Tecnoteam Fishing Group S.r.l. (tax code 01649170436), with registered office in Potenza Picena (MC), L.go Toscana, 12 (hereinafter TFG only), manufactures, markets and distributes in Italy and Europe, excluding France and Belgium, baits and pasture for sport fishing (hereinafter Product / s) through the e-commerce portal reachable starting from the Website www.leonbait.com (all, hereinafter “Site”).
These General Conditions of Sale (hereinafter the General Conditions), govern the purchase of the Products, made remotely via the Site or by telephone, pursuant to articles 45 and following of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) in the case of Consumers, as defined by the Consumer Code (i.e. the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to the entrepreneurial, commercial, professional or artisan activity possibly carried out), or, alternatively, in the event that the buyer does not qualify as a Consumer, the General Conditions govern a sales contract pursuant to art. 1470 et seq. cc with the exclusion of the clauses provided for the Consumer.
The clauses of these General Conditions that refer to Consumers will apply exclusively to the latter, in particular all the rules provided for in art. 49 and following of the Consumer Code, in addition to those protections mandatorily provided for by the same Code or by other current legal provisions.
These purchases are reserved for users of the Site, Consumers or non-Consumers, over the age of 18, who have full capacity to conclude a sales contract, who intend to make use of the services of selling the Products (hereinafter Customer).
The Customer is required to inquire and read these General Conditions before completing the purchase on the Site. Such information, in fact, is to be understood as read, understood and fully accepted by the Customer when sending the purchase proposal. The acceptance of these General Conditions will take place by affixing a flag in the indicated box.
The General Conditions in force on the date of completion of the purchase will apply to every single purchase made through the site. In the Acceptance Mail, the Customer will also receive instructions on how to download and archive a copy of the General Conditions in force on the date of the order, as required by art. 51, paragraph 1, of the Consumer Code.The Customer must therefore comply with these General Conditions and consider T.F.G. exempted from any conditions other than those in force not agreed in advance in writing
1. Proposal to purchase and finalize the Contract
e of the Products described on the Site and will be concluded between the Customer and T.F.G ..
The publication of the Products on the Site constitutes an invitation to users of the Site to make a purchase proposal according to the procedure described below, but does not constitute an offer to the public, pursuant to art. 1336 of the Italian Civil Code, remaining in the full and exclusive discretion of T.F.G. decide whether or not to accept the purchase proposal made by the Customer.
To make a purchase proposal (or “purchase order” or “order”), the Customer must first register on the Site by filling in an electronic format and sending his personal data, which guarantees the truthfulness and availability . The data provided will be processed in compliance with the Privacy legislation to which you are referred by clicking HERE.
The registration procedure can also be performed during the purchase procedure.
The credentials of the account thus created are confidential, must be kept by the customer and must not be disclosed to third parties.
Once registered on the site, the customer can formulate the purchase proposal by selecting one or more products from the site that he intends to purchase and inserting them in the so-called “Virtual shopping cart”, or continue with the purchase procedure already started. The customer can always view the contents of the cart before proceeding with the sending of the purchase proposal.
By continuing with the purchase procedure, the Customer will have the opportunity to modify the purchase proposal.
When the customer believes he wants to send the final purchase proposal, he must click on the “place order” button. From that moment the purchase proposal can no longer be changed. This operation constitutes the sending of the purchase proposal by the Customer to T.F.G. and, with it, the Customer acknowledges and declares to have read the General Conditions in force at the time of sending and to accept the content in full and undertakes to pay the amount due.
The purchase order sent in this way will be filed in the database used by T.F.G. for the period of time necessary to process orders and will be kept for the period of time necessary to protect the rights of T.F.G. in the event of disputes received by the Customer and, in any case, for the fulfillment of legal obligations.
The Customer will automatically receive written confirmation by e-mail that the order has been taken over. This email does not constitute acceptance of the Customer’s proposal. This email will contain the summary of the Product ordered, the amount to be paid in case of acceptance, with the detail of the Product price and the shipping costs charged to the Customer, as well as the times and methods of delivery and return of the goods. and references to present any complaints or receive information on existing commercial guarantees.
From that moment T.F.G. will perform the process of verifying the data and availability of the ordered Product. The sales contract with T.F.G. will end only when a separate e-mail of acceptance of your purchase proposal (e-mail of taking charge of the order) or of shipment of the Product has been sent to the Customer and which will also contain information relating to the shipment of the product and on the expected delivery date (Acceptance Mail).
It is possible that the Customer receives both the order acceptance email and the product shipping email, in which case the acceptance email will constitute the Acceptance Mail.
The Customer can cancel the order only before having received the Acceptance Mail, provided that the Product has not already been prepared for the shipping process. Only in this case no cost will be charged to the Customer. However, for the Consumer Customer, the right of withdrawal is subject to the terms and conditions set forth in the following art. 10 (Right of Withdrawal – Consumer Customer).
