Terms and Conditions of Sale

PREAMBLE This information is provided for the website www.grossport.it (Site).

Seller's Information: Gross Sport S.R.L., Strada Madona da l'Aiut, 2 - San Giovanni di Fassa Sén Jan - 38036 (TN) Italy Tel: +39 0462 76 33 73 VAT: 02605510227 - (Seller)

Service Sold on the Site: Rental of sports equipment, with a focus on ski rental (Service).

This information is an integral part of the Rental Regulations, and vice versa. By making a purchase on the website, you confirm that you have read and accepted both documents.

Art. 1 Scope of Application

1.1The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Qualora sia reso possibile dal Sito, l'inserimento del Suo codice fiscale in occasione di un acquisto implica che Lei sta agendo a titolo di Consumatore ai sensi dell’art. 3, I comma, lett. a) del Codice del Consumo (Decreto Legislativo 6 settembre 2005, n. 206). Si ricorda che riveste la qualità di Consumatore la persona fisica che agisce per scopi estranei all’attività imprenditoriale, commerciale, professionale o artigianale eventualmente svolta. Se invece è data la possibilità di inserire la partita iva (Sua o di quella di una persona giuridica), ciò implica un acquisto a titolo di Professionista, ai sensi dell'art. 3, comma I, lett. c) del Codice del Consumo. Riveste la qualità di Professionista la persona fisica o giuridica che agisce nell’esercizio della propria attività imprenditoriale, commerciale, artigianale o professionale, ovvero un suo intermediario. Le implicazioni di acquistare a titolo di Consumatore piuttosto che Professionista verranno descritte nel proseguo del presente documento.
1.3 The specified terms are to be understood as business days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are to be considered purely indicative. Colors may differ from the actual ones due to the settings of computer systems or computers used for their display.
1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.
1.5 The applicable General Terms and Conditions of Sale are those in effect on the date of the submission of the purchase order.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hyper-textual links. Before engaging in commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.7 The Seller does not conduct any control and/or monitoring on websites accessible through such links. Therefore, the Seller is not responsible for the content of such sites, nor for any errors and/or omissions and/or legal violations by them.
1.8 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site, including during the purchase process.
1.9 On the Site, it is possible to place orders via email. To the extent compatible, the clauses indicated in these General Terms and Conditions of Sale also apply to these types of orders. The Seller reserves the right to send you different and separate General Terms and Conditions of Sale via email, effective only for email purchases. The Seller does not accept orders by phone, unless otherwise agreed upon with the customer.
1.10 The entirety of any element on the Site is the property of the Seller or third parties. Unless expressly written consent is provided by the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
1.11 The Seller cannot, under any circumstances, be held liable towards you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.
1.12 This document fully governs the relationship between you and the Seller. However, the rights and obligations provided by the applicable law are always reserved.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the required data each time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You agree to promptly inform the Seller in the event you suspect or become aware of any unauthorized use or disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or sanction arising from or in any way connected to the breach of this commitment. You agree to promptly inform the Seller in the event you suspect or become aware of any unauthorized use or disclosure of access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provision.
2.5 To place orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will result in the inability to make purchases on the Site.
2.6 After the purchase, you will receive an order confirmation email.

Art. 3 Prices

3.1 On the Site: prices include VAT.
3.2 The Seller reserves the right to change the price of the Services at any time without notice. However, the price charged to you will be the one indicated on the Site at the time of placing the order, and any subsequent changes (increases or decreases) will not be considered.
3.3 The purchase contract is conditionally terminated in the event of non-payment of the Total Amount Due. Unless a different written agreement has been reached with you, the order will be consequently canceled.

Art. 4 Payment Methods

4.1 This article describes the available payment methods on the Site.
4.2 On the Site, you can make purchases using payment cards through the Nexi Pay circuit. The charge will be made only after (i) the data of your payment card used for payment has been verified and (ii) the issuing company of the payment card you used has authorized the charge. In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria relate to the user's identity and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the described process may result in the inability to finalize the purchase on the Site. The confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to save such data on the Site, the data of your payment card used for the payment of the Service.
4.3 This article indicates the credit and/or debit cards accepted on the Site.
- MasterCard
- VISA
- Maestro

4.4 On the Site, it is not possible to pay by bank transfer.
4.5 On the Site, it is not possible to make purchases using discount vouchers, vouchers, or coupons.
4.6 Any methods different from those described above may be regulated in this article:
- On the Site, it is possible to make purchases using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the website www.paypal.it where you will complete the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is unable to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.

Art. 5 Right of Withdrawal

5.1 The user is invited to carefully review this article, which regulates the right of withdrawal.
5.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being obliged to provide a reason. You can exercise this right within 14 calendar days from the conclusion of the contract. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set forth in this Article 5. If there are no exceptions to the right of withdrawal, this Article 5 applies in full.
5.3 With particular reference to the preceding article, the Seller informs you that if you have purchased as a Consumer, you do not have the right of withdrawal for the supply of services related to leisure activities if the contract specifies a specific date or period of performance.

Art. 6 Legal Guarantee of Conformity

6.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
6.2 The Seller is responsible towards the Consumer for any lack of conformity of the Service that occurs within two years of purchase. The action aimed at asserting defects not maliciously concealed by the Seller is barred, in any case, within twenty-six months of the provision of the Service. In the event of a lack of conformity of the Service, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by articles 135-bis et seq. of the Consumer Code. The Consumer is invited to view articles 128 and following of the Consumer Code.
6.3 If you purchased as a Professional, the previous articles do not apply.

Art. 7 Alternative Dispute Resolution/Online Dispute Resolution

7.1 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself .
7.2 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
7.3 In any case, the right of the Consumer user to appeal to the competent ordinary judge for the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis Consumer Code.

The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the site http://www.eur-lex.europa.eu.

Art. 8 Customer service

8.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Introduction, or using the contact form that may be present on the Site.
8.2 The Seller responds within an indicative time of 1-2 days for requests that can be managed directly by Gross Sport customer care. For requests sent to rental companies, responses are provided as soon as possible, based on the period. days.

Art. 9 Material published on the Site

9.1 Any material published on the Site is protected by copyright law no. 633 of 1941 and subsequent amendments. Without authorization from the Seller or the third party copyright holder, it is prohibited to copy, publish, modify or use in any way and for any purpose any material published on the Site.

Art. 10 Applicable law.

10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence. Please remember that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.

Service owner

Gross Sport S.R.L. Strada Madona de l’Aiut, 2 - San Giovanni di Fassa - San Jan - 38036 (TN) Italia
p.IVA: 02605510227
Tel: +39 0462 763373
E-mail del titolare: info@grossport.it