General Terms of Sale

1- General regulations

The here listed General Terms of Sale apply to the products that can be purchased on our e-commerce platform, which can be accessed through the following urls: www.magfit.cloud and www.magfit.it. Browsing and sending a purchase order on the website implies the approval of the Privacy Protection Conditions and Policies applied by the Site and here displayed.
The current General Terms of Sale apply to the sale of products that concern exclusively the purchases made on the website, in accordance with the dispositions of Part III, Tittle III, Chapter I, Consumer Code (D.lgs. n. 206/05 modified though D.lgs.n.21/14 and D.lgs. 70/03) by IN ACTION srl sigle-member-company, registered office Tourin, Corso Francia, 30; Vat Number: 11905120017; REA registration number: TO-1249720.
The purchaser is required to read the hereby General Terms of Sale before browsing the section where the website products are supplied. These terms are meant generally and unequivocally accepted at the time of the purchase.
It is possible to use the website and then have access to the products supplied by the site in the following languages: Italian and English.

2 – Object

The hereby General Terms of Sale rule the offer, the forwarding and the acceptance of purchase orders of products on www.magfit.cloud but don't rule the delivery of services or the sale of products by subjects different from the seller who could be present on the same website through links, banners or other hypertexts.
Before sending orders or purchase products and services by other subjects, we suggest to verify their terms of sale.

3 – Finalization of the contract

In order to finalize the purchase contract it will be necessary to fill in the electronic form and send it following the instructions.
It contains a reminder to the General Terms of Sale, the images of each product and its price, the available methods of payment, the way the purchased products will be delivered and the shipping and delivery costs, a reminder to the Terms for the application of the Right of Withdrawal; the return methods and time for the purchased items.
Before finalizing the contract, the user will be asked to confirm their reading of the General Terms of Sale, including the Information Notice about the Right of Withdrawal and the Use of Personal Data.
The contract is finalized when the seller receives the filled-in form by the purchaser after verification of the accuracy of the data it contains.

The purchaser has the responsibility to verify the accuracy of the data contained in the last step of the Order and to correct possible mistakes during the typing, to print and keep the order confirmation received by email and the General Terms and Conditions attached or to save or copy with other methods on a durable medium.

The purchaser will have to pay the price as soon as the procedure of the online order forwarding is finalized. It will be made through a "payment confirmation" at the end of the guided procedure.
When the contract is finalized, the seller will take charge of the order to be fulfilled.

4 – Registered Users

When finalizing the registration procedures, the purchaser is required to follow the instructions found on the website and to give their own true and correct personal data.
After confirming their own data, www.magfit.cloud will be released from all liability about the data given by the purchaser. The purchaser agrees to inform www.magfit.cloud immediately about any changes in their previously given data.
If the purchaser gives incorrect or incomplete data and also in the case there is any objection about the payments by the subjects involved, www.magfit.cloud will have the powers to invalid or suspend the service until the shortcoming is fixed.
When the purchaser registers for the first time, www.magfit.cloud will match them with a username and password. The purchaser agrees about these identifiers to be the validation system for the purchaser to access the Services and the only suitable method to identify the purchaser, and the actions made through this access will be ascribed to them and will have binding effect for them.
The purchaser agrees to keep their access data secret and to keep them safe with due care and attention and to not transfer them even temporarily to third parties.

Art.5 – Products Availability

Products Availability refers to the actual availability at the moment when the purchaser makes their order. However, this availability must be considered merely indicative because, due to the fact that several users can be on the website at the same time, the products could be sold to other clients before the order is confirmed.
Even after the order confirmation email is sent, some cases of partial or total unavailability of the products could occur. In this case, the order will be rectified automatically by deleting the unavailable item and the purchaser will be promptly informed by email.
If the purchaser asks for the order to be cancelled, terminating the contract, www.magfit.cloud will refund the sum paid within 15 days from the moment when www.magfit.cloud had news of the purchaser's decision to terminate the contract.

Art. 6 – Products Varieties

www.magfit.cloud sells ski poles. The choice is described on our website www.magfit.cloud

Art. 7 – Payment Methods and Prices

The price of the items will be the one specified for each of them on the website, except where a possible mistake is clear.
In case of mistake www.magfit.cloud will inform the purchaser as soon as possible and allow them to confirm the order with the correct sum or to cancel it. www.magfit.cloud won't be required in any case and any way to sell the item at the mistakenly lower price specified.
The prices on the website are VAT included. The delivery costs, when due, are added to the total sum as shown during the purchase procedure. An invoice will be issued by the Supplier only when asked for by the Purchaser, who will have to give their necessary fiscal data.

Prices can be changed at any moment. Changes won't be applied to the orders for which an order confirmation has already been sent.

