General conditions of sale

General Provisions

MAMBA SPORT is a trademark of single-member TFL s.r.l.
These conditions are valid exclusively between single-member TFL s.r.l., with registered office in Locatelli Street 82-20853 Biassono (MB), P.VAT 10051610961, after named MAMBA SPORT and any person making purchases online through the website www.mamba-sport.com after named “CUSTOMER”. These conditions may be subject to modifications and their date of publication on the website equals to the date of entry into force.

These conditions govern the purchases made on the website www.mamba-sport.com in accordance with the provisions of Part III, Title III, Article I, of the Consumer Code, Legislative Decree n. 206/2005, revised by Legislative Decree n. 21/2014 and by the Legislative Decree 70/2003 on electronic commerce.

ARTICLE 1 – Object of the contract

With these general conditions of sale, MAMBA SPORT sells and the COSTUMER purchases remotely the movable goods indicated and offered for sale on the website www.mamba-sport.com or on the Facebook page MAMBA SPORT.
The contract finalizes exclusively through the internet, through an exchange of e-mails between the CUSTOMER and one of the email addresses attributable to the website www.mamba-sport.com and the realization of a purchase order according to the procedure described below.

The CUSTOMER agrees to take a look, before proceeding with the confirmation of the order, at these general conditions of sale, in particular about the pre-contractual information provided by MAMBA SPORT and to accept them in their entirety.

In the order confirmation email, the CUSTOMER will receive also a copy of these general conditions of sale, as foreseen by the art. 51 subsection 1 of the Legislative Decree 206/2005, revised by the Legislative Decree 21/2014.

ARTICLE 2 – Pre-contractual information for the consumer

The CUSTOMER before the conclusion of the purchase contract, looks at the characteristics of the goods that are illustrated in the individual product data sheets at the time of choice by the CUSTOMER.

Before the conclusion of the purchase contract, the CUSTOMER is informed about:

  • the total price of assets including taxes, with details of shipping costs and any other costs;
  • terms of payment;
  • the term within which MAMBA SPORT undertakes to deliver the goods;
  • conditions, terms, and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as a withdrawal form as per Annex I, part B of Legislative Decree 21/2014;
  • information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
  • the existence of the legal guarantee of conformity for the purchased goods;
  • after-sales assistance conditions and commercial guarantees provided by MAMBA SPORT.

The customer can at any time and in any case before the conclusion of the contract, take note of the information related to MAMBA SPORT, geographical address, telephone and fax number, email address, information that is reported, also below:

MAMBA SPORT
registered office Locatelli Street, 82 – 20853 – Biassono (MB)
tel. 039.8946861 – Fax 039.8942359
mamba-sport@pec.it

ARTICLE 3 – Conclusion and effectiveness of the contract

The sales contract is considered concluded with the sending by MAMBA SPORT to the CUSTOMER of an order confirmation email.
The email contains the data of the customer and the order number, the price of the goods purchased, shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of these conditions.

The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to communicate any corrections to MAMBA SPORT.

MAMBA SPORT undertakes to describe and present the items sold in the site in the best way possible.
Nevertheless, some errors, inaccuracies or small differences between the site and the real product could be highlighted. Furthermore, the photographs of the products presented on www.mamba-sport.com do not
constitute a contractual element, as only representative.

MAMBA SPORT undertakes to deliver the goods within 30 days of the dispatch by MAMBA SPORT of the order confirmation e-mail to the CUSTOMER.

ARTICLE 4 – Availability of products

The availability of products refers to the actual availability at the time the CUSTOMER places the order. This availability must, however, be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.

Even after sending the order confirmation email sent by MAMBA SPORT, could be considered cases of partial or total unavailability of the goods.
In this eventuality, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be immediately notified by email.

If the CUSTOMER requires cancellation of the order, settling to the contract, MAMBA SPORT will reimburse the amount paid within 14 days from the day on which MAMBA SPORT was aware of the customer’s decision to terminate the contract.

ARTICLE 5 – Terms of payment

Every payment by the CUSTOMER can be done by bank transfer in advance, through PAYPAL or credit card.

ARTICLE 6 – Prices

All the prices on sale of the products indicated on the site www.mamba-sport.com are expressed in euros and are inclusive of VAT.

Shipping costs are not included in the purchase price, but they are indicated and calculated at the time of the conclusion of the purchase process before the payment is made.

The customer accepts the right of mamba sport to change his prices at any time, however, the goods will be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and showed in the confirmation email from MAMBA SPORT to the CUSTOMER.

In the event of an IT, manual, technical or any other type of error that could cause a substantial change, not foreseen by mamba sport, of the selling price to the public, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the customer will be reimbursed within 14 days from the day of cancellation.

ARTICLE 7 – Right of withdrawal

In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without no penalty and without specifying the reason, within 14 days from the date of receipt of products.

It will, therefore, be possible for the CUSTOMER to withdraw from the purchase contract up to 14 days from the date of receipt of the purchased products. In case of multiple purchases made by CUSTOMER with only one order and delivered separately, the term of 14 days runs from the date of receipt of the last product.

