Marketing 360 ° s.r.l.
Via Canaletto , 61
60019 Senigallia AN
Marketing 360° srl company owns the Outride trademark.
These general sales conditions regulate the electronic purchase of Outride products and apply to all the orders submitted by customers through the www.outridebrand.com
It is a responsibility of the person interested in purchasing items sold through the website to obtain information and read the following conditions before placing the order.
Such information shall be deemed as entirely read, understood and accepted by the customer upon payment and purchase confirmation.
Any variation of the conditions in force shall be agreed upon in advance and in writing between Marketing 360 srl and the purchaser.
Marketing 360 srl undertakes to describe and present the items on sale as accurately as possible; however, errors and inaccuracies may occur.
Furthermore, there may be small differences between the actual items and the photographs on the website; the latter are not part of the contract and are to be considered mere depictions, given the impossibility to provide a photograph of each item in every colour and size variation.
These general conditions are governed by Italian laws.
General sales conditions
Availability, price and nature of the products
Marketing 360 srl reserves the right to modify at any time the amount, price and typology of the products purchasable on its website.
Typology of products means any kind of tangible movable property manufactured or outsourced by Marketing 360 srl or on its behalf and sold on www.outridebrand.com and related third-level domains and folders.
All the products in the catalogue are in stock and they are to be considered available for prompt delivery, depending on the quantity and availability at the moment, in the amount specified on the website.
Availability means the amount of items in stock when the customer looks up the product information sheet; it is an approximate figure since, if more than a user is accessing the same section of the website at the same time, some items may be sold to a customer while another is carrying out the payment and order confirmation procedures.
Selecting an item and adding it to the shopping cart does not guarantee any right of pre-emption on said item nor does it cause the item to be removed from the stock until the order is completed.
In case of simultaneous purchase of the same item or supply-related error, the customer shall be promptly notified.
If an order cannot be processed because a product is not available, the customer shall be refunded or made an alternative proposal.
The prices of the products on the website are in EUR (Euros).
If a purchase is made with a different currency, the exchange rate applied shall be managed by the payment gateway service provider (bank, PayPal, etc.).
Marketing 360 srl shall not be liable for allegedly unfavourable exchange conditions.
Marketing 360 srl reserves the faculty to modify, temporarily or permanently, the price of its products in case of promotions, without having to notify its customers.
In case of price modification after a purchase, the items shall be paid by the customer according to the prices specified on the website when the order was made and confirmed in the order acceptance confirmation email sent by Marketing 360 srl. These sales conditions shall remain in force in case of price variations.
Method of payment
Marketing 360 srl accepts payments made through PayPal.
Customers who have not got a PayPal account may use their own credit or prepaid card as unregistered PayPal users.
All transactions shall take place through a PayPal-guaranteed connection, protected by an SSL (Secure Sockets Layer) protocol and encrypted.
As a consequence, data are transmitted safely and they cannot be accessed by Tom Caruso or anyone else.
PayPal shall be liable for the conservation and automatic processing in a protected environment of the information related to each order, including financial information such as credit card number, expiry date and security code.
Marketing 360 srl shall never obtain credit card information, therefore it shall not be able to archive or store it in any way.
PayPal shall not charge costs to the user for making a single payment through its service (even if such payment may be subject to fees in case of currency exchange or if it is made by a third party, e.g. the credit card issuer).
The information the user must supply to PayPal in order to make a single payment includes the credit or prepaid card data and other data displayed on the web pages in which the user requests PayPal to make the payment.
Upon payment, Marketing 360 srl shall request the customer’s address, which shall be used exclusively to ship the purchased items and shall not be transmitted to third parties or used by the company for purposes other than the sale.
A customer deciding to pay through his/her own PayPal account must confirm the shipping address or specify address variations, if any, and s/he may include a message for the seller.
The transaction cost shall be charged to the customer’s credit card only after the data supplied have been verified and the credit card issuer has authorized the charge.
Marketing 360 srl and the customer shall be notified simultaneously of the successful transaction with an email from PayPal.
A customer deciding to pay with other methods (wire transfer, money order, payment through other bank gateways) must get in contact with Marketing 360 srl (please refer to the Contacts section of the website).
Shipping, delivery and invoicing
The shipping costs are variable, even inside the EU, depending on the country the goods are sent to.
The delivery shall be made at the address specified by the purchaser upon payment, be it the customer’s residence, domicile, workplace or private address.
The purchased items shall be delivered through a courier service or, if made necessary by the destination, through the Express Mail Service (EMS) by Poste Italiane or similar services.
