Terms of service

These General Terms and Conditions of Sale govern the sale of products marketed by WINNER ITALIA S.R.L., with registered office at Piazza Vescovio 7, 00199 Rome - VAT No. IT09321961006, and bearing the AC38 trademark ("Products") through the website store.americascup.com (the "Site").

The products marketed through the Site are sold to the buyer ("Customer" or "Consumer") by Calicantus S.r.l. ("Seller"), with registered office at Via L. Mazzon, 30 Quarto D'Altino (VE), VAT No. 037590272.

1. CONTACT DETAILS

1.1. For any information about the Products, you can contact Winner by completing the form, by sending an email to info@winneritalia.it, or by calling (+39) 0774 344169.

1.2. For any information about orders, payments, shipments, and returns, you can contact the Seller by completing the form.

2. CONCLUSION OF THE SALES CONTRACT

2.1. To purchase one or more Products, the Customer must complete an order form, providing all the required information.

2.2. The Customer can place orders either as a registered user, after creating an account, or as a guest. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by checking the corresponding acceptance box.

2.3. The Customer will subsequently receive an email confirming receipt of the order (the "Order Confirmation"). Receipt of the Order Confirmation does not constitute acceptance of the order proposal.

2.4. The purchase is considered completed and finalized only when the order proposal is accepted by the Seller. The Seller will send the Customer a subsequent email to confirm acceptance of the purchase proposal and inform them that the order is being shipped.

2.5. The order may be rejected in the following cases:

a) due to unavailability of the Product(s) ordered;

b) if authorization is denied to charge the full cost of the Product(s) using one of the applicable payment methods;

c) when, at the time of purchase, the price indicated is clearly incorrect (e.g., prices too high or too low compared to the prices normally applied for the same Product if there is no active promotion justifying the price indicated on the Site, incorrect calculation of VAT or other applicable taxes).

2.6. In the event that the Seller rejects an order as indicated in paragraph 2.5 above, the Seller will send the Customer an email notifying them of the rejection of the order and will refund the Consumer if payment has already been made. This refund will be made using the same methods used for the purchase (see Article 5) without undue delay and, in any case, within 10 (ten) business days of notification of order rejection. 2.7. The images displayed on the Site are provided for illustrative purposes only. While we strive to ensure that the representations of the items on the Site are as faithful as possible to those offered for sale, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to that displayed on the screen. Therefore, the Seller assumes no responsibility for errors or inaccuracies in the photographs and/or graphic representations of the items, including any differences in tone or grain, which may arise from technical limitations in the rendering of colors and/or textures due to the specifications of the computer equipment. In any case, even in the event of a clear discrepancy between the actual characteristics of the items and their representation, the Seller cannot be held responsible for the aforementioned discrepancy.

3. RIGHT OF WITHDRAWAL

3.1. The right of withdrawal is granted to the Customer only if he or she purchases the Products as a consumer, as defined in Article 3, letter a) of the Consumer Code. If the Customer purchases the Products as a professional, as defined in Article 3, letter c) of the Consumer Code, the right of withdrawal may be granted at the Seller's discretion.

3.2. The Customer may withdraw from the Contract within 14 calendar days from the date of delivery of the Product. To exercise this right, simply follow the procedure set out in paragraph 3.3 below and the methods set out in Return Form before the withdrawal period expires.

3.3. The Customer is required to take all necessary measures to preserve the integrity of the Product and to do everything possible to ensure that the Product is returned in the best possible condition, with the original undamaged packaging, any instruction manuals, or separate items, and any other delivered components. The Product must not have been handled except to the extent necessary to establish its nature, characteristics, and functioning. If these conditions are met, the Customer will be entitled to a refund of the purchase price of the Product(s) in question in accordance with the provisions set out below.

3.4. To exercise the right of withdrawal, the Customer must complete the following Return Form. As long as the goods remain in their possession, they will be responsible for the integrity of the Product.

3.5. If the Customer decides to return the Product, provided that the right of withdrawal from the contract has been exercised within 14 days of delivery of the Product, payments received will be refunded - using the same payment method used for the purchase - without undue delay and, in any case, no later than 14 days from receipt of the notice of withdrawal and proof of return of the Product.

3.6. If the returned Product is damaged/malfunctioning, worn or tampered with, or has physical, aesthetic, or superficial alterations due to improper use or negligence by the Customer, the Customer will be required to pay the price of the Product and related costs, including shipping costs and taxes, as originally agreed. Furthermore, returns of Products whose serial numbers do not match those indicated on the original delivery invoice will not be accepted.

3.7. The right of withdrawal from the Contract is excluded if the purchase Regarding customized products pursuant to Article 59, letter c) of the Consumer Code.

4. SHIPPING

4.1. The ordered products will be delivered to the address indicated by the Customer. Delivery times vary based on the destination and the shipping method selected. Shipments are generally made on weekdays (Monday to Friday). The times indicated are indicative and not binding, it being understood that, in accordance with current consumer protection legislation, delivery must take place within a maximum of 30 days from the conclusion of the contract.

