General conditions of Sale

Our general conditions of sale

Here you will find information about

1. General provisions
2. Products and availability
3. Prices
4. Sending order and conclusion of the sales contract
5. Methods of Payment and Invoice
6. Delivery and supply methods
7. Withdrawal
8. Legal guarantee
9. Accompanying document to the goods
10. Dispute Resolution and Jurisdiction
11. Content on the site and disclaimer
12. Changes to the General Conditions of Sale


1. General provisions

1.1 These general conditions of sale ("General Conditions of Sale") govern all sales of Products, as defined below, by Stella Alpina di Mauro De Vitis, Via Giulio Mazzarino, 74/1 - 65126 Pescara - Italy, VAT number IT01974380683, registered in the Pescara Business Register, eMail: info@stellaalpinasport.it, PEC: maurodevitis@peceasy.it, telephone +39 085 2193393 (hereinafter "Stella Alpina") through the website www.stellaalpinasport.it ( hereinafter "Site"), in the version published at the time of the order.

Customer Service Hours:
From 16.00 to 20.00 - Monday
From 9.30 to 13.00 and from 16.00 to 20.00 - from Tuesday to Saturday
           
In addition to the other definitions contained in these General Conditions of Sale, the following terms will have the following meaning:
• "Traditional Products" means all products and services that may be sold by Stella Alpina on the Site other than Products with Digital Elements;
• "Products with Digital Elements" means any product that can be sold on the Site that incorporates or is interconnected with a digital content or service in such a way that the lack of this digital content or service would prevent the performance of the product's own functions , such as but not limited to smartphones, smartwatches, sport watches, GPS, any data product and provided in digital form incorporated or interconnected with a product.
• "Products" collectively means Traditional Products and Products with Digital Elements.


2. Products and availability
       
2.1 The essential characteristics and other information relating to the Products, together with their price and any applicable Special Conditions, are indicated on the Site, in the information sheets relating to each Product ("Product Pages" or individually "Product Page").
           
2.2 The catalog of Products published on the Site is updated daily and may be different from the one in the store. Stella Alpina does not guarantee that the Products available on the Site are also present in the store and vice versa.
           
2.3 The graphic representation of the Products displayed on the Site is merely indicative and may differ from reality; the Customer must therefore rely on the description of the Product and on the characteristics of the same reported on the Product Page.
           
2.4 The Products displayed on the Site can be:
• Available: Products physically present in the warehouse and therefore, as such, can be ordered by the Customer.
• Not available in stock: Products not available, which, as such, cannot be ordered by the Customer. In this case, the Customer can leave their e-mail address to be notified if the displayed Product becomes available again.
• On order: Products that are not physically present in the warehouse but can be ordered by Stella Alpina from its suppliers, at the request of the Customer
     
      
3. Prices

3.1 All prices include VAT. VAT is calculated on all items (22%) with the exception of books, guides and maps (0%).

3.2 Prices do not include transport except in cases where it is expressly indicated. Shipping costs vary depending on the method of shipping and payment.

3.3 We do not accept tax refunds. VAT is not included in the price only for online orders with shipping outside the European Union.

3.4 The prices of the Products on the Site may vary daily undergoing fluctuations, both up and down. The Customer is therefore required to update the cache of his browser in order to view the updated price on the Product Page. In the cart pages the updated price applied to the Order is always displayed.
 
 
4. Sending order and conclusion of the sales contract

4.1 In the event that orders are made on the Site, the consumer enters into a contract with the Owner of the Site.

4.2 The display of the products on the site does not imply a legally binding offer, but simply a free online catalog. By clicking on the "submit order" button, the sales contract for the items selected in your cart is finalized. The order confirmation takes place simultaneously with the acceptance of the order immediately after sending the order. An order confirmation will be displayed and a copy will be sent by e-mail. With this order confirmation the purchase contract is considered perfected. In exceptional cases we reserve the right (eg unavailability of the goods) to terminate the contract. In this case the customer will be contacted immediately also to propose possible alternatives.
           
