1. Subject

1.1. The purpose of these General Terms and Conditions of Sale (hereinafter, the “General Terms and Conditions”) is to regulate the purchase of Products and Services, made at a distance, via computer network, from the Site www.kumbreitalia.com (hereinafter, the “Site”).
1.2. The owner of the Site is KUMBRE ITALIA srl, with registered office in Via Vegra, 5 – 36042 Breganze, enrolled in the Company Register of Vicenza, R.E.A. of Vicenza nr. VI – 406382, Tax Code and VAT no.: 04469230249.

2. Acceptance of General Terms and Conditions

2.1. All purchases of Products made through the Site (hereinafter, the Purchase Agreements) by users accessing the Site (hereinafter, the Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance Contracts (articles 50 – 67) and by the Italian regulations on e-commerce (Legislative Decree no. 70/2003).
2.2. By concluding Purchase Contracts, according to procedure, the Customer accepts and undertakes to observe these General Terms and Conditions.
2.3. The Customer, therefore, is obliged to read carefully, before making any purchase transaction, these General Terms and Conditions that Kumbre Italia srl makes available to him/her also for the purpose of allowing him/her to reproduce and memorise them in compliance with the provisions of Art. 12, paragraph 3 of Legislative Decree 70/2003.
2.4. Kumbre Italia srl may amend the contents of the General Conditions at any time and without notice. The General Conditions published on the Site at the time the purchase order is sent by the Customer shall apply to each individual Purchase Agreement.

3. Products

3.1. www.kumbreitalia.com is an online retailing site for sporting goods (hereinafter, ‘Products’).
3.2. All the Products offered are illustrated in detail on the Site, within the respective sections, divided into Product categories.
3.3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Kumbre Italia srl as to the exact correspondence of the image depicted on the Site with the actual product; and this, with particular regard to the actual dimensions and/or the chromatic aspects of the Products and/or the packaging.
3.4. In the event of a difference between the image and the written product data sheet, the description in the product data sheet shall always prevail.

4. Purchasing Procedure

4.1. The Customer may purchase the products present in the electronic catalogue, illustrated in detail on the site within the respective sections by product category, as described in the relevant information sheets contained in the site, respecting the technical access procedures illustrated therein.
4.2. To purchase products, the customer must proceed to register on the site by entering his or her personal details, following the instructions provided by the registration programme, and must fill in and send to Kumbre Italia srl the order form in electronic format available on the site, following the instructions given therein. Purchase orders must be filled in exactly in all their parts. If the customer does not wish to register on the site, he/she may in any case complete the purchase procedure, but will not be able to check the status of his/her orders and take advantage of discounts and promotions.
4.3. The customer shall place the selected products in the “Shopping Cart” and, after choosing the courier and viewing and accepting the contribution for delivery costs, may proceed with the purchase.
4.4. Should the customer need to change the purchase order or modify certain data contained therein, he/she shall follow the appropriate modification procedure contained on the site. In particular, the customer shall be entitled to change the quantity of the products he or she intends to purchase by adding or removing one or more products from the cart.
4.5. Once this operation has been completed, the customer shall display a screen containing a summary of the purchase order, including delivery charges, with a request for further confirmation of the purchase procedure.
4.6. After displaying the summary, the customer shall select the desired type of payment, i.e. bank transfer, poste pay, credit card, PayPal or cash on delivery, and send the order by clicking on the appropriate button.
4.7 After making the bank transfer or postepay payment, please send a copy of the transaction by e-mail.
E-mail address: info@kumbreitalia.com

