General conditions of sale

Definitions:

Seller :

Mister Tennis Srl with registered office in Via Filippo Turati, 40 - 20121 Milano MI - Italy – VAT number: IT02880140781

Phone number: +39.098.242.162 Opening hours: Mon-Fri 9:00-18:00

Website:

the publicly accessible website at www.mistertennis.com

Buyer:
a person who is of legal age and does not act as a professional or entrepreneur, with whom the Seller enters into a Distance Sales Agreement.

Order:

a purchase order placed by the Buyer according to the procedures described in Article 2.1 for the delivery of one or more Products.

Product :

a product that the seller displays and offers for sale on his website.

Purchase Price:
the price of the Product indicated on the website, including VAT and shipping costs.

Cart:

the set of all the products that the Buyer selects using the “ADD TO CART” button.

Agreement:
the Purchase Order that the buyer has accepted as such.

Article 1. Applicability of the general conditions.

1.1

These General Conditions, made available online by the Seller at www.mistertennis.com, concern all offers, orders, agreements and any other agreements governed by law, between the Buyer and the Seller with reference to the use of the Site, including the purchase and sale of Products on the Site or through the same.

Article 2. Conclusion and content of the agreement.

2.1

The presentation and advertising of the Products on our Website do not constitute a binding offer to conclude a purchase agreement.

2.2

The Buyer may select Products from the Seller's assortment of goods, in particular clothing, footwear and equipment for tennis and leisure in the desired model, colour and size, and place them in a “cart” by clicking on the “ADD TO CART” button.

2.3

After adding all the products you wish to purchase to your cart, the Buyer can continue from the cart by clicking on the “Go to checkout” button.

You will then be redirected to an overview of your purchase order (checkout), indicating the description, price and indicative delivery period. The delivery date indicated in this phase of completing the order is to be considered as indicative only and is calculated automatically by the Site taking into account the indicative average times declared by the carriers. In no case will the expected delivery date constitute a commitment and/or contractual obligation for the Seller.

The Buyer will enter his/her billing address. If the shipping address is different from the billing address, he/she can also indicate the requested shipping address.

At this stage the Buyer has the possibility to indicate a preferred courier among those available for the destination area. The choice of courier is optional for the Buyer and does not constitute a contractual obligation for the Seller who reserves the right to entrust the shipment of the goods to the carrier deemed most appropriate based on various factors (for example logistics congestion - forecast of strikes - etc.).

2.4

After selecting the delivery address, the Buyer can continue with the order procedure (checkout) by choosing between the following payment methods:

Credit/Debit Card : With this payment method, the Buyer can complete the Order by entering his/her credit/debit card details. By clicking on the “Confirm and Pay” button, the Buyer will enter a legally binding order. The “Confirm and Pay” button will be active only if the Seller’s General Terms and Conditions have been previously approved by checking the box next to the button itself.
Before clicking the “Confirm and Pay” button, the Buyer may cancel the order at any time, modify its contents by removing existing goods from the cart and/or adding new products, as well as change the shipping address and payment method. With the Credit/Debit Card payment method, the execution of the binding order for the Buyer and the related payment will take place simultaneously.

Bank transfer :

with this payment method, the Buyer will place a legally binding order by clicking on the “Submit Order” button. The “Submit Order” button will be active only if the Seller’s General Terms and Conditions have been previously approved by checking the box next to the information in such General Terms and Conditions. Before clicking on the “Submit Order” button, the Buyer may cancel the order at any time, modify its contents by removing existing goods from the cart and/or adding new products, as well as change the shipping address and payment method. After sending the Order, the Buyer will receive a summary email containing the details for making the bank transfer. The buyer will have 5 (five) working days to make the payment and notify the seller, after which time the seller may cancel the order by promptly notifying the Buyer.

PayPal:
with this payment method, the Buyer will place a legally binding order by clicking on the “Pay with Paypal” button. The “Pay with Paypal” button will only be active if the Seller’s General Terms and Conditions have been previously approved by checking the box next to the button itself. Before clicking on the “Pay with Paypal” button, the Buyer may cancel the order at any time, modify its contents by removing existing goods from the cart and/or adding new products, as well as change the shipping address and payment method. Once the “Pay with Paypal” button has been selected, the Buyer will be redirected to the PayPal website to make the payment. At the end of the payment procedure on the PayPal website, a binding Order will be generated for the Buyer at the same time as the payment.

Mark:
with this payment method, the Buyer will place a legally binding order by clicking on the “Send Order” button, committing to pay the amount to the courier upon delivery of the products to the delivery address. The buyer must deliver to the carrier only cash (or other immediate payment systems accepted by the carrier). Under no circumstances may bank checks and/or other payment instruments be accepted as payment.

Payment by Cash on Delivery involves the additional payment of a “cash on delivery fee”, duly and clearly indicated in the checkout phase, which will be added to the overall total to be paid.