4.3 Stella Alpina reserves the right to cancel orders outside Italy if the shipment is too expensive. We refer to heavy and / or bulky products (such as crash pads) to be shipped outside the European Union or in areas that are difficult to reach such as islands, even in the European Union. In these cases we reserve the right to contact the customer to inform him of the shipping costs and to cancel the order by fully refunding the amount.
           
4.4 Stella Alpina also reserves the right to cancel orders where one or more items have an incorrect purchase price, due to a typo or an error in entering the price. In these cases we reserve the right to contact the customer to inform him of the error and to cancel the order by fully refunding the amount paid.
 
       
5. Methods of Payment and Invoice

5.1 The Customer may pay the price of the Products and any shipping costs using the payment methods indicated on the Site before sending the Order.
           
5.2 Stella Alpina accepts the following payment methods:
• credit or prepaid card.
• PayPal and PayPal in 3 installments: in case of payment with PayPal, the charge will be made at the time the Order is sent and the sales contract is finalized. In case of cancellation by the Customer, the amount paid will be promptly re-credited to the same PayPal account;
• in-store payment: in-store payment is only possible if in-store pick-up is chosen as the delivery method. Payment in the shop can be made by cash, credit card, debit card, bank check or Gift Card; in the event of non-payment and simultaneous collection of the Products purchased within 10 (ten) days from the date of notification of availability for collection, Stella Alpina will have the right to terminate the sales contract pursuant to and for the purposes of art. 1456 cc by sending an email to the customer;
• cash on delivery: cash on delivery is possible in case of home delivery. Payment must be made in cash to the courier upon delivery;
• bank transfer: payment by bank transfer must be made and received by Stella Alpina within 10 (ten) days from the date of the Order and completion of the sales contract; in case of non-receipt of payment within the indicated term, Stella Alpina will have the right to terminate the sales contract pursuant to and for the purposes of art. 1456 cc by sending an email to the customer.
• Bank account details
Banking institution: Intesa San Paolo
Account holder: MAURO DE VITIS
IBAN: IT13C0306915424100000000642
S.W.I.F.T./BIC-Code: BCITITMM
• Gift Vouchers: can be used as a supplementary payment method in the shop and not valid for cash on delivery;
       
Depending on the Products and / or the delivery methods selected, some payment methods may not be available.

5.3 The data for issuing the invoice must be those entered by the Customer in the billing address field and changes to the invoice are not permitted after its issue.
 
           
6. Delivery methods

6.1 Stella Alpina will proceed with the delivery of the Products (by shipment or delivery in the store, depending on the method chosen by the Customer) only after the payment has been made by the Customer.

6.2 The expected delivery times are indicated in the relevant pages of the Site shown above and in the cart pages, which are however indicative and not binding. Deliveries will be made in any case within 7 days from the date of sending the Order and completion of the contract, except in the cases of:
Products available to order:
• Delivery times for products made to order could exceed 7 days, the Customer is therefore required to contact customer service before finalizing the sales contract to have an indication of the expected delivery times.

6.3 In case of PayPal payment, the shipping address will be exclusively the one indicated in the PayPal transaction notification, no other address will be considered.
    
       
7. Withdrawal and Returns

7.1 Pursuant to the provisions of the Consumer Code, the Customer has the right to withdraw from the sales contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorized representative upon receipt of the Product) materially comes into possession of the Product. In the case of services included in the Products, the term of 14 (fourteen) days starts from the conclusion of the sales contract.
           
