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Terms and conditions of sale

These general conditions of sale (hereinafter also "GCS") govern the purchases of "Exagon" brand clothing and accessories (the "Products") made by any natural person who qualifies as a consumer (the "Customer") - i.e. natural person who concludes a purchase contract for the satisfaction of needs of daily life unrelated to business or professional activity (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/ 2005) – on the e-commerce site

The seller reserves the right not to process orders from subjects who do not fall within the legal definition of "consumer". In any case, if the buyer does not qualify as a consumer, the purchase contract will be governed by Italian law, with the exclusion of the 1980 Vienna Convention on the international sale of goods.

The Client acknowledges that:
– the website is owned by Exclusive Sport s.r.l., with headquarters in via Guglielmo Tirelli 7– Reggio Emilia, 42124 (RE) – Italy, Share Capital Euro 16,000.00 i.v., VAT No. 02750210359, Tax Code/Reggio Emilia Company Register, R.E.A. no. RE – 310055;

– the seller of the Products, which is a contractual party with the Customer pursuant to these General Conditions of Sale (GCS), is Exclusive Sport S.r.l. a sole shareholder, with registered office in via Guglielmo Tirelli 7– Reggio Emilia, 42124 (RE) – Italy, Share Capital Euro 16,000.00 i.v.

– Orders can only be placed by adults and who are not legally incapacitated.

– The language in which the Contract is concluded is Italian. In case of conflict between the versions of the General Conditions prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the General Conditions in Italian prevail.

ARTICLE 1 – Object and conclusion of the contract
With these general conditions of sale, Exagon sells to the Customer, who buys remotely, the Products offered for sale on the site (the “Site”).

The contract is concluded exclusively through the internet, by accessing the customer to the website, by sending a purchase order according to the procedure provided by the site itself and its acceptance by Exagon. The purchase order sent by the Customer through the Website has the value of a contractual proposal and is governed by these general conditions of sale which the Customer himself is required to accept in full and without reservations. To this end, the Customer, before proceeding with the conclusion of the order, undertakes to read these GCS and the pre-contractual information provided on the page.

The sales contract is finalized with the sending by Exagon to the Customer of an e-mail confirming the order. The e-mail contains the customer's data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.

The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify Exagon of any corrections.

In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the CUSTOMER. Before the conclusion of the purchase contract and before sending the order, the customer is informed about:
1. identification of the seller;

2. total price of the goods inclusive of taxes, with details of shipping costs and any other costs;

3. payment methods;

4. the term within which Exagon undertakes to deliver the goods;

5. the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;

6. existence of the legal guarantee of conformity for the purchased goods;

7. after-sales assistance conditions and commercial guarantees provided.

ARTICLE 3 – Availability of products
The availability of the products indicated on the site refers to the actual availability at the time the customer places the order. This availability must in any case be considered indicative because, due to the simultaneous presence of several users on the Site, the Products could be sold to other Customers before the order is confirmed.

Where the products covered by the order are not available for reasons beyond the control of Exagon, the order will be automatically adjusted with the elimination of the unavailable product.

The Customer who accesses the localized Site will have access to the Products available and purchasable in the Country where the Site is located. The products purchased can only be delivered within the territory of the Country where the Site is located.

ARTICLE 4 – Prices
All sales prices of the products indicated on the Site are expressed in local currency and include all taxes payable by the consumer.

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

The Customer can use the promotional vouchers offered by Exagon for the purchase as part of promotional campaigns. These vouchers can only be used in the manner indicated in the vouchers themselves, they cannot be used retroactively and/or be transferred to third parties. It is not possible to use multiple promotional vouchers cumulatively for the same order.

If for any reason, also due to withdrawal or return by the Customer, the total value of the order should be lower than the value of the voucher, Exagon reserves the right to invoice the original price of the goods which remain in the Customer's possession. Promotional vouchers will not be refunded if the buyer decides to return all or part of the goods.

ARTICLE 5 - Terms of payment
Exagon accepts various payment methods including, for example, credit card, debit card, PayPal, bank transfer, cash on delivery.

In case of payment by credit card, debit card and PayPal, the actual debit of the order amount will take place only when the order is complete and ready for shipment.

Payments can also be made with the use of  Promotional Vouchers.

The communications relating to the payment and the data communicated by the Customer when this is made take place on special protected lines. The security of payment by credit card is guaranteed through the TLS (Transport Layer Security) encrypted data transmission protocol.