2.5

The order will be binding for the Seller only after the Seller has accepted the order in writing, or by means of a declaration of acceptance or by delivery of the ordered Product. The Seller will immediately confirm receipt of the Order placed by the Buyer via the Website by sending an email to the Buyer. The aforementioned email constitutes only a confirmation of receipt of the order by the Seller and does not constitute a binding acceptance of the Order, unless it also contains a declaration of acceptance, in addition to the confirmation of receipt.

2.6

The Seller reserves the right to refuse the Order placed by the Buyer or cancel the Buyer's account, in the following specific cases:

• If the total value of the Order exceeds the amount specified in the payments section of the FAQs;
• If the data entered by the Buyer is false and/or incomplete, or the Seller can reasonably question its veracity;
• If the payment due by the Buyer is not made immediately after placing the Order or in any case within the required terms;
• If the Buyer has failed to fulfill payment obligations towards the Seller in the past;
• If the Buyer has refused to accept and/or has not collected orders placed in the past with the Seller;
• If you discover an obvious or processing error in the prices shown on the Website;
• If the requested shipping address is not located in the Buyer's country of residence;
• If any action by the Buyer appears fraudulent or suspicious.

2.7

In the event of non-acceptance of the order, the Seller will notify the Buyer as soon as possible. In such case, any payment already made by the Buyer will be immediately refunded, but the Seller reserves the right to retain a sum corresponding to any damage caused by the Buyer as a result of fraudulent and/or suspicious activities.

2.8

The Order, the confirmation of the Order by the Seller, as well as the Personal Data Protection Directive and the Terms of Use on the Website published on the latter, as well as the aforementioned General Terms and Conditions, constitute the Agreement as a whole between the Buyer and the Seller relating to the use of the Website and the placing and execution of an order.

Article 3. Shipping method and delivery dates.

3.1

Delivery will be made by a carrier designated by the Seller.

During the checkout phase, the Buyer has the right to indicate a preferred courier, but this does not constitute a constraint for the Seller, who reserves the right to designate the most suitable carrier to reach the destination address indicated by the Buyer in the fastest and safest way.

3.2

If the Buyer has decided to make an advance payment, once the Agreement has been concluded and provided that the Buyer has paid the Purchase Price in full, the Seller will send the Products to the address indicated by the Buyer as quickly as possible and in any case within thirty (30) days unless the parties have agreed on a longer delivery term. An expected delivery date will be indicated on the Site, which is to be understood as purely indicative and not binding for the Seller.

3.3

The Seller will deliver, to the extent possible, according to the agreed delivery dates; in any case the Buyer acknowledges that the delivery dates, depending on services provided by third parties, are indicated by the Seller on the basis of information received from said third parties at the time of Purchase.

3.4

If delivery is delayed or if the Order cannot be executed in whole or in part, the Buyer will receive a notification within 30 (thirty) days from the conclusion of the Agreement. In case of delay, the Buyer may withdraw from the Agreement, without penalties, until the delivery of the Order. If an Order cannot be executed in whole or in part, it may be cancelled by the Seller, with reference only to the Product that cannot be delivered. In no event shall the Seller be held directly or indirectly liable for any damages caused by the delay in delivery by the carrier.

3.5

From the moment the Product is delivered, the risk arising from any damage or loss will be borne by the Buyer.

Article 4. Price and payment.

4.1

The prices indicated on the Site are in Euros and include Value Added Tax (VAT) and do not include shipping costs. Shipping costs are clearly indicated in the checkout phase and may be granted free of charge if the amount of the Order exceeds certain thresholds clearly indicated on the Site. The total Purchase Price due will be indicated when the Order is finalized and the Agreement confirmed.

4.2

The Seller shall have the right to modify the prices indicated on the Site from time to time without notice. The prices indicated at the time of the Order shall be deemed to be those that form part of the Agreement, understood to be accepted by the Buyer. No refund and/or integration shall be due to the Buyer following changes to the sales prices made by the Seller after the Order has been sent.

4.3

Payments may be made using one of the methods indicated on the Site and in any case no later than 14 days after delivery of the Product.

4.4

The Buyer is obliged to promptly communicate to the Seller any errors in the payment details provided to him.

4.5

If the Buyer does not respect the payment deadline, he will be considered in default and the Seller may apply legal interest to the price due starting from the date on which the payment was due.

Article 5. Right of return.

5.1

The Buyer has the right to return, free of charge, the delivered Product within 14 days of receiving the Product, without providing the reason for the return, in the manner indicated by the Seller, provided that the Product has not been used or worn (it is permitted to try on clothing and/or shoes in a clean environment for the sole purpose of verifying the actual size), has not been damaged and is contained in the original intact packaging. Any protective seals (e.g. plastic protection of the handle of a racket) must not have been removed. The Buyer is not authorized to replace the Product with another Product. If the Buyer wishes to purchase another Product, he/she must place a new Order on the website.

5.2

In the case referred to in the preceding clause, the Seller will refund the Purchase Price as soon as possible, but in any case within 30 days from when it receives the returned product. If not all the Products covered by the Agreement are returned, the Seller has the right to deduct the original shipping costs from the Purchase Price to be refunded, because an equivalent amount of shipping costs will be due for the Products not returned. For clarification, if the amount of the returned Products reduces the net value of the Order below the minimum threshold to obtain free shipping, the Seller will charge back the amount due for shipping by deducting such amount from the value of the refund.