5. Conclusion of the contract

5.1. The publication of the products displayed on the site constitutes an invitation to the customer to make a contractual proposal to purchase. The order sent by the customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Terms and Conditions.
5.2. Each Purchase Contract stipulated between Kumbre Italia srl and the customer shall be deemed concluded with the sending by Kumbre Italia srl of acceptance of the order to the customer’s e-mail address. This confirmation message shall indicate an “Order Number” to be used in any subsequent communication with Kumbre Italia srl. In addition to the information required by law, the message will include all the data entered by the customer, who undertakes to check that they are correct and to promptly communicate any corrections. Any additional expenses caused by errors in the data not promptly reported shall be borne exclusively by the customer.
5.3. Each order can be viewed by the customer on the site, in his or her personal area, if the customer is registered, or by contacting Kumbre Italia srl’s customer service immediately after the order has been sent.
5.4. It is possible that occasional unavailability of the products offered may occur, in which case, if the products chosen by the customer are wholly or partially unavailable, the order will be sent with the available products after notifying the customer of the unavailable products.
5.5. Kumbre Italia srl has the right to accept or not, at its own discretion, the order sent by the customer, without the latter being able to make claims or rights of any kind, for any reason whatsoever, including compensation, in the event of non-acceptance of the order.
5.6. In particular, Kumbre Italia srl reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or if – also following a comparison with the circuit that manages credit card payments – anomalies are found in the transactions and means of payment used by the customer.
5.7. The customer can check the content of the purchase contracts concluded at any time by accessing his or her personal area of the Site, if he or she is registered, or by contacting the customer service of Kumbre Italia srl. Such data will be available for a period of 12 months from delivery of the products.

6. Product Prices

6.1 All product prices are clearly indicated on the site and are exclusive of VAT. In the case of purchases made by customers resident in countries other than Italy, VAT will be calculated at the time of check-out, taking into account the rate in force in the country of reference.
6.2 Delivery costs are adequately highlighted at the time of the order. The cost of each shipment may vary based on the delivery and payment method as well as the destination and total amount of the order.

7. Discount Coupons – Promotions

7.1. Any discount vouchers or promotional codes can be entered when the customer fills out the purchase order. The system will update the total amount of the order net of the value of the voucher.
7.2. The discount voucher may be combined with other commercial initiatives only in cases where it is expressly indicated.

8. Non-conformity of products and defective products

Sometimes it happens that the item has a defect or fault. Below we explain our policy regarding potential manufacturing defects in our cues.
8.1. The images and colors of the products published on the site may differ from the real ones due to the local settings of the systems and/or tools used to view them.
8.2 Manufacturing defects of the cues, which give the right to the replacement of a cue, what is meant?
a) Neckline of the curve. The curve is made up of two halves glued together, if they are not glued correctly the two parts can split very quickly, basically they come apart. The necking that occurs after prolonged use (greater than 5 hours) of the splint will not be considered a manufacturing defect.
b) Delamination of the fiberglass protection. The fiberglass protecting the curve that is not correctly glued to the curve itself, detaches very quickly from the curve of the slat. Delamination that occurs after prolonged use (greater than 5 hours) of the splint will not be considered a manufacturing defect.
c) Breakage of the handle. A handle that breaks at a point where the presence of a passing knot in the wood is evident, which interrupts the fiber of the wood itself. This is considered a manufacturing defect. A handle that breaks without knots is not considered defective, as it does not depend on the manufacturing process.
8.3 It is solely up to the manufacturer to determine whether a cue is defective or not. It will therefore be necessary for the customer who requests the replacement of a cue purchased on the site, used and considered defective, to send it at his own expense to the manufacturer, to the following address: Kumbre Italia srl, Via Vegra 5, 36042 Breganze (Vi).

9. Processing of personal data

Customer data is processed by Kumbre Italia srl in accordance with the provisions of current legislation on the protection of personal data, as specified in the information in the specifically dedicated section, called “Privacy Policy“.

10. Communications and complaints

All notices or complaints by the customer against Kumbre Italia srl in respect of purchase contracts shall be communicated by e-mail to info@kumbreitalia.com.

11. Online dispute resolution for consumers

The consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated on this website. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

12. Intellectual Property Rights

All trademarks (registered or otherwise), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic text and more generally any other intangible asset protected by laws and international conventions relating to intellectual property and industrial property reproduced on the site remain the exclusive property of Kumbre Italia srl and/or its licensors, without the customer deriving any rights over the same from access to the site and/or from the stipulation of purchase contracts. Any use, even partial, of the same is prohibited without the prior written authorization of Kumbre Italia srl, in whose favor all related rights are exclusively reserved.

