1. General Information
Scope of Application
The TERMS and the GENERAL SALES CONDITIONS contained herein are applied to all orders and product purchases (hereinafter: “Products”) that will be executed to any client(hereinafter: “Client”) resident in countries where the website https://www.fluendotennis.com (hereinafter: “Website”), managed by MONJOY SRLS con sede in Via XXV APRILE 1945 n° 10 40015 GALLIERA BOLOGNA ITALY (hereinafter: “MONJOY Srls) is/will be operating.
The Clients are compelled to carefully read the TERMS and GENERAL SALES CONDITIONS prior to submitting any purchase order.
By accepting the TERMS and GENERAL SALES CONDITIONS and submitting an order, the Clients acknowledge that:
- a) they have read, understood and thoroughly accepted the TERMS and GENERAL SALES CONDITIONS without reserves;
- b) they are end users, that the purchase of Products is intended to be for personal use only, and that the purchased products will not be resold on behalf of commercial activities or businesses of any kind whatsoever;
- c) they authorize MONJOY SRLS to store, process, use and transfer to domestic or foreign third parties the personal data contained in their purchase order with the purpose of fulfilling it;
MONJOY SRLS shall do its utmost in order to have accurate and updated information published on its websites. Nonetheless, it is not possible to provide guarantees in this regard.
The Clients acknowledge the fact that products may not thoroughly match the descriptions, specs, and/or pictures published on the website
The purchase agreement between MONJOY SRLS and the Clients is to be considered successfully completed upon dispatchment of a written confirmation to the Clients email addresses.
MONJOY SRLS. shall take into consideration possible requests of purchase order cancellation provided they have been submitted to MONJOY SRLS prior to order shipment.
MONJOY SRLS reserves the right to decrease, at its discretion, the number and quantity of products available to be purchased online via its website.
Price currency is shown in the cart webpage, while real prices are reported in the invoice. MONJOY SRLS shall do its utmost to make sure that accurate and up-to-date prices are published on its website.
Shipping and delivery costs may vary from Country to Country. The Clients will be charged such costs upon shipment of their order. Current shipping and delivery fares are shown in the dedicated website section.
The Clients shall pay upon receiving order shipment notification. Accepted payment options are PAYPAL, credit card or other options shown in the dedicated website section.
Products will be shipped and delivered to the shipping address provided by the Clients upon submitting the purchase order.
As a general rule, products will be delivered 30 days from date of receipt of MONJOY SRLS purchase order confirmation.
Delivery times may vary according to the Country of destination. In case delivery is delayed due to reasons for which MONJOY SRLS is not responsible, the Clients will be notified the new delivery date, as far as possible.
To its discretion, MONJOY SRLS. reserves the right to reject, suspend, or cancel delivery or fulfillment of any of the contract-related duties if alleged frauds, non-fulfillments, or violations have been carried out by the Clients with reference to previous orders and/or purchase agreements with MONJOY SRLS.
Depending on the Country of destination, in case the delivery needs customs clearance and the Clients no longer want to receive the shipment after it has reached customs, MONJOY SRLS shall not provide any refund. In this case, products will be left at the customs as abandoned goods.
3. Right of withdrawal
Based on European ruling laws, the Clients have the right to return the products purchased on http://www.fluendotennis.com without being compelled to provide justification. and no penalties shall be charged in this case.
Return deadline is 14 calendar days from date of delivery of the product.
Upon receipt of MONJOY SRLS products, the purchase agreement shall be considered cancelled to all intents and purposes. The related duties, rights, or claims of responsibility shall be repealed.
If returned products are damaged, MONJOY SRLS. will have the right to compensate such damages with the payment already submitted by the Clients.
