These Terms and Conditions govern the contractual relationship between Customers of www.elvassport.com and the company

EL.VA.S. Soc. Coop.

Tax Code, VAT Number and Business Register BG N. 00880910161

Headquarters: Via de’ O, n.27 Frazione Dezzo – 24020 Colere (BG) Italy

Hereafter referred to simply as EL.VA.S.

The original text of this contract is in the Italian language. Any possible interpretative dispute regarding the translations available at www.elvassport.com will be resolved by referring to the Italian text.

1. Definitions

For the purposes of these Terms of Sale, the following definitions apply:

• WEBSITE: The website www.elvassport.com is the means through which the retail or wholesale sale of PRODUCTS is carried out by EL.VA.S.
• COSTUMER: Customers are defined as commercial entities, both wholesale and retail, professional users, public administrations, sports clubs and associations, and others who purchase goods for their own use or for resale.
• AGREEMENT: The distance selling agreement is entered into between EL.VA.S. and the CUSTOMER.
• PRODUCTS: They refer to the products offered by EL.VA.S. and published on www.elvas.it. For each product displayed, the CUSTOMER has access to an information sheet containing the main information and data related to the product itself.
• FINAL CONSUMER: This is an individual who purchases products directly from www.elvas.it or from an EL.VA.S. retailer, for purposes other than carrying on a trade, profession or business.

2. Acceptance of Terms and Conditions

The Customer, accepting in full the General Terms and Conditions of Sale, considers the Contract concluded. The Customer who makes the purchase is obliged to keep and archive on a durable medium this document, in addition to the one received by EL.VA.S. pursuant to point 3 (in which the details of the ordering party and the order, the price of the Product purchased, the shipping costs, taxes and any additional ancillary charges and the address where the Product will be delivered are stated).

In compliance with Article 12 of Legislative Decree No. 70/2003, EL.VA.S. informs the Customer that each order transmitted and the relevant Conditions of Sale applied are archived in digital format on the servers managed by the SITE hosting, as well as in paper or digital form at EL.VA.S. itself. This archiving takes place in compliance with the criteria of confidentiality and security. The Customer has the right to request a copy of them by sending a request to the e-mail address sales@elvas.it.

3. Online purchasing procedure

The Customer and/or End Consumer who wants to proceed with the purchase must follow the following procedure:

• Sign up for the eCommerce
• Insert within the cart the Products and fill in the required fields following the directions;
• Send telematically to EL.VA.S. the purchase request by completing the procedure;
• make the payment by choosing one of the methods proposed by the eCommerce;
• wait to receive from EL.VA.S., at the e-mail address provided, the notice that the purchase request has been accepted;
• verify that EL.VA.S. transmits to the e-mail address communicated the order processing and shipping details;
• The contract between the Customer and/or the Final Consumer and EL.VA.S. is concluded through the procedure described above.

4. Price of Products

All sales prices of the Products are quoted in euros. The cost of shipping and any other ancillary charges, if any, are not included in the purchase price, but are specified and stated separately. Before completing the purchase order, or during the purchase process as indicated in point 2 above, the Customer will have the opportunity to verify all ancillary costs and charges.

It is also specified that the Products sold are not subject to import taxes or customs duties if the sale and delivery take place in Italy or in the other member states of the European Union.

Regarding deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties depending on the type of product and the country of destination. Therefore, it is not possible to predict with certainty whether and what costs will be required for customs clearance of the goods. For further information, the Customer should contact the customs office in their country. In any case, any costs related to import taxes and/or customs duties will be the sole responsibility of the Customer.

5. Payment Methods

Only the type of payment specified in the order is accepted. Payment for the purchase can be made only by one of the following methods:

• Payment by bank transfer in advance: Payment is considered completed only after the amount has been credited to EL.VA.S.’s bank account. The reason for the transfer must include the reference of the order and the name of the company or individual to whom the invoice is made out. The shipment of the goods will take place only after the crediting of the reference bank. The time of money transfer may vary from 1 to 4 working days.
• Payment by instant bank transfer: the payment is considered complete only after the amount has been credited to the bank account of EL.VA.S. The reason for the transfer must include the reference of the order and the name of the company or individual in whose name the invoice is issued. The shipment of the goods will take place only after the crediting of the reference bank. Money transfer time may vary from 15 minutes to 2 hours.
• Payment by Credit Card: Credit Cards of the international circuits Mastercard and Visa are accepted. EL.VA.S. is not aware of any information regarding the Credit Card, which is transmitted directly to the Banking Institute via a secure connection. EL.VA.S. disclaims any liability arising from illegitimate or fraudulent use of credit cards by third parties. Payment by Credit Card is possible only if the name and data for the header of the invoice coincide with those of the Cardholder. The amount will be charged to the CUSTOMER’s credit card during the conclusion of the order. If the order is not processed, the amount will be re-credited to the Customer’s card.
• Payment by PayPal: Allows you to pay by credit card, prepaid card or PayPal account, according to the conditions set by PayPal.

