Terms of service

General terms and conditions of sale

1. What do these general terms and conditions of sale govern?

These general terms and conditions of sale govern the relationship between Board Sports Srl, with registered office in Via Archimede 96, 20129 Milan (MI), Italy, VAT number 12296840965 (hereinafter “Board Sports”), and the buyer (hereinafter “Customer”) of a product on the website www.balanceboard.pro (hereinafter “the Website”).

Board Sports Srl is the owner of the Balance Board Pro brand, made in Italy ®.

2. How and when the contract of sale is concluded

The Customer who intends to purchase the products on the Website:

a. shall select the products one at a time or choose a kit of several products and add them to the cart;

b. accesses a summary page including the selected products, their price, delivery times and costs;

c. places the order using the appropriate button.

The order placed by the Customer to Board Sports through the Website constitutes a contract proposal.

The contract of sale is deemed to be concluded when Board Sports sends an order confirmation e-mail to the Customer.

The e-mail contains the Customer’s data, the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link through which you can print and keep a copy of these conditions.

The Customer undertakes to verify the correctness of the personal data contained in the order confirmation e-mail and to immediately notify Board Sports of any corrections.

3. Who can buy on the website

Only individuals who are at least 18 years old are allowed to purchase the products on the Website.

When purchasing products, the Customer is required to provide truthful, correct, and complete information.

The Customer is also required to immediately notify Board Sports of any changes in the data provided.

The Customer agrees to indemnify and hold Board Sports harmless from any obligation for compensation and/or penalty in any way related to a failure to comply with these rules concerning the provision and disclosure of their data, except in the case of Board Sports fraud or gross negligence.

Board Sports reserves the right not to sell the product to Customers who are domiciled or resident in non-EU countries.

4. Products availability

The products on the Website are available in limited quantities.

Due to the simultaneous presence of multiple users on the Website, the products may be sold to other customers before the Customer receives confirmation of their order.

For this reason, once the order has been received, Board Sports will notify the Customer via e-mail if some of the products ordered are not available.

5. Product information

Board Sports tries to describe and illustrate the items sold on the Website as accurately as possible.

However, it cannot guarantee that the details of the images on the Website completely match (100%) those of the actual product. Sometimes slight differences are also possible depending on the Internet browser and monitor used by the Customer and especially on the artisan nature of the products sold: each product is a unique product, different from the other.

When purchasing the product, the Customer declares to be aware of the artisan nature of the products purchased.

In the event of a difference between the image and the written description of the product, the written description always prevails.

Board Sports invites you to carefully read the information regarding each product, in particular the Balance Board Pro.

The Customer must read the Balance Board Pro instructions before using it. These instructions are provided in the package and also cover the safety and precautionary measures to be taken when using the product.

The Customer undertakes to follow these instructions.

6. Responsibility

The Customer is aware that using the Balance Board Pro can be dangerous and that they are required:

not to alter the Balance Board Pro in any way;
not to use a Balance Board Pro that has been altered in any way or is found to be defective;
not to use the Balance Board Pro for purposes other than those for which the Balance Board Pro was built.

The Customer shall be held fully liable for damages of any kind resulting from an inappropriate, incorrect or in any case different use of the Balance Board Pro from the instructions received, except in the case of Board Sports fraud or gross negligence.

In case Board Sports fails to execute the order within the time stipulated in the contract, it shall not be deemed liable for any kind of inefficiency due to force majeure or fortuitous event, even if this depended on malfunctions and Internet network inefficiencies.

Board Sports is not liable in the event of damages, of any nature, resulting from the improper use of the product by the Customer.

Board Sports, except in cases of fraud or gross negligence, is solely responsible for the damage that is a direct and immediate consequence of its non-fulfilment concerning what these conditions of sale establish and that was foreseeable at the time of the conclusion of the contract of sale.

7. Product prices

All prices on the Website include VAT.

It may happen, despite Board Sports making every effort to avoid it, that the price on the Website for a product is mistakenly different from the real one.

When Board Sports verifies the order received, it also checks whether the prices of the products are correct.

If the price indicated on the Website is lower than the correct sale price of a product, Board Sports shall contact the Customer to verify their intention of purchasing the product at the correct price. If the Customer does not intend to purchase it at the correct price, Board Sports will not be able to accept the order.

If the correct price of a product is lower than that indicated on the Website, Board Sports shall charge the Customer the correct lower price only and ship the product anyway.

8. Payment

Payment may be made through the payment systems indicated on the Website, including PayPal, credit cards, Apple Pay, and bank transfer.

If the Customer pays via PayPal, the amount of the order will be debited on the PayPal account at the time the order is received.

If the Customer pays by credit card, the amount of the order is debited at the time the order is received.

If the Customer pays by bank transfer, Board Sports will execute the order only after the effective credit of the amount to the Board Sports current account. Therefore, the delivery term of the Products shall start from the date of credit.
This credit must take place within two working days from the date of acceptance of the order, after which the order is considered automatically cancelled.

9. Products delivery

The products will be delivered by express courier to the address indicated by the Customer at the time of the order, within the deadline specified in the order confirmation e-mail sent by Board Sports and in any case within 30 days from the date the Customer received the order confirmation e-mail.