Acceptance of the purchase proposal is left to the discretion of T.F.G. will notify the Customer directly of the impossibility of accepting the purchase proposal sent.
Failure to accept the purchase order
Failure to accept the order does not imply any liability for T.F.G., for any reason. It is understood that, in the event of non-acceptance of the purchase proposal T.F.G. will reimburse the Customer the amounts already paid by them within the maximum period of 14 days from the sending of the purchase proposal. Refunds will be made with the same payment method provided for the purchase.
In any case, the contract, even if completed, will not produce effects until the amount that the customer must pay as consideration for the purchase proposal is in full availability of the T.F.G ..
2. Description of the Products
The Products on the Site are described and presented by T.F.G. as well as possible. Nevertheless, the images present are to be considered merely representative of the Product which may also be sold with a package other than that presented, but the content, that is the Product, will be equivalent. In any case, some errors, inaccuracies or small differences between the product shown on the Site and the actual product may be highlighted.
3. Unavailability of the Products
The items on the Site can be purchased, while stocks last.
All products are subject to availability at the moment.
T.F.G. reserves the right to change the limits on the quantity and / or type of goods that can be purchased from the Site at any time.
T.F.G. keeps the databases of the Products on the Site up-to-date and synchronized but, despite this, it is possible that a Product that is actually available is not. In this case, the Customer will be promptly informed of the unavailability of the Product and any sums paid will be re-credited as soon as possible and in any case within 14 days of sending the purchase proposal. Refunds will be made with the same payment method provided for the purchase.
In the event that even only part of the ordered Products is unavailable, T.F.G. will notify the Customer as soon as possible and in any case within 30 days from the acceptance of the purchase proposal, in order to verify the acceptance of a partial order.
If T.F.G. is unable to contact the customer, the order will be totally canceled.
In any case, sums eventually paid in excess will be re-credited as soon as possible and in any case within 14 days from the sending of the purchase proposal. Refunds will be made with the same payment method provided for the purchase.
4. Product prices, shipping costs and other charges.
The prices of the Products published on the Site are expressed in Euros (€) and are inclusive of VAT, but do not include any taxes, duties and taxes applicable in the country of destination of the Products, which will be charged to the Customer, unless expressly stated otherwise.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the payment is made.
The total amount that the Customer must pay, including the price of the Products, shipping, delivery or postal costs, taxes or other charges relating to the purchase proposal will be indicated before the Customer submits the purchase order. In any case, if particular charges cannot be calculated in advance (customs charges, extra-national shipping costs) they will still be charged to the consumer.
T.F.G. it is free to change the prices of the Products published on the Site at any time. Any changes to the prices of Products will not, however, be effective for Customers who have already sent the purchase proposal for those specific Products.
T.F.G. constantly checks that all the prices indicated on the Site are correct, without however guaranteeing the absence of errors. In the event that an error is found on the price of a Product, T.F.G. will give the Customer the opportunity to reconfirm the purchase of the Products at the correct price or to cancel it. In this case, it is understood that, in case of cancellation of the order T.F.G. will refund the Customer the sums already paid by the customer within the maximum period of 14 days from the cancellation of the order. Refunds will be made with the same payment method provided for the purchase.
If T.F.G. is unable to contact the customer, the order will be canceled. T.F.G. it is not obliged to accept the Customer’s order and, therefore, sell the Product at the wrong price if the error was known to the Customer using ordinary diligence.
T.F.G. reserves the right to create special sales conditions or promotions on the Products on its Site. The conditions applied to the promotions will be governed from time to time by T.F.G. by means of specific communications to its Customers. Although not otherwise regulated, these General Conditions will be considered applicable.
For each order placed on the Site, T.F.G. issues a receipt for the goods shipped, sending it to the order holder. For the issuance of the receipt, the information provided by the Customer at the time of the order is authentic. No change to the receipt will be possible after it has been issued.
If the Customer makes an express request for the issue of the invoice, the same will be issued at the end of the month in which the order was accepted, provided that the Customer has provided their personal details.
5. Method of Payment
The Customer can pay the price of the Products and the related delivery costs only by credit card, bank transfer, cash on delivery or PayPal.
The Products subject to a single order cannot be delivered to different addresses and / or paid for with different payment methods.
Payment with Paypal.
If the Customer chooses Paypal as the payment method, the actual charge will be made at the time of sending by T.F.G. of the Acceptance Mail and the payment will be managed according to the conditions found on the website www.paypal.com.
Payment by credit card
If the customer chooses the credit card as the payment method, he will have to click on the “Paypal” button regardless of whether he has a Paypal account and this is because the credit card transaction will take place exclusively through the service managed by Paypal and the actual charge. in this case, it will take place at the time of dispatch by TFG of the Acceptance Mail and the payment will be managed according to the conditions found on the website www.paypal.com.
