GENERAL TERMS AND CONDITIONS

Welcome to fiorentinastore.com, the official online shop of ACF Fiorentina S.r.l.

The Products on sale on fiorentinastore.com are distributed by FANATICS ITALY s.r.l, located in Milan, Via Magistretti n. 10 (CAP: 20128), company registered by the C.C.I.A.A. of Milan, with n. 359848 of the Companies Registration List - C.F. P. IVA n. 11670080156.

Trademarks, logos and other distinguishing marks of any kind used in the site pages belong to their respective owners.

It is forbidden to unauthorized third parties to use trademarks, logos and other distinctive marks of this site, including their reproduction on other internet sites.

Contents, such as information, texts, graphics and images contained in this site are protected by copyright; accordingly, any copy and reprint of any images displayed on this site without the prior written authorization of FANATICS ITALY is forbidden.

Every purchase of Products on sale on this website is regulated by the following

General Terms and Conditions

Art. 1 - DEFINITIONS

1.1. The term “Site” refers to the internet site fiorentinastore.com, dedicated to the sale of official merchandising items on behalf of ACF Fiorentina S.r.l.

1.2. The term “Customer” refers to the person (either natural or legal person) that makes a purchase on the Site, in compliance with the following general sale conditions.

1.3. The term “Order” refers to the request’s form of the Products (as defined below) on sale, filled in by the Customer on the Site.

1.4. The term “Products” refers to the goods on sale on the Site according to the following general sale conditions.

1.5. The term “Customized Products” refers to the goods that are customized at the Customer’s request.

1.6. The term “Price” refers to the amount to be paid by the Customer for the Products purchased on the Site.

1.7. The term “Contract” refers to the remote sale contract, whose object is the sale of the Products according to the following general sale conditions.

1.8. The term “Parties” refers to FANATICS ITALY and the Customer.

1.9. “Consumer” is the Customer as natural person who acts for purposes other than those related to the business, commercial, handcrafted or professional activity he/she carries out.

Art. 2 –PROCESS OF ENTERING INTO THE CONTRACT

2.1. Products are sold according to the terms and conditions provided by the contract published on the Site when making the order. Prices and Products may vary, without notice. Every contract will be considered entered into at the price in force at the order’s receipt.

2.2. To finalise the purchase, the Customer must follow these simple steps:

I) to select the Product and to click on the button “Add to cart”: at this step, the summary of the main Product’s features and the total Price, including the shipping cost (except possible customs duties, if applicable) and the taxes, will appear.

II) to click on the button “Proceed to Checkout” and to fill in the request’s form (“Order”), by stating the preferred payment modality; before going on to the next step, the Customer shall verify that the data he/she provided are correct. The Customer is responsible for the truthfulness of the data he/she provided.

III) to read the Contract’s general terms and conditions, by clicking on the relevant button, and accept them by flagging the box close to the wording “Accept Terms and Conditions”.

IV) to click on the button “Place order now”: by law, the button will point out that the order itself will entail the obligation to pay the ordered Products.

2.3. Once the purchase is completed, the Customer will receive a confirmation of the order, which will point out: the type of purchased Products, the Price of each Product, the shipping cost and the chosen payment modality; the right of withdrawal (please refer to the following Art. 8) - which can be exercised provided that the relevant conditions necessary are met - will also be specified.

2.4. The Contract is concluded and binding upon both Parties when the order confirmation is issued by FANATICS ITALY and provided to the e-mail address indicated by the Customer.

2.5. The contract is filed with the faculty for the customer to view it by accessing to the personal area or contacting the Customer Care service.

2.6. The fulfilment and supply of customized Products proposed on the Site is subject to a specific request by the Customer, which must be submitted based ormation on the Site. This kind of Products shall be paid in advance and the Customer is not entitled to withdraw from the purchase Contract.

Art. 3 – DELIVERY TIME AND TERMS

3.1. FANATICS ITALY will arrange the delivery by courier of all ordered Products to the address specified in the Customer's order.