In addition to the above, the right of withdrawal is subject to the following constraints:
within fourteen (14) consecutive calendar days from delivery date, Client will have to contact MONJOY SRLS by sending an email to firstname.lastname@example.org in order to obtain the autorization to proceed with the return (hereinafter “R.M.A”)
After having received by email the R.M.A. and after having carefully filled it in all its fields, products will have to be shipped to MONJOY SRLS at Client’s charge and risk, by means of a single shipment through courier or registered mail within two (2) days from the date of the R.M.A. receipt. Products shall be resent to the following address:
MONJOY SRLS – Via XXV APRILE 1945 n° 10 40015 GALLIERA BOLOGNA ITALY
In case the returning shipment fails to reach its factory, MONJOY SRLS. will ask the Clients to provide exhibits of shipment, specifically the document signed by the person within the Company who received the returning shipment. In case the Clients fail to provide such exhibits, MONJOY SRLS. will not allow any refund;
the returning products must be unused, unspoilt, and undamaged;
the product must be returned in its original packaging, and must be provided with its accessories and/or user manuals if originally included.
As soon as MONJOY SRLS is able to acknowledge the fact that return constraints have been respected, the Clients will be forwarded an email giving them confirmation of return acceptance. Contextually, the refund procedure will start. The MONJOY SRLS. commitment in this regard is to make sure that the Clients are refunded 30 days from date of refund request, regardless of the payment options the Clients selected upon payment.
Products refund will always be performed on behalf of the Clients who actually submitted the payment.
In case the abovementioned conditions are not respected, the Clients will not be refunded by MONJOY SRLS.
Nevertheless, Clients only right is to ask for products redelivery, at their own risk and at their expense.
If the Clients do not ask for products redelivery 30 days from date of receipt of MONJOY SRLS. notification, MONJOY SRLS. will have the right to retain both the products and the related amount.
4. Warranty and limited liability
MONJOY SRLS warranty is limited to possible evident manufacturing defects – except for every implicit limitless warranty involving product quality and appropriateness of use – and lasts for a period of twelve (12)months since product delivery.
Warranty only gives Clients the right to be refunded of faulty products, provided the defects are notified to MONJOY SRLS. two months from date of fault detection.
In addition to what above stated, the right to be refunded is subject to the following constraints, under pain of warranty expiration:
prior to shipping faulty products back to MONJOY SRLS, the Clients will have to contact MONJOY SRLS by sending an email to email@example.com
to obtain the authorization to render the faulty products;
The faulty products shall be returned to MONJOY SRLS at charge and risk of the Client, through a single shipment using a courier or registered mail within two (2) days form the date of receipt of the R.M.A. Products shall be resent to the following address:
MONJOY SRLS – Via XXV APRILE 1945 n° 10 40015 GALLIERA BOLOGNA ITALY
In case the returning shipment fails to reach its factory, MONJOY SRLS. will ask the Clients to provide exhibits of shipment, specifically the document signed by the person within the Company who received the returning shipment. In case the Clients fail to provide such exhibits, MONJOY SRLS. will not allow any refund.
Once the faulty status has been verified and confirmed, MONJOY SRLS. will email the Clients, giving them confirmation of return acceptance; contextually, the refund procedure will be applied. Payment refund will be performed 30 days from date of receipt of confirmation, regardless of the payment options the Clients selected upon payment. Again, products refund will always be performed on behalf of the Clients who actually submitted the payment.
Except for the abovementioned warranty, MONJOY SRLS does not acknowledge any other contractual or extracontractual responsibility towards the Clients, within the limits of applicable regulations.
MONJOY SRLS maximum aggregate liability can under no circumstance exceed the amount paid by the Clients to purchase the products.
5. General provisions
Provided one or multiple provisions contained in the TERMS and GENERAL SALES CONDITIONS herein became void, dissolvable, illegal, or ineffective, the TERMS and GENERAL SALES CONDITIONS could not be considered thoroughly ineffective.
The void, dissolvable, illegal, or ineffective provisions would in this case be taken over by comparable and valid provisions, which would take into account the intentions and contents of the discarded ones, according to existing regulations.
The TERMS and GENERAL SALES CONDITIONS herein are subject to the Italian substantive law (except for the Italian legislation ruling International private law and treaties, and for the United Nations Convention on Contracts for the International Sale of Goods). For any dispute that might arise, jurisdiction of the Court of Bologna(Italy) will be in forceì