After selecting the items, they will be added to the cart. Then the user will just have to follow the purchase instructions and fill in or verify the required information at each step of the procedure. Order details can be modified before payment.
Payment can be made with:

Credit Cards: PayPlug, https://www.payplug.com/it/politica-di-confidenzialit%C3%A0

PayPal: https://www.paypal.com/it/webapps/mpp/ua/privacy-full

Art. 8 – Delivery

www.magfit.cloud delivers on the whole Italian territory, except Vatican City and San Marino Republic.
www.magfit.com will deliver the order at the purchaser's address or at a different address specified by the purchaser.
The delivery takes place, on the Italian territory, within 3-5 weekdays, or within the time estimated at the moment of the selection of the way of delivery, when the delivery date is not specified, and in any case within a maximum period of 30 days from the date of confirmation.
For EU countries the delivery will be made within 5-7 days, and in any case within the maximum period of 30 days.
For non-EU countries the delivery will be made in about 30 days.
When the delivery can't be finalized, the order will be sent to a warehouse. In this case a notice will specify where the order is and how to agree a new delivery.
If you can't be present at the specified address at the agreed time, we advise you to contact us to rearrange a new date for the delivery.
If the second delivery can't be finalized for reasons that cannot be ascribed to us, we will assume that you want to terminate the contract.
After the termination of the agreement, the sum paid will be refunded, except the costs for the logistics of the goods to be delivered. The sum will be refunded within 15 days from the receiving of the goods at the seller's headquarters.
The delivery costs are clearly specified at the moment the order is made and could be borne by the purchaser, according to the destination country.

Art 9 – Risk Transfer

The risks related to the products will be transferred to the purchaser from the moment of the delivery. The ownership of the products takes place as soon as the complete payment of all the sums due for the products themselves is received, there included delivery costs, or at the moment of the delivery if it takes place afterwards.

Art.10 – Guarantee and Commercial Compliance

The seller is responsible for any flaws in the products sold on the website, there included the non-compliance of the items with the ordered products, under existing Italian legislation.
If the purchaser has finalized the contract as a customer, i.e. any natural person browsing the website for purposes not related to any business or professional activities, this guarantee is valid and ruled by the supplier's legal guarantee as established by the articles 128 and following in the Consumer Code.

In order to use the guarantee, the purchaser will have to keep the invoice received in electronic format if it has been issued, or a copy of the order confirmation received by email and to attach photographs of the product to the application and fill in the online returns form.

In case of non-compliance the purchaser who finalized the contract as a customer will be entitled to obtain the restoration of compliance of the products without further charges by fixing or replacement, or to obtain a suitable price reduction or the termination of the contract regarding the questioned goods and the subsequent refund of the sum.
All costs of return for flawed items will be borne by the supplier.

Art.11 – Withdrawal

According to the existing legislation the purchaser is entitled to withdraw the purchase without any penalties and without specifying the reasons thereof, within a period of 14 days as set by the article 57 of D.lgs 206/2005 starting from the date of receipt of the items.
The purchaser who wants to exercise the right of purchase withdrawal will be able to do so by accessing the section "Returns" on the website www.magfit.cloud and making an application.

The purchaser will be able to send an email as well, where they specify the order number and their name, to the following email address: claim@magfit.cloud

The purchaser will have to exercise their right of withdrawal also by sending any clear statement about their decision to terminate the contract or otherwise send the not mandatory model withdrawal form as set in the Attachment I, part B, D.Lgs 21/2014 .
The goods will have to be sent to:

IN ACTION srl unipersonale

Via Mazzini 88

26845 Codogno (LO)

ITALY

The goods will have to be returned undamaged, in their original package, intact in every part, including the string used to bind the tags to the intact item; including the fiscal documents attached. Without prejudice to verify compliance with the above, the website will refund the amount for the items involved in the withdrawal within a maximum period of 14 days from the date of receipt of the returns by the seller.
The costs for the goods return will be borne by the purchaser.
The Website will refund the sum by the same method chosen by the purchaser during the purchase procedure.

Art.12 – Data processing

The purchaser's data are processed according to the existing legislation about protection of personal data, as set in the specified section including the notice in accordance with the dispositions of art. 13 EU Settlement 2016/679 (Privacy Policy)

Art.13 – Safeguard clauses

In case one of the clauses in these General Terms of Sale were invalid for any reasons, it will not in any case spoil the legitimacy and the respect of the other regulations present in these General Terms of Sale.

Art.14 – Contacts

Any requests of information can be sent by email to the following address: info@magfit.cloud

Art.15 - Relevant legislation and Court of jurisdiction

These General Terms of Sale are regulated by the Italian law and understood according to it. As a consequence the understanding, execution and resolution of the General Terms of Sale are subjected exclusively to the Italian law.
Possible litigations about and/or ensuing from them will have to be resolved exclusively by the Italian jurisdictional authority. Specifically, if the purchaser has the position of Customer, possible litigations will have to be resolved by the court of their place of residence or domicile, according to the relevant law.

These terms were recorded on 01/09/2022