For this reason, in no case and in any phase of the transaction T.F.G. will be able to know the information relating to the customer’s credit card, transmitted through the service made available by Paypal which will interface directly with the bank that manages the transaction. No T.F.G. will therefore retain these data and therefore T.F.G. cannot be held responsible for any fraudulent and undue use of credit cards by third parties at the time of payment.
Cash on delivery (valid only for Italy).
If the customer chooses the cash on delivery method, an additional cost will be applied which will be reported to the customer before concluding the order. In this case, the Customer will have to pay the full amount due to the courier upon delivery of the Product.
Payment by bank transfer:
If the customer chooses the bank transfer as the payment method, once the order has been sent, payment must be made within 3 days from the date the order is sent. The bank details of T.F.G. will be sent via the order confirmation email.
The order reference number, issued at the time of purchase, the customer’s name and surname must be indicated in the bank transfer reason.
The shipment of the Product will be made as soon as the payment has been credited (more or less 3-4 working days have passed since the crediting of the reclaimed sum) and in any case no later than 7 working days from the accreditation.
In case of late payment T.F.G. will also be free to process the order.
In case of non-payment, the order will be definitively canceled and if by hypothesis the Customer has made the payment despite the cancellation of the order, the sums eventually paid in excess will be re-credited in the shortest possible time and in any case within 14 days from crediting. of the sums. Refunds will be made with the same payment method provided for the purchase.
T.F.G. is not liable for malfunctions dependent on the operator of the data transmission network or services managed by third parties.
7. Mode of transport and delivery
All purchases will be shipped by courier chosen by TFG. The goods will be delivered in 10-15 working days (from the day of dispatch) as regards shipments in Italy, for shipments abroad delivery times vary by country target.
The Products will normally be delivered within 30 days of acceptance of the order, as regards shipments to Italy, for shipments abroad delivery times vary according to the country of destination.
In the event that the Customer places multiple orders of the Products, where possible T.F.G. will deliver all available Products ordered the same day by charging a single shipping fee. Therefore it is possible that the shipment of a single Product may be delayed.
As the delivery address of the purchased Products, the Customer can choose his residence or domicile, his workplace, or the private address of a natural person of his choice or in charge of receiving.
For security reasons, no box deliveries will be made.
Orders will be processed and delivered from Monday to Friday, excluding Saturdays, holidays and national holidays
8. Product disputes
Upon delivery of the goods by the courier, the customer is required to check:
that the number of packages delivered corresponds to what is indicated in the transport document (DDT);
(ii) that the packaging is intact, not damaged, wet or in any way altered, including in the closing materials;
Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately contested, placing a written control reservation on the proof of delivery of the Courier. Once the Courier’s document has been signed, the Customer cannot make any objection regarding the external characteristics of what has been delivered.
9. Transfer of Risk to the Customer
In the case of a consumer customer, pursuant to art. 63 of the Consumer Code, the risk of loss or damage to the Products is transferred to the consumer customer or a third party designated by him when the latter, after delivery, physically enters into possession of the goods.
In the case of a non-consumer customer, the risk of loss or damage to the products is transferred to the non-consumer customer with the delivery of the product by T.F.G. to the carrier for shipping (FCA – Potenza Picena – MC).
T.F.G. will not be held responsible for delays or non-delivery of all or part of the Products if it has promptly communicated the unavailability of the Products to the Customer.
10. Unavailability of the Products or impossibility of delivery
In the event of unavailability of the Products or part of them, even temporarily, or in the event that T.F.G. T.F.G. is unable to deliver the Products. will promptly notify the Customer, and in any case not later than 30 (thirty) days, by e-mail. In such cases, any sums paid in excess will be re-credited as soon as possible and in any case within 14 days of sending the purchase proposal. Refunds will be made with the same payment method provided for the purchase.
Once the refund has been made, no liability can be attributed to T.F.G. for the non-delivery of the Products.
T.F.G. it is not responsible even for unpredictable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days from the day following that in which the Customer has sent the order to TFG.
If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the parties will have the right to withdraw from the contract. In this case, the Customer will not be entitled to any compensation or compensation in any capacity, without prejudice to the right to be refunded of what has already been paid as a price for the Product.
11. Return Policy – Consumer Customer
Times and methods of exercising the right of withdrawal
Pursuant to and for the purposes of articles. 52 and following of the Consumer Code, the Consumer Customer is notified of the right granted by the law to freely exercise the right of withdrawal within 14 days of delivery to the consumer or to a third party authorized by the consumer of the Product (or of the last of the Products in the case of a single order for multiple Products).
For the purpose of the correct and timely exercise of the right of withdrawal, the Consumer must send within the 14 day period above, his express declaration of intention to withdraw or to the email address email@example.com or by registered mail sent to the address L.go Toscana, 12 – 62018 – Potenza Picena (MC).