6. Shipping

Products will be shipped to the delivery address indicated in the order. When the order will be processed EL.VA.S. will send to the indicated e-mail contact details about the shipment, providing where possible the link with the tracking of the shipment. Shipping costs, previously indicated in the purchase phase, are fully borne by the CUSTOMER. Any delays in delivery will not be attributable to EL.VA.S.

EL.VA.S. while organizing the transport on behalf of the CUSTOMER, does not in any way assume responsibility for the successful outcome of the transport: it is specified that EL.VA.S. will not be liable for any damage caused to packages or from loss of packages by the carrier or its appointed third parties or shippers, delays in delivery or additional charges on the shipment if it were to return to EL.VA.S. because it was not delivered. The CUSTOMER acknowledges the foregoing statements and accepts that the mishaps or malfunctions or failures listed above by way of example and not exhaustive, will not result in liability some of EL.VA.S., being proven cases caused by force majeure or fortuitous event in accordance with art. 1693 Civil Code, expressly recognized as such by the CUSTOMER since its acknowledgement and knowledge of these general conditions.

Should the CUSTOMER wish to insure the PRODUCTS during transportation, he/she must notify EL.VA.S. in writing before completing the purchase procedure. Insurance costs will be borne entirely by the CUSTOMER and charged to the invoice. The amount varies depending on the insured value (approximately 0.8% calculated on 100% of the invoiced value, with a minimum of 30.00 euros).

As described above EL.VA.S. is not responsible for damage caused to the PRODUCTS during transport. Before accepting the goods from the Courier, we recommend a thorough inspection of the packaging system.

In the event that this shows obvious damage or deformation to the outer packaging accept the package with reserve, making the courier note the incident and making an entry on the delivery note that the package is tampered with or damaged.

7. Guarantee

EL.VA.S. equipment is covered by guarantees for 24 months from the date of purchase against any defect in materials or construction.

In the event that defects are found or in case of lack of essential characteristics and qualities of the PRODUCT, the CUSTOMER must notify EL.VA.S. of the findings within 8 (eight) days from the date of receipt of the PRODUCT (the date of receipt of the product is determined by the date indicated on the d.o.t.). If defects or non-conformities are found these must be reported in writing to the e-mail address sales@elvas.it within the maximum time indicated above. Upon acceptance of the report, any components found to be defective at origin will be replaced free of charge. For arrangement, the PRODUCT must be shipped to EL.VA.S.’s office freight prepaid, and will be returned freight collect.

The guarantee is void in the event of tampering, overcharging, improper use, damage caused by falls, or otherwise causes not attributable to the manufacturer, at the sole discretion of EL.VAS. The commencement of the guarantee period is determined by the date of the d.o.t.

It should be noted that shipping is excluded from the guarantee of EL.VA.S. Should the CUSTOMER wish to insure the PRODUCTS, he/she must make a written request to EL.VA.S. before finalizing the purchase. The cost of taking out insurance will be borne entirely by the CUSTOMER.

EL.VA.S.’s guarantee does not include:

• All components subject to normal operating wear and tear such as displays, power supplies, batteries, connecting cables and connectors, and external surfaces;
• damage caused by carelessness, negligence, use or installation not in accordance with the instructions provided, tampering, or modifications not authorized by EL.VA.S;
• failures due to external causes: for example accidents, overcharging, liquid seepage, fire, power surges;
• hardware not manufactured by EL.VA.S. (Note book Personal Computers, etc.), of which guarantee are provided by the manufacturer;
• any software upgrades and maintenance;
• any software or hardware upgrades due to changes in sports regulations.

In the case of resale of EL.VA.S. Products, the Customer/Reseller making such resale has the obligation to guarantee to the Final Consumer the conformity of the goods according to the sales contract entered into with the latter.

EL.VA.S. undertakes to respond to conformity defects of its products within a period of 24 (twenty-four) months from the receipt of the PRODUCT to the Customer. EL.VA.S. shall not be liable for conformity defects that emerge after this period.

8. Responsibility for defective products

With regard to any damage resulting from defects in the PRODUCTS, the provisions established by European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) and its subsequent amendments shall apply.

9. Liability exclusion clause

EL.VA.S. disclaims all liability for any delays or failures to comply with the obligations set forth in these General Terms and Conditions of Sale if such delays or failures are caused by unforeseeable circumstances or force majeure, not directly attributable to EL.VA.S.

10. Instructions

EL.VA.S. provides instructions concerning the use and assembly of all its Products. The Customer and the end user are obliged to scrupulously comply with these instructions and to follow them with due diligence. In case of non-compliance with the instructions by the Customer and the end user, EL.VA.S. disclaims any liability for any damage or inconvenience suffered by the Customer and/or third persons.

11. Communications and Complaints

Written communications addressed to EL.VA.S. and any other complaints will be considered valid only if they are sent to the registered office of EL.VA.S. Soc. Coop., Via de’ O, n.27 Frazione Dezzo – 24020 Colere (BG) Italy, or by e-mail to sales@elvas.it.