5.3

Products purchased for professional purposes (Buyer with VAT number) cannot be returned.

5.4

Pursuant to art. 59, letter c) of the Consumer Code, tennis rackets strung at the specific request of the Buyer are excluded from the right of withdrawal. Since the rackets are customized to the specific needs of the Buyer (with type of string, tension and options of his choice) they are to be considered clearly personalized goods, made to measure and no longer resold to third parties. This exclusion is made known and is activated by checking the acceptance of the "stringing conditions" during the phase of adding a strung racket to the cart.

5.5
In the event of a return, the goods always travel at the buyer's risk, even in cases where the cost of transport is borne by the seller. The seller is not responsible for any damage, loss or theft that may occur during the transport of the returned goods. The buyer is therefore advised to take adequate precautions for the packaging and shipping of the return.

Article 6. Force majeure.

6.1

The Seller shall not be liable for any damage resulting from delay in delivery or failure to deliver which is caused by circumstances which prevent it from fulfilling its obligation, for which it cannot be held responsible and for which it is exempt by law, act or convention, such as – but not limited to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade restrictions, problems with customs authorities, fires, floods, earthquakes or bankruptcy of third parties engaged by the Seller, a failure by the Seller's supplier to supply goods or a failure by the Seller's supplier to supply the goods in a timely manner, interruption in the supply of goods by third parties, including water and electricity, and other serious interruptions in the business activity of the Seller or third parties engaged by the Seller.

6.2

If the Seller, as a result of an event of force majeure, fails to fulfil its obligation under the Agreement or fails to fulfil it in a timely manner, it may fulfil the Agreement within a reasonable time or – if fulfilment within a reasonable time is impossible – both the Buyer and the Seller may terminate the Agreement in whole or in part, without obligation to pay any compensation.

Article 7. Complaints.

7.1

The contact details of the Seller or of the third parties he has appointed to manage disputes can be found on the Site by clicking on “Help → Contact Us”.

7.2

The Buyer shall inspect the Product when it is delivered to him and notify the Seller within a reasonable time if there are visible defects or if there are any disputes in relation to the fulfillment of the Agreement.

7.3

The Seller shall respond to any complaint within 14 days of receipt. If the Seller expects not to be able to handle the complaint in time, he shall inform the Buyer, within 14 days, of the deadline by which the latter may expect a response.

7.4

The Buyer acknowledges that complaints regarding minor modifications, modifications generally considered acceptable and modifications that cannot be avoided or that are very difficult to avoid while respecting the quality, size, color, finishing, etc. of the Product are unfounded.

Such disputes as well as those concerning items that are no longer part of the products for sale, are unfounded. The Seller will not be liable for any damages suffered by the Buyer in relation to such disputes.

7.5

If the Seller decides to recall a Product, the Buyer will undertake to provide maximum cooperation. The Buyer will immediately notify the Seller if he suspects that a product is defective and will therefore be recalled.

Article 8. Retention of title.

8.1

The Seller shall retain title to all Products to be delivered until the following obligations towards the Seller have been fully fulfilled:

• the Buyer's obligations and duties (including payment obligations) in relation to the Products which, under the Agreement, have been or shall be delivered; and
• claims arising out of a breach by Buyer in relation to its performance of this Agreement.

Article 9. Warranties and responsibilities.

9.1

The Seller is obliged by law to supply a Product that complies with the contract stipulated with the Buyer.

9.2

The Seller is not liable for any indirect, further or consequential damages of any kind suffered by the Buyer in connection with the Agreement. In no event shall any direct damages, for which the Seller is legally liable to the Buyer, exceed the Purchase Price, except where this is expressly provided by law.

9.3

The Seller refers to its responsibilities with reference to the Site and its use.

9.4

Further information on the stringing guarantee: the Seller undertakes to provide a professional and expertly executed stringing service, but is not responsible for the durability of tennis strings mounted according to the specific instructions of the Seller. During the game of tennis, the strings can be improperly stressed (for example by hitting the ball outside the central area of the strings) and unwanted breakages can occur even after a few minutes of use; this does not constitute a defect in the string or an incorrect assembly of the same, but can simply be considered an unforeseeable and unavoidable accident, attributable solely to a fortuitous event.

Article 10. Applicable law.

10.1

This contract is governed by Italian law.

Article 11. Void clauses.

11.1

In the event that any clause of these General Conditions is void:

• the other clauses contained in these General Conditions shall be deemed effective; and
• the void clause shall be construed or converted into a valid one having the same purpose.

Article 12. Changes to the general conditions.

12.1

The Seller shall have the right to modify these Terms and Conditions from time to time. The most recent version of the Terms and Conditions will be posted on the Site. The Buyer must always consult these Terms and Conditions before using the Site. If the Buyer is unable to consult the Terms and Conditions via the Internet, the Seller shall send him a copy of the most recent version by email.