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General conditions of Sale

Art. 1 – General provisions

1. By navigating in this area, the user accesses APES LAB. , accessible via the URL: apes-lab.com . Browsing and transmitting a purchase order on the site entail acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.

2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Company: ATHLETE DIVISION SRL

Registered office: Via Nicolò Biondo 234/A, 41126 Modena (MO)

VAT number: 03973270360

Registered with the REA, number MO – 432713

3. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are considered generally and unequivocally accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which ATHLETE DIVISION SRL reserves the right to modify unilaterally and without notice.

5. It is possible to use the site and therefore access products supplied by it and purchase them in the following languages:
• Italian

Art. 2 – Object

1. These General Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders for products on ATHLETE DIVISION SRL and do not, however, regulate the supply of services or the sale of products by subjects other than the seller who are present on the same site via links, banners or other hyperlinks.

2. Before placing orders and purchasing products and services from different parties, we suggest checking their conditions of sale.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, it will be necessary to complete the form in electronic format and send it following the relevant instructions.

2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the delivery methods of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning purchased products.

3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.

4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.

5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will happen by clicking on the “Complete order” button at the end of the wizard.

6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.

Art. 4 – Registered users

1. When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.

2. The confirmation will in any case exempt ATHLETE DIVISION SRL from any responsibility regarding the data provided by the user. The user undertakes to promptly inform ATHLETE DIVISION SRL of any change in their data communicated at any time.

3. If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties regarding the payments made, ATHLETE DIVISION SRL will have the right not to activate or suspend the service until the relevant shortcomings.

4. Upon the first request to activate a profile by the user, ATHLETE DIVISION SRL will assign the user name and a password to the same. The latter recognizes that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user that the actions carried out through such access will be attributed to him and will have binding effect on him.

5. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 – Availability of products

1. Product availability refers to the actual availability at the time the buyer 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 the order is confirmed.

2. Even after sending the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be immediately informed via e-mail.

3. If the buyer requests cancellation of the order, terminating the contract, ATHLETE DIVISION SRL will refund the amount paid within 30 days starting from the moment in which ATHLETE DIVISION SRL became aware of the buyer's decision to terminate the contract.

Art. 6 – Products offered

1. ATHLETE DIVISION SRL markets:

Sportswear, accessories, supplements, protein food, sports equipment and event tickets.

2. The offer is detailed on our website at the link: apes-lab.com

Art. 7 – Payment methods and prices

1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.

2. In the event of an error, ATHLETE DIVISION SRL will notify the buyer as soon as possible, allowing the order to be confirmed at the correct amount or canceled. In any case, there will be no obligation for ATHLETE DIVISION SRL to supply what is sold at the lower price incorrectly indicated.

3. The prices on the site are inclusive of VAT and include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.

4. Once you have selected the desired products, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the information requested at each step of the process. Order details may be modified before payment.

5. Payment can be made via:

  • Credit cards (Visa, Mastercard, American Express)
  • Debit cards (Visa debit, Mastercard debit, Maestro)
  • Paypal
  • Apple Pay
  • Google Pay
  • Amazon Pay
  • ShopPay

Art. 8 – Delivery

1. ATHLETE DIVISION SRL carries out shipments throughout Italy and abroad.

2. ATHLETE DIVISION SRL will only make deliveries to the user's home, provided at the time of purchase.

3. Delivery is carried out, for the Italian territory, generally within 1-5 working days, or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation.

4. As regards European Union countries, delivery will be made in 1-14 working days, and in any case, within a maximum of thirty days.

5. In non-EU territories, delivery will take approximately 1-30 working days.

6. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify where the order is located and how to agree on a new delivery.

7. If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to agree a new delivery date.

8. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that the contract is intended to be terminated.

9. As a result of the resolution, the amounts will be returned, including delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 30 days of date of termination of the contract. Transport resulting from the termination of the contract may have additional costs which will be borne by the buyer.

10. Shipping costs are borne by the buyer and are explicitly highlighted at the time the order is placed.

11. Order processing times are 24-48 hours. No responsibility can be attributed to ATHLETE DIVISION SRL in the event of a delay in the delivery of what was ordered by the couriers.

Art. 9 – Passing of risk

1. The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them is received, including shipping costs, or at the time of delivery, if this occurs at a later time.

Art. 10 – Guarantee and commercial compliance

1. The seller is responsible for any defect in the products offered on the site, including non-compliance of the items with the products ordered, in accordance with the provisions of Italian legislation.

2. If the buyer has stipulated the contract as a consumer, i.e. any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out, this guarantee is valid provided that the defect appears within 24 months of delivery date of the products; that the buyer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that a return request is sent to info@apes-lab.com.

3. In case of non-conformity, the buyer who has stipulated the contract as a consumer will have the right to obtain the restoration of conformity of the products without costs, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price.

4. All return costs for defective products will be borne by the seller.

Art. 11 – Withdrawal

1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 14-day period starts from the date of receipt of the last product.

3. The user who intends to exercise the right to withdraw from the purchase can do so by sending an email, indicating the order number and his name, to the following email address:
info@apes-lab.com

4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not obligatory.

5. The goods must be returned to:

ATHLETE DIVISION SRL (registered and operational headquarters)

Via Nicolò Biondo 234/A, 41126 Modena (MO)

6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to the withdrawal within a maximum period of 30 days. Any shipping costs are excluded from the refund.

7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until the buyer demonstrates that he has sent the goods back.

8. The right of withdrawal will not apply in the event that the services and products of ATHLETE DIVISION SRL are included in the categories of the art. 59 of Legislative Decree 206/2005.

9. The site will carry out the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

Art. 12 – Data processing

1. The buyer's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section.

Art. 13 – Safeguard clause

1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these

Art. 14 – Contacts
Any request for information can be sent via email to the following address: info@apes-lab.com

Art. 15 – Applicable law and competent court

1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any different mandatory rules prevailing in the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.

2. Any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. In particular, if the buyer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the buyer according to the applicable law.

These conditions were drawn up on 12/11/2021.