As regards non-EU or DDU (Delivery Duty Unpaid) countries, which are not subject to the payment of VAT on the purchase price, local, import and customs clearance taxes shall be charged to the customer.
For any shipping-related issue we can be contacted using the email address that can be found in the Contacts section of the website.
The orders shall be processed and shipped only on weekdays, excluding national, bank and religious holidays.
Once the payment has been approved, the item shall be packaged and shipped within 72 hours.
Marketing 360 srl shall not be liable for unforeseeable delays or courier-related issues.
Upon delivery of the package by the courier, the customer must verify that the package is intact, undamaged and untampered with.
Any damage to the package and/or the item must be immediately disputed, writing on the courier’s delivery note that the package is accepted subject to checking.
Indeed, once the delivery note has been signed, the customer shall no longer be able to contest the exterior features of the delivered item.
If the delivery cannot be made because the receiver is absent or because the address information is incomplete and/or wrong, the stoppage fees shall be charged to the customer.
If the courier finds no one at the specified address when delivering the package, he shall leave a notification with a phone number, that the customer can call in order to schedule a redelivery or a pick-up at the courier’s premises.
Unless the parties agree otherwise, Marketing 360 srl undertakes to have the ordered items delivered within thirty days, starting from the day after the order was submitted to the supplier by the customer.
After such period of time and in case the order is not fulfilled due to the temporary or permanent unavailability of the requested product or service, Marketing 360 srl shall reimburse the amounts already paid for the supply.
Unless accepted by the customer before or upon signing the contract, Tom Caruso shall not offer a different supply from the one agreed upon, even if characterized by equivalent or higher value and quality.
The invoices must be expressly requested by sending an email to firstname.lastname@example.org or in the “other notes” in the checkout form, providing all the information necessary in order to issue it. The only document attached to the delivered package is the delivery note, which has no fiscal value.
The invoicing request must be made simultaneously with the electronic purchase; no invoice modification shall be possible after the invoice has been issued.
Right of withdrawal and returned items
Pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights”, the customer (if s/he qualifies as a “consumer”) has the right to withdraw from the contract and to return the ordered items, without penalties and without having to provide a reason, within 14 (fourteen) working days from the reception of said items.
The customer may exercise the right of withdrawal, on pain of forfeiture, by sending a registered letter with return receipt to Marketing 360 ° s.r.l. – Via Canaletto , 61 –
60019 Senigallia AN ITALY, within 10 (ten) working days from the reception of the items. The above mentioned communication may also be sent, within the same time-frame, by email or fax, provided it is confirmed by means of a registered letter with return receipt within 48 (forty-eight) hours from the moment it is sent.
The shipping costs related to the return of the item shall be charged to the customer, in compliance with the provisions of the law.
Marketing 360 srl shall not be liable in any way whatsoever for damages to or the theft/loss of the items returned through uninsured shipping.
Once the presence of all the requirements for the right of withdrawal is ascertained, Marketing 360 srl shall reimburse the customer’s expenditure through wire transfer within 30 days from the reception of the returned item.
It shall be the customer’s responsibility to provide the banking details to be used for the wire transfer (IBAN number and beneficiary’s information).
For the withdrawal to be accepted, the product packages must be returned intact and the items must not have been tampered with or worn. If that is not the case, the conditions to exercise the right of withdrawal shall not be met and the customer shall be returned the tampered items.
If the delivered items do not match the order, the customer must notify it by sending an email to email@example.com within 7 (seven) days from the day of reception of the items.
In the email, the customer must specify whether s/he wants the items to be replaced or the purchase to be refunded.
The items can only be replaced with a size variation of the same model and colour.
Marketing 360 srl shall contact the courier and the latter, taking into account the customer’s availability, shall withdraw the items, bearing the related expenses.
Marketing 360 srl reserves the faculty to verify the non-conformity claimed by the customer and, if confirmed, shall ship the replacement items, if available for prompt delivery, or refund the customer.
Variation of conditions and court of jurisdiction
Marketing 360 srl reserves the right to modify these general sales conditions at any moment.
Any change, modification, deletion or integration shall be immediately in force soon after being published on the website, upon notification to all the customers whose orders have not yet been processed.
These general sales conditions are constituted by all the clauses composing them. If one ore more clauses are considered non valid or so declared pursuant to the law, the regulations or a decision by a court having jurisdiction, the other clauses shall remain fully in force.
Without prejudice to the possible applicability of mandatory law provisions for the protection of consumers, as defined in article 1, letter b of Law Decree No. 185 of May 22nd 1999, any controversy in any way related to these general conditions shall be referred to the only court of jurisdiction, i.e. the Court of Ancona.