The Customer must enter the following data in his withdrawal notice: Name, Surname, the number of the order for which he intends to exercise the right of withdrawal.
The withdrawal can also be made through the link.
The customer can use the following form:
Tecnoteam Fishing Group S.r.l.
L.go Toscana, 12
62018 Potenza Picena (MC)
Subject: exercise of the right of withdrawal pursuant to art. 52 and following Consumer Code.
Hereby, the undersigned … (*) exercise the right of withdrawal from order no. … done on …
Date and signature
The right of withdrawal can also be exercised only for one of the ordered Products. In this case, the shipping costs will not be refunded and it must be specified in the form that “the withdrawal is exercised exclusively with reference to the following products …”.
The Customer must return the goods within a maximum of 14 days from the date on which he sent the withdrawal notice to T.F.G. (DDP – T.F.G. headquarters, Potenza Picena MC).
Products purchased online or by phone or email cannot be refunded or returned to physical stores, unless otherwise expressly agreed in writing by T.F.G ..
It is recommended to send the Products to be returned using an insured courier to trace the shipment.
The returned Products must be shipped in their original packaging or, if damaged, in an equivalent size and resistance package, with the purchase receipt attached.
The delivery costs for returning the Products are charged to the Customer; any cost incurred by the Customer for the Return of purchased items will not be accepted without the above procedure being followed.
Reimbursement of sums
In case of exercise of the right of withdrawal, T.F.G. will undertake to reimburse the sums to the Customer within 14 days from the date on which he received the communication of withdrawal from the Customer. In any case, T.F.G. may suspend the refund until it has received the goods sent back by the withdrawing Customer or until the consumer has demonstrated that he has sent the goods back within the terms.
Refunds will be made with the same payment method provided for the purchase.
12. Customer liability for damaged products
The Consumer Customer has the right to withdraw from the contract on condition that the Product is returned substantially intact and with the original packaging and in any case such as not to affect the conservation of the Product, in particular it must be sealed. The Customer is responsible for the decrease in value of the Products resulting from a manipulation of the same different from that necessary to establish the nature, characteristics and functioning. If the Products have decreased their T.F.G. reserves the right to refuse the return of those Products.
In this case, T.F.G. will communicate it to the Customer, who can, at his own expense, receive the same Products delivered to T.F.G ..
T.F.G. will not be responsible for the refund or compensation of those products sent back that have been lost, that have been stolen or damaged.
In the event that a Product is returned because it does not comply with the requirements or for a request for replacement or exchange, the return costs will be borne by the customer. In other cases, once T.F.G. will have accepted the return, the costs of returning the Product will instead be borne by T.F.G. FOR SHIPMENTS IN ITALY ONLY. For shipments abroad the costs of returning the Product are charged to the customer.
13. Errors and inaccuracies
T.F.G. aims to provide constantly updated information on the Site.
However, it is not possible to guarantee that the Site is completely free of any errors. The Site may contain typing errors, errors, inaccuracies or omissions, some of which may refer to the price and availability of the Product or to the product information sheet.
T.F.G. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also reserves the right to change or update information at any time without prior notice.
14. Guarantee of product conformity
All Products that fall into the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Site covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for the Consumer Customer. In this case, the lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to restore the conformity of the goods, without charge. To this end, the customer can normally choose between repairing the product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. Furthermore, the Customer has the right to an adequate price reduction or to termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) T.F.G. did not repair or replace within a reasonable time; iii) replacement or repair has caused significant inconvenience to the consumer.
If the Customer intends to take advantage of the remedies provided by the legal guarantee that accompanies the Products, he must contact the Owner at the email address firstname.lastname@example.org. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Customer the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.
On the other hand, those who have purchased on the Site and who do not qualify as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided by the civil code with the relative terms. , forfeiture and limitations (articles 1490 and following of the civil code).
15. Modification of the General Conditions
The T.F.G. may assign all or part of the rights and obligations deriving from this Agreement to third parties.
16. Replacement clause
These General Conditions of Use are regulated and must be interpreted according to Italian law.
Any dispute concerning these General Conditions or the purchase of the Products or, in general, the User’s activity carried out through the Site, if they involve T.F.G., will be reserved to the exclusive jurisdiction of the Court of Macerata.
17. Replacement clause – partial nullity
If any clause of this contract should be or become wholly or in part null and / or ineffective, it will be considered to have no effect, or will be modified to the extent that it is consistent with the provisions of the law or in any case in accordance with the will of the Parties, without prejudice to the validity of any other clause of this contract.
For further information and assistance on the Site or on the online purchase methods, please contact us at the following e-mail address: email@example.com or at the following telephone number: +39 345-4948164.
General Conditions updated on 03.02.20