3.2. The Products’ delivery will take place within 24-48 hours for Italy, within 48-72 hours for Europe, within 3 or more working days for non-EU countries. The delivery dates indicated on the Site are merely approximate and not binding upon FANATICS ITALY. At any rate, the delivery will take place at the latest within 30 days from the Contract’s conclusion.

3.3. In the event of missed Product's delivery within the agreed time limit (30 days), the Customer must exhort FANATICS ITALY to finalise the delivery within an appropriate additional time and will be entitled to terminate the contract should such additional time expire without the delivery being finalised.

3.4. Should one or more Products be out of stock after the order being made, FANATICS ITALY will inform the Customer by e-mail and will carry out the delivery of the other Products ordered by the Customer. The partial delivery of the ordered Products will still be valid and the Customer will not be entitled to either refuse the delivery or the payment for the delivered Products, or claim compensation. The Customer will only be entitled to receive the full refund of the lacking Product or Products’ Price, in case of advance payment.

Art. 4 - REGISTRATION

4.1. To purchase the Products, the registration on the Site is not mandatory. However, the Customer can decide to make the registration, which is free, fast and does not entail any purchase obligation. At the first order, the Customer may decide to register an account and he/she will receive a generic password. The password may changed immediately through the link pointed out in the confirmation e-mail. The Customer is responsible for providing complete, correct and true data relating to personal information, personal address and, in general terms, all other information useful to fulfil the order.

4.2. The Customer is responsible for keeping a copy of the purchase order confirmation, sent by customercare@fiorentinastore.com to the e-mail address provided by the same Customer during the registration on the Site.

Art. 5 – PRICE AND PAYMENT

5.1. Prices are expressed in Euros (€) - the conversion into different currencies is purely approximate. Prices include the VAT (Value Added Tax) in force at the time of the order and it varies according to the different type of Products.

5.2. The ensuing total Price at the end of the purchase procedure is inclusive of transport charges, but it does not include custom duties and possible additional charges on the sale price, necessary to import the Products in a foreign country. Any supplementary charges relating to clearance procedures shall be paid exclusively by the receiving party.

5.3. Payment will have to be made in full:

• for credit card and PayPal payments, when placing the order on the Site

5.4. Invoice must be requested at the time of the order.

Once completed the order, the customer must contact our customer service by e-mail, communicating the following information:

    Order number

    Business name

    Invoice address

    Fiscal code or VAT code

The invoice will be sent to the customer at a later time by email.

Invoice requests made the days follwing the placement of the order will not be accepted.

Art. 6 - FORCE MAJEURE

6.1. In case of impossibility to perform the Contract, in whole or in part, for the Product's unavailability or due to force majeure, FANATICS ITALY will inform the Customer by e-mail within 30 days from the order submission day and will not be liable vis-à-vis the Customer, except for the refund of the amounts that were already paid by the Customer.

Art. 7 - COPYRIGHT AND TRADEMARKS

7.1. The Contract does not award to the Customer any right about trademarks, logos, and/or other distinctive marks of any kind used in or displayed on the Site pages, or about the relevant contents.

Art. 8 – WITHDRAWAL RIGHT

8.1. According to art. 52 and following of the Italian Legislative Decree n.21/2014, the Customer-Consumer is entitled to terminate the Contract, without any liability and without specifying the reason thereof, by and not later than 14 days from the Product's receipt (or in case of numerous Products being purchased with a sole order and being delievered separately, the Customer's termination right will run from receipt of the last ordered Product).

8.2 To enforce the right of withdrawal, within the deadline stated in the previous point 8.1, the Customer must inform FANATICS ITALY about his/her intention to withdraw by submitting any other explication about his choice of terminating the Contract; form and/or declaration can be sent to FANATICS ITALY offices by e-mail (customercare@fiorentinastore.com).

8.3. In case of enforcement of the withdrawal right, the Customer must return to FANATICS ITALY the Products he/she had received, by posting such Products at FANATICS ITALY S.R.L. - Via Morelli, 1 – 20054 Segrate (MI) - Italy, without improper delay and in any case within 14 days following his/her written communication to FANATICS ITALY about his/her choice to terminate the Contract; the time limit is respected if the Customer returns the Products before the above-mentioned deadline of 14 days.