13. Applicable law and competent court

13.1 These General Conditions and any and all contracts stipulated with the Customer are governed by Italian law, without prejudice to the application of community legislation and international treaties, when applicable, as well as national legislation protecting consumers.
13.2 For any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract stipulated with the Customers, the Court of the registered office of Kumbre Italia srl will have exclusive jurisdiction.

For the issuance of the invoice, the information provided by the Customer shall prevail. No changes to the data shall be possible after the invoice has been issued.
Payment for the Products purchased is made by credit card, PayPal, Postepay, bank transfer or cash on delivery, according to the methods specified below.
Order handling costs vary depending on the payment method chosen:

Credit Card: FREE
PayPal: FREE
Bank Transfer: FREE

Payment by credit card

The credit cards accepted are: Visa, Visa Electron, Mastercard, Maestro, American Express, Aura, Discover.
All data is transferred in encrypted form by means of an SSL certificate and cannot therefore be intercepted by external parties.
In addition, data entry takes place directly on the bank’s website, thus guaranteeing maximum security.
The order amount is debited immediately from the card when the order is placed on the site.

Payment by paypal

PayPal is a fast and secure payment system.
Once the order has been completed and PayPal has been chosen as the payment method, the buyer will be redirected to the PayPal site, where he can access his account by entering his personal e-mail address and password.
After registration, it is possible to proceed with payment via PayPal without having to re-enter the data, also for subsequent purchases.
By choosing to pay via PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer’s information as no financial information is passed on.
A confirmation e-mail will be sent by PayPal for each transaction carried out using this method.
Please note that the amount of the order is debited from your PayPal account when the order is taken over by the courier. When placing the order on the website, an authorisation request will simply be made to check availability on the customer’s PayPal account, without any charge.
If the order is cancelled, the amount shall be refunded to the customer’s PayPal account.

Payment by bank transfer

The customer can pay by bank transfer to the bank account indicated in the order, within 3 working days from the date of purchase. Indicate your progressive order number in the reason for payment (Example #00001).
Payment by postepay has a different delivery time than other payment methods. These times (at least 6-7 days) are due to the need for www.kumbreitalia.com to verify that payment has actually been made.
In order to reduce the time required to verify the payment and subsequently deliver the order, the Customer shall send the details of the transaction (copy of the bank transfer) to www.kumbreitalia.com by e-mail to info@kumbreitalia.com.
Bank transfer:
Bank of Verona and Vicenza branch of Breganze
IBAN code: IT56W0880760180000000867040
Headed to: Kumbre Italia srl
Indicate your progressive Order Number in the reason for payment (Example #00001)
Contact details:
Via Vegra, 5 – 36042 Breganze
Cell. 333-2439450

Shipping costs and times

• from 0 to 99.99€ shopping cart -> shipping cost: 8.99€.
• from 100.00€ cart -> free shipping cost

The boxes are reasonably sized and your items are well protected.

Methods of delivery

Our shipments are carried out on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays by express couriers with delivery in 48 hours on the peninsula excluding national holidays according to the modalities indicated by the courier chosen by the Customer. For the islands, the delivery time is 72 hours. The terms indicated at the time of the purchase order are in any case indicative.
The parcel leaves after receiving notification of payment.
Delivery is considered completed when the product is made available to the customer at the address specified in the order form. In the event of non-delivery due to the absence of the addressee at the specified address, the courier will send a warning e-mail and will attempt a new delivery according to the procedures established by the courier.