Shipping costs are charged to the Customer, if specified, and are in any case indicated before the Customer places the order and in the order confirmation e-mail.

For shipments outside Italy, any import or customs duties of any kind are charged to the Customer.

10. Customs Duties and VAT for Non-EU Shipments

For shipments to countries outside the European Union, unless otherwise agreed in writing, sales are made under the DAP (Delivered At Place) Incoterm.

This means that any customs duties, local taxes, import VAT, clearance fees, or other fiscal or administrative charges required by the destination country's authorities are the sole responsibility of the customer.

The customer agrees to pay these charges directly to the carrier or customs authorities, as necessary, in order to release and receive the goods.

11. Products guarantee

The products sold by Board Sports are covered by the legal guarantee of conformity.

If the Customer receives products that do not comply with the contract of sale, they have the right to request, at no cost, the repair or replacement of the product within the limits and under the conditions provided by law.

If the Customer qualifies as a “Consumer”, the right to guarantee of conformity can be exercised if the lack of conformity occurs within 1 year of delivery of the goods.

According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a “consumer” is the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

If the Customer qualifies as a “professional”, the right to guarantee of conformity can be exercised if the lack of conformity occurs within 6 months of delivery of the goods.

According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a “professional” is the natural or legal person acting in the exercise of his own entrepreneurial, commercial, craft or professional activity, or an intermediary.

Any failure or malfunction of the product, resulting from the Customer having altered the product or used it in a way that does not comply with the instructions for use attached to the product, is excluded from the scope of the guarantee.

12. Right of withdrawal

The Customer is entitled to withdraw from the contract of sale concluded with Board Sports within 30 days from product receipt and without giving any reason.

The Customer may exercise the right of withdrawal by sending the withdrawal request to Board Sports and filling in this form.

Once this decision has been communicated to Board Sports, the Customer must return the purchased product within 14 days. ù

The product must be returned to this address: Board Sports Srl, viale Vittorio Veneto, 24, 20124 Milan (MI) – Italy.

The costs for returning the product are borne by Board Sports in the case of a defective and/or non-functioning product, except for those due to the storage of the product for reasons attributable to the Customer.

Within 14 days from the day in which Board Sports became aware of the decision to withdraw, Board Sports will refund the amount paid by the Customer, including any shipping costs incurred by the Customer when purchasing the product and excluding the reimbursement of any additional delivery costs.

Board Sports shall refund the amount using the same payment method chosen by the Customer during the purchase unless otherwise requested by the Customer.

In any case, Board Sports may suspend the reimbursement until the moment in which it receives the product or until the Customer proves with suitable documentation that they have returned the goods to Board Sports.

12.1 Exclusion of the Right of Withdrawal (B2B)

The parties acknowledge that this agreement is entered into between professionals and/or businesses in the context of their respective economic activities and that, therefore, the right of withdrawal provided for by the Italian Consumer Code (Legislative Decree No. 206/2005) does not apply.

The Purchaser declares that he acts for purposes related to his entrepreneurial, commercial, artisanal or professional activity, pursuant to Article 3, paragraph 1, letter (c) of Legislative Decree 206/2005.

Consequently, the Purchaser may not withdraw from the contract or return the purchased goods, unless otherwise agreed in writing between the parties.

Any returns or replacements shall be accepted only upon prior written authorization from the Seller and according to the conditions established by the Seller.

12.2 Exclusion of the Right of Withdrawal for Digital Content (Art. 59, letter (o))

The Customer acknowledges that some products sold on the Website may consist of digital content supplied by electronic means, including streaming-only digital courses, and not provided on a tangible medium.

In accordance with Article 59, letter (o) of the EU Consumer Rights Directive (2011/83/EU) and the corresponding provisions of applicable consumer protection laws, the right of withdrawal does not apply to the supply of such digital content after the performance has begun, provided that:

a. the Customer has expressly requested the immediate supply of the digital content; and
b. the Customer has acknowledged that they will thereby lose the right of withdrawal.

For digital courses made available in streaming and without physical support, the Customer is required, before placing the order, to provide such express request and acknowledgement by selecting the specific mandatory checkbox displayed during the purchase process.

The Customer’s acceptance is recorded, together with the related date and time (timestamp), and is associated with the order for evidentiary purposes.

13. Abandoned cart recovery

If you enter your email address during the checkout process but do not complete your order, we may send you a reminder to help you complete your purchase.
If you have not provided marketing consent, you will receive a single email, free of promotional content, sent on the basis of our legitimate interest (art. 6, par. 1, lett. f GDPR).

On the other hand, if you have provided marketing consent, we may send you additional content-related communications.

14. Applicable law and jurisdiction

These General terms and conditions of sale are governed by Italian law.

The Customer who qualifies as a consumer, according to art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005), may try to resolve any dispute relating to the purchase made on the Website through the ODR (Online Dispute Resolution) platform, created and managed by the European Union.

The Customer can access the ODR platform from this link: http://ec.europa.eu/consumers/odr

Any dispute regarding these General terms and conditions of sale, if not settled amicably, shall be submitted to the exclusive jurisdiction of the judge of the Customer (qualifying as a “consumer”) place of residence or domicile.

In the event of a dispute, if the Customer does not qualify as a “consumer” the competent court is the Court of Milan.

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