For each order placed on the Site, upon payment, Exagon will issue a tax receipt for the goods shipped. This document is available and printable, after the order has been processed, in the "orders" section.

ARTICLE 6 - Right of withdrawal
In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.

The Customer who intends to exercise the right of withdrawal must communicate it through an explicit declaration, which can be transmitted both by the means indicated in the return instructions contained in the package received with the goods and by accessing the "orders" section of the "Personal Area" page on the site  ;, with the creation of an IT return request, or again - if it is a non-registered customer - by filling in the online return form.

In case of exercise of the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the seller his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to Exclusive Sport s.r.l. using the adhesive label supplied by Exagon.

It is the Customer's responsibility to correctly follow the instructions contained in the package with which he received the goods and indicated on the Site for returns.

The goods must be returned intact, in their original packaging, complete in all their parts (including the price label, packaging material and any documentation and accessory equipment) and complete with the attached tax documentation.

Without prejudice to the right to verify compliance with the above, Exagon will refund the amount of the products subject to withdrawal within a maximum period of 14 days.

The Customer is responsible for the decrease in the value of the goods resulting from handling other than that strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, scratching, removal of the labels, removal of the pendants, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product), not accompanied by the attached instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Customer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.

As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Exagon may suspend the refund until receipt of the goods or until the Customer demonstrates that he has returned the goods to the seller.

Exagon will make the refund using the same payment method chosen by the Customer during the purchase. In the case of payment made in cash, and if the Customer intends to exercise his right of withdrawal, he must provide Exagon, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made.

ARTICLE 7 – Legal guarantee of conformity – Procedure for its use
Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer . Furthermore, Customers acknowledge and accept that all images shown on product pages or on other pages of the Site are shown for informational purposes only and may not be fully representative of the Products and their characteristics.

Upon arrival of the goods, the Consumer will have the responsibility to examine the Products as soon as possible and, under penalty of forfeiture of this guarantee, to report any defects and non-conformities within and no later than 2 (two) months from discovery, sending to the Exagon Customer Service, by e-mail, the appropriate form correctly completed, with precise indication of the defect and/or non-compliance found, as well as the relative documentation indicated in the return form itself (at least one photograph of the Product, the order confirmation sent by the Seller and the tax receipt).

Following receipt of the form and related documentation, Exagon will evaluate the defects and non-conformities reported by the Consumer and, after having carried out the quality controls aimed at verifying the effective non-conformity of the Product, will decide, at its own discretion, whether to authorize the return of the Products by providing the Consumer with a reply via e-mail to the address provided by the latter during the registration process on the Site. The authorization to return the Products does not in any way constitute acknowledgment of defects or non-conformities, the existence of which must subsequently be ascertained upon return.

If, following this verification, the Products are not covered by warranty, the same will be made available to the Customer.

The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions/warnings provided or indicated in the reference illustrative documentation, tags or labels.

To use the warranty assistance, the Customer must keep and show the purchase receipt.

ARTICLE 8 - Delivery methods
Exagon will only accept orders to be delivered in the Italian territory and in that of the States indicated on the Site. The products will be delivered by express courier to the address indicated by the Customer at the time of the order no later than 30 days from the date of receipt by the Customer of the order confirmation email sent.

ARTICLE 9 - Responsibility
Exagon assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the times set out in these GCS.

Both in the hypothesis of exercising the right of withdrawal and in the hypothesis of exercising the right to guarantee conformity, in the event that the goods cannot be accepted by the seller because they do not meet the requirements to exercise the rights referred to in the articles 6 and 7 above, it is the Customer's burden and responsibility to recover the goods placed at his disposal at his own expense. The Customer acknowledges and unconditionally accepts that Exagon, after 30 days from the communication of the availability of the Customer, can proceed with the disposal of the goods not collected by the Customer in accordance with the law.

ARTICLE 10 – Final clauses
The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the Customer sends the order, with the exclusion of any other condition or term.

Exagon reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded starting from that date.

The prices, the Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sale price.

These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 11 – Applicable law and competent court
These General Conditions of Sale are subject to Italian law. In any case, the rights that may be attributed to consumers by mandatory provisions of law in force in the country of the latter will remain unaffected.

Any dispute that does not find an amicable solution will be submitted to the non-exclusive jurisdiction of the Court of Reggio Emilia. Furthermore, as a consumer, the Customer has the right to appeal to the courts of the Member State of the European Union of residence or domicile.

Furthermore, the consumer can optionally resort to the mediation procedures pursuant to 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:

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