7.2 The Customer can exercise the right of withdrawal through one of the following methods: by accessing the personal page of his account, selecting the Product for which he wishes to exercise the withdrawal and sending the Withdrawal Form in electronic format; by delivering the Product to the point of sale. Each return must be communicated in advance and authorized by Stella Alpina.
The Customer can make use of the withdrawal by downloading, completing and sending the Withdrawal Form (available on this page or requestable from Customer Service) through one of the following channels:
email to info@stellaalpinasport.it;
PEC at maurodevitis@peceasy.it;
registered letter with return receipt to the following address: Stella Alpina, Via Giulio Mazzarino 74/1 - 65126 Pescara (PE);
           
As an alternative to using the withdrawal form indicated above, the customer can use the following standard text
I / we (*) hereby notify the withdrawal from my / our (*) contract concluded for the purchase of the following goods / services (*)
- ordered on (*) / received on (*)
- name of the buyer (s)
- address of the buyer (s)
- data
(*) Delete where inapplicable
                  
7.3 Upon receipt of the communication of the exercise of the right of withdrawal, Stella Alpina will send the Customer an e-mail confirming receipt of the withdrawal exercised. Within 3 (three) working days of receiving the notice of withdrawal, the Customer will receive a return authorization number which will identify the file and an indication of the address to which the products can be returned. The Customer will be required to send the carefully packed Product to the address indicated in the same email, at his own expense, reporting the return authorization number and proof of purchase (receipt or invoice) inside the packaging.
           
7.4 The Products must be returned intact, unused, undamaged, in their original packaging and complete with all accessories and elements present in the original packaging (eg accessories, cables, instruction manuals, etc.). The costs of returning the Product will be charged to the Customer unless the return is due to a shipping error by Stella Alpina. Returns sent at our expense will be rejected. In any case, the Customer will not have to incur any costs or penalties as a consequence of exercising the right of withdrawal.
           
7.5 The Customer will be responsible for the decrease in the value of the Products resulting from manipulation other than that necessary to establish their nature, characteristics and functioning or in the absence of the elements or accessories referred to in the previous article.

7.6 The right of withdrawal does not apply to sealed Products that do not lend themselves to being returned for hygienic reasons or related to health protection and that have been opened after delivery, to tailor-made or clearly personalized products, to service contracts after the complete provision of the service.
           
7.7 Upon receipt of a notice of withdrawal within 14 (fourteen) days and in compliance with the other conditions indicated in the previous articles, Stella Alpina reimburses the sums paid for the purchase, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by Stella Alpina), using the same payment method used by the Customer for the purchase of the Product, unless otherwise expressly requested by the Customer.
           
7.8 The Customer has the right to receive the reimbursement within 14 (fourteen) days from the receipt by Stella Alpina of the notice of exercise of the withdrawal. Stella Alpina, in accordance with art. 56 of the Consumer Code, however, reserves the right to withhold the refund until it has received the Product or until the Customer has demonstrated that he has returned the aforementioned Product, depending on which situation occurs first.
           
7.9 Unless the Customer has expressly agreed otherwise, the refund will be made in the following ways:

• For purchases made with one of the following payment methods: bank transfer; cash on delivery; payment in store.
• Stella Alpina will refund by bank transfer.
• For purchases made by credit card payment, the refund will be made by reversing the transaction directly on the credit card.
• For purchases made through PayPal, the refund will be made by crediting the same PayPal account.
• For purchases made by paying with Gift Vouchers, the Customer will be entitled to have the vouchers restored.
    
       
8. Legal Warranty - Remedies for Lack of Conformity

8.1 The sale of Products to Customers who are consumers is subject to the legal guarantee pursuant to the Consumer Code. Stella Alpina is responsible for any lack of conformity that occurs within 2 (two) years from the time of delivery. Direct action by the Customer to assert a lack of conformity not intentionally concealed by Stella Alpina is prescribed, in any case, within 26 (twenty-six) months from the time of delivery. The term of the warranty for lack of conformity for purchases made by customers with VAT is 1 year.
           