The CUSTOMER who intends to exercise the right of withdrawal must communicate it to MAMBA SPORT through explicit declaration, that can be sent by registered mail return receipt.
The CUSTOMER can exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract.

In case of exercise of the right of withdrawal, the CUSTOMER is obliged to return the goods within 14 days from the day in which he communicated to MAMBA SPORT his desire to withdraw from the contract pursuant to art. 57
of Legislative Decree 206/2005.

The goods must be returned to MAMBA SPORT, at Deposito of Locatelli Street, 82 – 20853 – Biassono (MB).

The direct costs of returning the products are charged to the CUSTOMER. The cost is estimated to be equal to a maximum of about 10.00 (ten / 00) euros.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, instructions, etc.) and complete with the attached tax documentation.
Without prejudice to the right to verify compliance with what
above, MAMBA SPORT will reimburse the amount of the products object of the withdrawal within a maximum of 14 days, including any shipping costs.

As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, MAMBA SPORT may suspend the reimbursement until receipt of the goods or until the demonstration
on the part of the CUSTOMER to have sent back the goods to MAMBA SPORT.

MAMBA SPORT will reimburse using the same payment term used by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise their right of withdrawal, must provide MAMBA SPORT, by accessing the section contact us, the bank details: IBAN, SWIFT, and BIC required to make the repayment, on the part of MAMBA SPORT.

ARTICLE 8 – Clause satisfied or reimbursed

Supplementing Article 7 of the general conditions of sale, the CUSTOMER has the right to withdraw from the purchase without no penalty and without specifying the reason, within the deadline of 30 days from the expiry of the 14, required by law, for the exercise of the right of withdrawal.

This opportunity is offered, exclusively, by MAMBA SPORT, as we believe that our products offer unique characteristics whose qualities and efficiency we are so convinced to offer our CUSTOMER the opportunity to try them for a suitable time, in order to be able to give a thorough evaluation and to fully appreciate the benefits.

It will, therefore, be possible for the CUSTOMER to withdraw from the purchase contract up to 34 days. following the day of receipt of the products purchased.
In case of multiple purchases made by the CUSTOMER with only one order and delivered separately, the term of 34 days runs from the date of receipt of the last product.

The CUSTOMER who intends to exercise this clause must communicate it to MAMBA SPORT through explicit declaration, that can be sent by recommended a / R. The CUSTOMER may exercise this extraordinary right, including by sending any explicit declaration containing the decision to redraw from the contract.

In case of exercise of this right, the CUSTOMER is obliged to return the goods within 14 days from the day on which he communicated to MAMBA SPORT his desire to exercise the “satisfied or reimbursed” clause.

The goods must be returned to MAMBA SPORT, at Deposito of Locatelli Street, 82 – 20853 – Biassono (MB).

The direct costs of returning the products are charged to the CUSTOMER. The cost is estimated to be equal to a maximum of about 10.00 (ten / 00) euros.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, instructions, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with what above, MAMBA SPORT will reimburse the amount of the products object of the withdrawal within a maximum of 14 days, including any shipping costs.

MAMBA SPORT will reimburse using the same payment term used by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise their right of withdrawal, must provide MAMBA SPORT, by accessing the section contact us, the bank details: IBAN, SWIFT, and BIC required to make the repayment, on the part of MAMBA SPORT.

For any other contractual information, please refer to the general terms and conditions of sale.

ARTICLE 9 – Legal assurance of conformity

In case of receipt of products not conforming to orders or defective, the CUSTOMER has the right to restoration without expenses of product conformity by repair or replacement of the product.
The CUSTOMER can exercise this right if the defect occurs within two years from delivery of the goods and denounce the defect to MAMBA SPORT within two months from the discovery by registered letter return receipt.

MAMBA SPORT, in case of defective or not-compliant product, will provide, at its own expense, to organize the collection of the product compatibly with the CUSTOMER’s availability.

All images are inserted for illustrative purposes. The articles may differ in some details for technical improvements decided by the manufacturer and for the benefit of the consumer.

ARTICLE 10 – Delivery methods

MAMBA SPORT will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier at the address indicated by the CUSTOMER when ordering not later than 30 days from the date of receipt by the CLIENT of the e-mail of order confirmation sent by MAMBA SPORT.

For every order placed MAMBA SPORT will issue an invoice for the goods shipped. The invoice is available and printable, attached to the email related to the order. The invoice will contain the information provided by the CUSTOMER in the purchase process. After the invoice is issued, it will not be possible to make any changes to the data indicated in the same.

ARTICLE 11 – Responsibility

MAMBA SPORT does not assume any responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, in case fails to execute the order within the time specified in the contract.

ARTICLE 12 – Access to the site

The CUSTOMER has the right to log into the site for the consultation of purchases. No other use, in particular commercial, of the site or its contents is permitted.
The integrity of the elements of this site, whether they are sound or visual, and the relative technology used remain the property of MAMBA SPORT and are protected by the intellectual property right.

ARTICLE 13 – Entirety

These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered not valid or declared as such in accordance with the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effectiveness.

General provisions of sale at february 21st 2018