In the event of impossibility of redelivery due to the absence of the addressee, the customer service shall attempt to contact the customer to schedule a further delivery. In the event that the customer service should fail to contact the customer for the next 10 days or in the event of further impossibility of delivery due to the absence of the addressee, the products subject to the order shall be redelivered to Kumbre Italia srl.
Once 30 (thirty) days have elapsed from the date on which the products object of the order have been returned to Kumbre Italia srl due to impossibility of execution of the delivery, the contract shall be considered terminated and the purchase order cancelled pursuant to Art. 1456 of the Italian Civil Code. Kumbre Italia srl shall proceed to reimburse the sum paid by the customer net of the cost of returning the products and the cost of keeping them at the branch of the courier appointed for delivery.
The termination of the contract and the amount of the refund shall be communicated by e-mail. The refund amount shall be credited to the means of payment used by the customer for the purchase. In the event that, before the thirty days have elapsed, the customer asks to receive the purchased products again, Kumbre Italia srl shall proceed with the new delivery subject to charging, in addition to the cost of the same, the cost of returning the products to Kumbre Italia srl and the cost of storage.

Shipping costs shall be borne by the customer, including for any returns, modifications or repairs.
Upon delivery of the products by the courier appointed by Kumbre Italia srl, the customer must scrupulously check
a) That the packaging is undamaged or in any case altered. If the package is in poor condition, tampered with or opened, the Customer must collect it ‘with reserve’, as a precautionary measure, and then check for any damage. Once damage has been found, the Customer must undertake to contact us within 72 hours of signing. Kumbre Italia srl shall then take care of the bureaucratic paperwork with the Courier, and shall send the goods back to the Customer within 7 days, at no further cost.
b) That the number of pieces being delivered corresponds to that indicated in the transport document.
Kumbre Italia srl delivers to all the countries indicated on the Site and delivery shall take place without appointment.
No responsibility, for any reason whatsoever, may be charged by the Customer to Kumbre Italia srl in the event of delays in the processing of the order or in the delivery of the Products covered by the purchase contracts.

Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events which cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the cost of delivery to be borne by Kumbre Italia srl, shall entitle it to split, postpone or cancel all or part of the foreseen delivery or to terminate the Purchase Agreement. In such cases it shall be the responsibility of Kumbre Italia srl to provide timely and adequate communication of its determinations to the e-mail address indicated by the Customer and the latter shall have the right to reimbursement of any price already paid, excluding any further claim, for any reason whatsoever, against Kumbre Italia srl.

The customer has the right to withdraw from the contract, without stating any reasons, within 14 days (withdrawal period).
The withdrawal period expires after 14 days from the day on which the customer or a third party other than the carrier and designated by him acquires physical possession of the goods, or in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the customer or a third party other than the carrier and designated by him acquires physical possession of the last good.
To exercise the right of withdrawal, the Customer shall inform Kumbre Italia srl (Via Vegra, 5 – 36042 Breganze – info@kumbreitalia.com) of his decision to withdraw from the contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail).
In order to comply with the withdrawal period, it shall be sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

If the Customer withdraws from this contract, all payments he/she has made to Kumbre Italia srl shall be reimbursed (with the exception of additional costs deriving from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which Kumbre Italia srl is informed of the decision to withdraw from this contract. Such refunds shall be made using the same means of payment used by the customer for the initial transaction, unless expressly agreed otherwise. Refunds may be suspended until receipt of the goods.

The Customer is obliged to return the goods or deliver them to Kumbre Italia srl, at Via Vegra, 5 – 36042 Breganze, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the Customer returns the goods before the expiry of the 14-day period. The direct costs of returning the goods shall be borne by the Customer. The Customer shall only be liable for the diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. In practice, a used good will not be returnable.

In any case, the customer may not exercise the right of withdrawal in the case of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

Discovery of a Production Defect and Reimbursement Procedure

The purchaser must inform Kumbre Italia srl of any problem and/or alleged defect within 14 days of its discovery, requesting the return of the product concerned. The customer must inform Kumbre Italia srl (Via Vegra, 5 – 36042 Breganze (VI) – info@kumbreitalia.com) of his decision to withdraw from the contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail).
Kumbre Italia srl will authorise the return of the product (with transport at the purchaser’s expense) and will forward the product to the production department, which, after a technical appraisal, will decide on the specific case.
After the technical response, Kumbre Italia srl shall replace the product if the defect is ascertained or return the product if it does not fall within the terms of the warranty with transport costs charged.
In any event, the technical response of the production department of Kumbre Italia srl shall prevail for all quality problems.