8.2 To enforce the legal guarantee of conformity, the Customer can download and fill in the Legal Guarantee Form (available on this page or request it from Customer Service) and send it to Stella Alpina through one of the following channels:

email to info@stellaalpinasport.it
PEC at maurodevitis@peceasy.it;
registered letter with return receipt to the following address: Stella Alpina by Mauro De Vitis, Via Giulio Mazzarino 74/1 - 65126 Pescara (PE);
           
8.3 With reference to the Products, Stella Alpina does not guarantee quality requirements, description, type, quantity, functionality, compatibility, interoperability, suitability for use, supply with accessories, instructions (also regarding installation and customer assistance), updates not specifically indicated in the General Conditions of Sale and / or in the Order and / or on the Site and / or in the documentation relating to the Products provided by the manufacturers.
           
8.4 In the event of a lack of conformity of the Products, the Customer will have the right, free of charge, to restore the conformity of the same (by repair or replacement) within a reasonable period from the moment in which Stella Alpina has been informed by the Customer of the lack of conformity. This remedy may be requested by the Customer, unless this is impossible or imposes disproportionate costs on Stella Alpina, taking into account all the circumstances of the case, including (i) the value that the aforementioned Products would have if there were not a defect of compliance; (ii) the extent of the lack of conformity; iii) the possibility of carrying out the alternative remedy without significant inconvenience for the Customer.
In the event that the Customer requests the repair or replacement of the Product, the Customer will be obliged to make the Product available to Stella Alpina. Once the Customer has made the Product to be repaired or replaced available to Stella Alpina, Stella Alpina will collect it at its own expense and deliver it to the Customer following these activities.

9. Accompanying document to the goods

9.1 According to article 1, paragraph 1 of the Ministerial Decree of 21.12.1992, mail order sales are free from the issue of tax documents (receipt, invoice, etc.). The customer obtains a document accompanying the goods containing information relevant to the contract (order number, personal data of the consumer, list of items ordered, information on e-commerce and payment, etc.). Please keep the accompanying documents as they are important as proof of purchase in case of complaints. Your orders are archived. If you lose your order documents, please contact us by e-mail or telephone. In any case, a copy of the data concerning your order will be sent to you.


10. Dispute Resolution and Jurisdiction

10.1 For disputes arising from this contract in relation to the online sale of products between Stella Alpina and a consumer, the European Commission provides a platform for the resolution of online consumer disputes (ODR). The platform can be consulted at the following address https://ec.europa.eu/consumers/odr/ (EU regulation no. 524/2013).
For civil disputes relating to the application of this legislative decree, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.

10.2 Without prejudice to the provisions of these Conditions of Sale, the Customer may send a complaint to Stella Alpina, by downloading and completing the Complaints Form (available on this page) and sending it to Stella Alpina via one of the following channels:
email to info@stellaalpinasport.it
PEC at maurodevitis@peceasy.it;
registered letter with return receipt to the following address: Stella Alpina by Mauro De Vitis, Via Giulio Mazzarino 74/1 - 65126 Pescara (PE);


11. Content on the site and disclaimer

11.1 On the various pages of our portal we have inserted some links to be able to discover other sites on the net. We wish to emphasize that we have no influence on the structure and content of links and we explicitly distance ourselves from the contents of some websites. Likewise, we would like to point out that information and documents on our websites do not claim to be complete. Stella Alpina distributes, among other things, sports articles that are used in the context of sports and work at risk (eg Mountaineering, Canyoning, Tree climbing, etc.). In no case the owner of the site or other parties connected to it will be responsible for any damage related to the use of the information published in any part of the site (such as posts or videos), which are purely informative and are to be taken, together with the literature on the subject and instructions for use, as an integral part of a training process to be carried out together with qualified personnel. It is not possible to guarantee the absence of errors and the absolute correctness of the information disclosed.
           

12. Changes to the General Conditions of Sale

12.1 Stella Alpina reserves the right to modify the Site and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Customer will be subject to the policies and terms of the General Conditions of Sale from time to time in force when ordering products from Stella Alpina.
           
12.2 Any changes and / or additions will be effective from the date of publication of the same on the Site and can be consulted at any time on the page of the General Conditions of Sale.