures, nor as a desire to deviate from what was agreed between the parties. The possible ineffectiveness and/or invalidity, in whole or in part, of one or more clauses of these General Conditions shall not imply the invalidity of the others, which shall be considered fully valid and effective between the parties. For anything not expressly provided for in the General Conditions, reference is made to the laws in force at the time of the conclusion of the individual sales contracts, insofar as they are compatible.

COSTS IN ITALY

Costs

The shipping cost is 7 euros by Bartolini courier. Shipping is free for orders over 200 euros. Within 5 business days after receipt of the order and successful payment (following the receipt of the order summary e-mail).
Delivery can only be made to your home.

COSTS ABROAD

EUROPE £15
UK £25
EXTRA EEC 25 €
The total cost of shipping will be calculated and shown in the order summary before payment is made. Shipping within 5 working days after receipt of the order and successful payment (following receipt of the order summary e-mail).

DELIVERY

SUNDEK guarantees delivery in Italy within 5 working days and delivery abroad within 8 working days for orders placed from Monday to Friday before 16:30. Working days are considered Monday to Friday. For Calabria and islands delivery may take an additional day. Couriers deliver from Monday to Friday during office hours (9:00 a.m. to 6:00 p.m.). Orders are processed automatically by our systems and it is not possible to change shipping or delivery times. Your telephone number entered during registration will be useful to the courier in case he needs to contact you.

WHERE WE SHIP

SUNDEK delivers worldwide, with the exception of Russia. Our e-shop uses a geolocation system that automatically sets the shipping country to the country from which you are browsing our site. Before proceeding with your order and choosing the items you wish to order, please check the shipping country you have selected and if it is different from the one to which you intend to ship your items, you can change it using the link on each page: SHIPPING COUNTRY.

CONTACT

For purchasing procedures, orders and product information, please contact customer support by e-mail during the following hours:
Monday - Thursday 10:00 - 18:00
Friday 9:00 - 16:00
Mail: customercare.sundek@sundek.it

For commercial information and other requests
KICKOFF S.p.A
Tel. 0039 055 8707090
Press office Mail: press@sundek.it

Registered Office
Kickoff S.p.A. VIA ALBERT EINSTEIN 24, 50013 CAMPI BISENZIO FI P.I. 00266130970
Headquarter

Kickoff S.p.A. VIA ALBERT EINSTEIN 24, 50013 CAMPI BISENZIO FI P.I. 00266130970