8.4. The direct cost for returning the Products shall be borne by the Customer, custom duties included. Refund excludes transport charge (both for shipments and returning) and possible customs duties/taxes.

8.5. The Customer must return the Products in a good preservation state, without removing the original labels. The returned items must be accurately packed in order to protect the original covers from any damage, writing or labelling. The Customer is liable for the value’s decrease of the Products deriving from a handling other than the one needed for establishing its nature, features and working.

8.6. If the withdrawal right is exercised in accordance with the above-mentioned instructions, FANATICS ITALY will pay back – within 30 days from receipt of the withdrawal communication – the whole Price received by the Customer, only with respect to the order to which the withdrawal relates. FANATICS ITALY will use the same payment modality used by the Customer for the purchase, provided that no further costs for the refund are entailed. However, under art. 56, paragraph III, of the Italian Legislative Decree. n. 21/2014, FANATICS ITALY can withhold the refund if either the Products arrive or the Customer proves that he returned the Products, depending on what situation occurs first.

8.7. The withdrawal right may be exercised by the natural person, who acts for purposes that do not fall within and may are not related to his/her business, commercial, handcrafted or professional activity. Accordingly, the withdrawal right does not apply in connnection with purchases carried out by retailers and/or companies.

8.8. The withdrawal right is also excluded, under the art. 59 Legislative Decree. n. 21/2014, in the event of supply of customized Products (see previous art. 2.6.), as well as sealed Products which are not suitable to be returned for sanitary reasons or related to the health’s protection, and/or which have been opened after the relevant delivery; as well as in case of audio or video recordings, which have been opened after the delivery.

8.9. No refunds are possible for customized products (jerseys or shorts with player name or personal name /or number, with initials, except if faulty or damaged); for underwear, swimsuits and face masks; for match jerseys if the player leaves the club or changes the squad number). Discounted products (seasonal sale or special promotions) are not refundable.

9. RIGHTS OF THE CUSTOMER IN CASE OF NON-STANDARD Products

9.1. If the Customer is a Consumer and complaints defects of the Product, he/she may ask for a refund. The termination / refund is however excluded in case of minor faults.

9.2. Following the Customer's notification, FANATICS ITALY will arrange for a pick-up of the Product at the Customer's address within a congruous time limit and, upon a check of the defect, for the partial or full refund of the Price. At any rate, FANATICS ITALY can try to find a different solution, as for example a voucher equivalent to the amount paid by the Customer, to be spent later on by the latter by contacting the Customer Service; if the Customer accepts, FANATICS ITALY will provide for the proposed solution to be fulfilled.

9.3. If the Customer fails to notify FANATICS ITALY with his/her compaint within 2 months from the defect discovery, the rights set forth under art. 9.1 will not be enforceable.

Art. 10 – PRIVACY

10.1. The data provided by the Customer and necessary for the duly fulfillment of the Contract will be processed in compliance with the provision of the 2003 Legislative Decree n. 196 regarding “Personal Data Protection”. For further information, please see the “Privacy” section.

Art. 11 - COMMUNICATIONS

11.1. All communications between the Parties shall be made in writing and provided to the address of the other party indicated in the Contract, as regards FANATICS ITALY, and in the order, as regards the Customer.

11.2. All communications sent to the e-mail address of the other party, as above-mentioned, will be considered effectively sent in writing.

Art. 12 - APPLICABLE LAW AND JURISDICTION

12.1. The parties, by contracting under the previous Art. 2, agree that the Contract will be governed by and interpreted according to Italian law. The Parties acknowledge that the application to this Contract of the United Nations Agreement on the contracts for the International Sale of Goods is expressly excluded.

12.2. For any dispute concerning to the validity, fulfillment or interpretation of the Contract, or relating thereto, the Competent Court will be:
a) the Customer’s place of residence court, if the Customer is a consumer and has the residence or the domicile in Italy

b) in any other case, exclusively the Court of Milan, Italy.

12.3. Furthermore, the Customer has the option to resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr