1. Scope of application
1.1 These general terms and conditions ("General Terms and Conditions") govern the business relation between F.C. Internazionale Milano S.p.A., registered office based in Milan (MI), Viale della Liberazione no. 16/18, tax code and registration with the Register of Companies of Milan no. 80066310154, VAT no. 04231750151 (the "Vendor") and the client, natural person, acting for purposes unrelated to any entrepreneurial, business, craft or professional activity conducted (the "Client") in relation to purchases made by the latter on the channels listed in paragraph 1.2, with the express exclusion of any purchases made by any professional (as defined pursuant to Article 3(1)(c) of Legislative Decree 206/2005.
1.2 These General Terms and Conditions shall apply to purchases made by the Client through the following channels:
(a) the website of the Vendor’s online store, at the URL store.inter.it; and
(b) the application for mobile devices known as the Inter Official App (downloadable for free from the portals known as 'App Store', for devices with an iOS operating system, and 'Google Play' for devices with an Android operating system).
(together, the “Sales Channels”),
always limited to purchases to be shipped within the territory of the Italian Republic (the terms and conditions applicable to purchases to be shipped to locations abroad are set forth under paragraph 1.3) below).
1.3 These General Terms and Conditions shall not apply to any purchase to be shipped to locations outside the territory of the Italian Republic. In such cases, the relevant contractual relations shall be entered into and managed directly by the consumers with third parties, without involving the Vendor in such contractual relationships.
1.4 These General Terms and Conditions may be amended at any time. Any amendment and/or new term and condition shall enter into force when published in the Sales Channels, indicating the date on which they were updated, in order to allow consumers to read them before making any purchase. The terms and conditions applicable to each purchase made on the Sales channels are those in force on the date on which the Order Offer (as defined under paragraph 2.1) is submitted by the Client, pursuant to Article 2 below.
1.5 The Client may view these General Terms and Conditions during the order process at the Sales Channels. The General Terms and Conditions may be downloaded and saved by the Client on their computer and/or device, printed and will always be made available to the Client (e.g., via e-mail with an appropriate link) at the time of Order Receipt (as defined in paragraph 2.2) performed by the Client at Sales Channels.
1.6 At the time of purchase, the Client expressly declares that they are of age.
2. Processing and handling orders
2.1 The Client may select products from the Sales Channels and add them to the shopping cart. The content of the shopping cart contains a summary of the main characteristics of the selected product(s) and an indication of the total price due, including shipping costs, estimated delivery time and applicable taxes. The Client shall be able to view and modify the contents of the shopping cart up to the moment of sending the Order Offer. Once the required details have been entered (such as, for example, contact details, shipping details, payment method, etc.), the Client will be directed to the payment page, where they must indicate the payment details of the products placed in the cart. By forwarding the Order Offer to the Vendor, which shall be understood as an irrevocable purchase order (pursuant to Article 1329 of the Italian Civil Code) addressed to the Vendor for the products listed, each one individually considered, together with the shipping and payment methods selected, the Client shall confirm that they are obliged to pay the corresponding amounts (the "Order Offer”).
2.2 Upon receipt of the Order Offer, the Vendor shall automatically send an order acceptance message to the Client (the "Order Receipt"). The Order Receipt does not constitute acceptance of the Client's purchase proposal. By sending the Order Receipt, the Vendor merely confirms that it has received the order and that the procedure for placing the Order Offer has been correctly completed.
2.3 After checking the availability of the goods and handing them over to the courier, the Vendor will send a separate email to the Client ("Shipment Confirmation"), containing information on the shipment of the product and the approximate date of delivery, which can be monitored via a special link. In the event that the Client's order is processed through multiple shipments, the Vendor may send several separate Shipment Confirmations.
2.4 If one or more of the products comprising the Order Offer is unavailable, the Shipment Confirmation will be sent to the Client only in respect of the available products. If the Order Offer is accepted for only some of the products, any pre-authorised or overpaid amounts will be credited back to the Client as soon as possible. Refunds will be made using the same payment method as for the purchase.
2.5 The order process and the sale contract with the Vendor (the "Order") shall be considered concluded at the earlier of: (i) the moment when the payment service provider, on behalf of the Vendor, charges the price to the Client through the chosen payment method (not taking into account pre-authorisations for this purpose); or (ii) the moment when the Vendor proceeds to dispatch the products and sends the Shipment Confirmation to the Client. In either case, the Order shall be deemed completed only with respect to the products listed in the Shipment Confirmation itself, for which the Vendor shall have charged the Client the relevant purchase price.
2.6 The above is without prejudice to the Vendor's right to impose purchase restrictions in relation to certain products (such as, for example, celebratory products or products sold in limited editions), in terms of quantities that can be purchased and/or means of payment available. All Orders placed on the Site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single Order, and in the event of multiple Orders for the same product, even if each Order includes a quantity of products corresponding to normal consumption needs. Any Order Offers entered into the system outside these limits may be cancelled by the Vendor at any time.
2.7 The contract is drafted and concluded in Italian or English. The Vendor will keep a copy of the text of the contract (including the Order, the General Terms and Conditions, the Shipment Confirmation, the shipment details) and will send it to the Client by e-mail. If the Client is registered with the Sales Channels, they may check the status of the Order by accessing their personal area.
2.8 Regarding the Order invoicing, the Client shall request the issue of an invoice prior to pre-authorisation of payment, depending on the payment method selected, pursuant to Article 22 of Presidential Decree 633/1972.
3. Delivery, delivery time, product availability
3.1 Unless otherwise provided for, the products will be delivered to the Client at the delivery address indicated by the Client to the Vendor at the time of the Order.
3.2 Delivery shall take place in accordance with the terms set forth under Article 61(1), of Legislative Decree 206/2005. Should the Vendor fail to comply with this term, the provisions of the third paragraph of the same Article shall apply.
3.3 Further information on shipping options, couriers and the delivery procedure is available in the Sales Channels.
4. Delivery prices and costs
4.1 All prices quoted on the Sales Channels are inclusive of the applicable VAT in accordance with the law.
4.2 Unless otherwise specified, the Client shall bear the shipping costs and/or any other costs, including any customs duties and/or additional sales taxes. The Vendor shall disclose such expenses/costs to the Client before the contract is concluded by means of a specific notice in the Sales Channels or, at the latest, as soon as the Vendor becomes aware of them.
5.1 The Vendor will only accept the payment methods indicated during the Order Offer procedure by the Client, as set forth under paragraphs 2.6 and 5.2.
5.2 The Vendor shall hold the right to exclude certain payment methods.
5.3 If the Client selects "credit card" or "PayPal" as payment method, the amount of the purchase will be charged to the Client's credit card or PayPal account only at the time of the Shipment Confirmation. In order to complete the Order Offer, the Client will be directed, if necessary, following the payment method chosen by the Client, to the website of the authorised payment service provider and thereafter - following operational checks by the Client and/or the service provider - the Client will be redirected to the Sales Channel.
6. Transfer of ownership and risk
The Vendor shall hold the ownership of the products referred to in the Order until the Client pays the purchase price in full. Regarding the risk relating to the loss of or damage to the goods, for causes not attributable to the Vendor, Article 63 of Legislative Decree 206/2005 shall apply.
7. Termination right
7.1 With the exception of the provisions set forth under Article 9 below, the Client may exercise its right of termination pursuant to Article 52 of Legislative Decree 206/2005, without providing any reason justifying such termination and without any penalty, within 30 (thirty) days, starting from the day the Client or a third party designated by the Client and other than the courier acquires physical possession of the last product, lot or multiple piece included in the Shipment Confirmation.
7.2 To exercise the right of termination, the Client shall communicate its decision to terminate the contract by means of an express and unequivocal declaration to be sent to the Vendor. The appropriate section of the Sales Channels (the "Return Request") may be used for this purpose.
7.3 The Client may also exercise its right of termination by returning the purchased products to the Vendor, together with the label that may be downloaded and printed by the Client, to be sent by the Vendor once the Return Request has been finalised.
8. Effects of termination
8.1 In the event of termination exercised within 15 days from the day the Client or a third party designated by the Client, and other than the courier, acquires possession of the product, the Vendor shall reimburse all payments made by the Client, including shipping costs (except for additional costs resulting from the choice made for a particular delivery method other than standard delivery), without delay and in any case in accordance with the terms provided for by applicable law. If termination is exercised by the Client between the 16th and 30th day from the day the Client or a third party designated by the Client, and other than the courier, acquires possession of the product, the Client shall be reimbursed for all payments, excluding any shipping costs incurred.
8.2 The Vendor shall refund payments using the same payment methods as those used by the Client for the original purchase, unless other methods have been expressly agreed upon. Under no circumstance shall the be charged any costs arising from such refund.
8.3 Notwithstanding the foregoing, in the event that the Client exercises the right of termination at different times for several goods purchased through the same Order (thus making multiple shipments necessary), the Vendor shall bear the costs of returning the products only for the first shipment made by the Client using the appropriate label, while all subsequent shipments, for returns following to the first, shall be borne by the Client.
8.4 The Client shall ship the products or return them without delay and by no means later than 14 (fourteen) days from the day they communicated termination of this agreement. The deadline shall be met if the products are returned before this period of 14 (fourteen) days has expired.
8.5 The Vendor shall proceed to refund the sum paid by the Client for the returned products under the terms set forth under Article 56, Paragraph 1 of Legislative Decree No. 206/2005, without prejudice to the provisions under Paragraph 3 of the same Article.
8.6 The Client shall only be liable for any drop in the value of the products resulting from the handling of such products other than what is necessary to establish their nature, characteristics and functioning, pursuant to Article 57(2) of Legislative Decree 206/2005
9. Exclusion of the termination right
9.1 The aforesaid right of termination is excluded with reference to the following products, if available in the Sales Channels, pursuant to Article 59 of Legislative Decree 206/2005:
(a) tailored or customised products (where 'tailored or customised' means, inter alia, any product to which graphics have been added at the Client's request during the Order, such as a player's name (or any writing) and/or a number);
(b) sealed products that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;
(c) sealed audio or video recordings or sealed computer software opened after delivery;
(d) newspapers, periodicals and magazines (except subscriptions);
(e) digital content, if its use has begun with the explicit agreement of the client and with their acceptance that in such case they would lose the right of termination.
9.2 The above is without prejudice to the Vendor's right, at the Client's request and at the Vendor's sole discretion, to grant the Client the possibility to return products including in cases in which the right of termination is excluded pursuant to Article 9.1 and Article 57(2) of Legislative Decree 206/2005, taking into account the specific circumstances of the case and the possibility for the Vendor to effectively resell the products for which the return request has been submitted departing from Article 9.1 above.
10. Guarantees and product discrepanchies
10.1 With reference to the products covered by the Orders, the warranties provided for by applicable law and in particular by articles 128 et seq. of Legislative Decree 206/2005 shall apply.
11.1 The Vendor shall not be held liable towards the Client in the cases mentioned under under Article 118 of Legislative Decree 206/2005. By way of example only, the Vendor shall not be liable if:
(a) the flaw did not exist when the product was marketed (i.e. at the disposal of the purchaser, user or their vicarious agents, including the courier entrusted with delivery to them, pursuant to Article 119 of Legislative Decree 206/2005);
(b) the flaw is due to compliance with applicable mandatory provisions of law or a binding measure; and
(c) the state of scientific and technological knowledge at the time the product was marketed did not allow the product to be considered flawed.
11.2 The aforesaid limitations of liability shall not apply if the Vendor has fraudulently concealed a flaw or warranted that the goods were of a certain nature.
12. Copyright and brands
The contract does not grant the Client any rights to trademarks, logos and other distinctive signs of any kind on the products or the site, nor to their content.
13. Governing law and jurisdiction
13.1 The business relation between the Vendor and the Client, as well as these General Terms and Conditions, shall be governed by the Italian law.
13.2 For any dispute that may arise between the Vendor and the Client regarding the application, execution and interpretation of these General Terms and Conditions, the Court of the Client's place of residence or domicile shall have exclusive jurisdiction.
13.3 In any case, the Vendor and the Client shall have the right to resort to the mediation procedures provided for by Legislative Decree 28/2010, without prejudice, however, to the possibility for the Client to promote an out-of-court settlement of disputes, as provided for by Articles 66 and 141 et seq. of Legislative Decree 206/2005 for any dispute that may arise between the parties in connection with the application, execution and interpretation of these General Terms and Conditions.
13.4 Pursuant to Article 141-e(3) of Legislative Decree No. 206/2005, the Vendor informs the Client that, if they have submitted a complaint directly to the Vendor, following which it has nevertheless not been possible to resolve the dispute thus arising, the Vendor shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions (the so-called ADR bodies, as referred to in Article 141 et seq. so called ADR entities, as indicated in articles 141 et seq. of Legislative Decree 206/2005), specifying whether or not it intends to avail itself of such entities to resolve the dispute.
13.5 The Vendor also informs the Consumer-Client that a European platform for the online settlement of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/ . Through the ODR platform, the consumer Client will be able to consult the list of ADR entities, find the link to the site of each one of them and initiate an online dispute resolution procedure for the dispute they are involved in. For further information on the ADR procedure and the competent Italian ADR entities, the consumer client may consult the following website: http://www.mise.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/adr-risoluzione-alternativa-controversie .
13.6 The above is without prejudice, under all circumstances, to the right of the consumer Client to bring any dispute arising from these General Terms and Conditions before the competent ordinary courts, regardless of the outcome of the out-of-court settlement procedure, as well as to the possibility, when requirements are met, of promoting an out-of-court settlement of disputes relating to consumer relations by resorting to the procedures set forth under Part V, Title II-a of Legislative Decree 206/2005.