4.2. During promotional, sales, or holiday periods, delivery times may be extended by up to 15 working days compared to normal transit times.

4.3. Once the order has been shipped, the Customer will receive a notification containing the tracking number at the email address indicated when placing the order. to monitor the delivery status.

4.4. Delivery to the address indicated by the Customer by the courier may not be possible if the type of Products and/or the structural characteristics of the destination do not allow it. This may occur, for example, with particularly bulky or heavy items, or if elevators, freight elevators, or other suitable facilities for transport to upper floors are not available.

4.5. Any shipping costs, if applicable, will be indicated upon completion of the order.

4.6. The risk of loss or damage to the Products is transferred to the Customer upon physical delivery of the goods, or when a person designated by the Customer takes possession of them.

5. PRICE, VAT, DUTIES, PAYMENT METHODS

5.1. The prices applicable to the Products are those indicated on the Site, except in the case of incorrect pricing pursuant to art. 2.5 letter c). Unless otherwise specified before placing an order, Product prices include VAT.

5.2. For deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties depending on the type of Product and the country of destination. These costs will be borne by the Customer.

The Customer is responsible for verifying the customs and tax regulations in force in the country of destination of the goods. It is understood that the Seller cannot be held responsible for any additional costs, delays, or impediments to delivery due to customs checks or the Customer's failure to comply with applicable customs or tax obligations.

5.3. PaymentPayment for Products can be made through the following payment methods and services: Visa, Mastercard, Maestro, American Express, Visa Electron, and PayPal.

5.4. If, within the deadline set forth in Article 5.4 above, it is not possible to charge the amounts due by the Customer to the credit card, the contract cannot be fulfilled and the order will be considered cancelled.

6. LEGAL GUARANTEE OF PRODUCT CONFORMITY

6.1. All Products purchased on the Site are covered by the legal guarantee of conformity for 24 months from the date of delivery, pursuant to Articles 128 et seq. of the Consumer Code. The exercise of rights in the event of a lack of conformity, as set forth in Article 6.2 below, is subject to a limitation period of 26 months from the date of delivery.

6.2. Pursuant to Article Pursuant to Article 135 bis of the Consumer Code, in the event of a Product defect, the Customer has the right to return the Product at no additional cost. To this end, the Customer may choose between repair and replacement of the Products. This right of choice cannot be exercised if the requested remedy is impossible or would entail excessive costs for the Seller.

6.3. In cases where repair or replacement of the Product has not been carried out or is impossible, or when the defect is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.

6.4. The warranty referred to in this article is excluded if the Customer acts as a professional. However, the Customer may avail of the remedies provided by the warranty for defects in the item sold, pursuant to Articles 1490 et seq. of the Civil Code.

6.5. In the event of non-conformity of the Products, the Customer may contact the Seller by completing the following form.

6.6. The Seller will evaluate the non-conformities reported by the Consumer and, subsequently, decide whether or not to authorize the return of the Products, providing the Consumer with feedback via email.

6.7. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product.

7. INTELLECTUAL PROPERTY

7.1. The Winner, AC38, America's Cup trademarks, and more generally all other trademarks, illustrations, images, and logos appearing on the Products, related accessories, and/or packaging, which are subject to registration, are and remain the exclusive property of Winner Italia srl and America's Cup. The total or partial reproduction, modification, or use of said trademarks, illustrations, images, and logos, for any reason and on any medium, is strictly prohibited without the prior express consent of Winner Italia srl and America's Cup. The same applies to copyrights, designs, models, and patents, which are the exclusive property of Winner Italia srl and America's Cup.

8. PRODUCT SAFETY (EU Regulation No. 2023/988 "GPSR")

8.1 All Products sold on this Site are safe as required by EU Regulation No. 2023/988 regarding general product safety. Pursuant to Article 19 of the aforementioned Regulation, we provide the manufacturer's information and contact details below: info@winneritalia.it.

8.2 For any complaints regarding Product safety, you can contact the manufacturer at the aforementioned email address.

9. FORCE MAJEURE

9.1. The Seller cannot be held liable for any failure or delay in fulfilling its obligations hereunder due to circumstances attributable to it and beyond its reasonable and foreseeable control ("Force Majeure Events").

9.2. Force Majeure Events include, but are not limited to, the following circumstances:

a) strikes, lockouts, and other industrial disputes;

b) civil unrest and insurrection, invasion, terrorist attack or threat of terrorist attack, armed conflict (declared or not) or threat or preparation for conflict;

c) fires, explosions, storms, floods, earthquakes, epidemics, or other natural disasters;

d) impossibility of using public or private telecommunications;

e) pandemics and lockdowns.

9.3. The Seller's performance of its obligations under these General Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events continue. Notwithstanding the continuation of the Force Majeure Events, the Seller undertakes toDo everything in its power to find solutions that allow the proper execution of its obligations.

10. PRIVACY

10.1. The Customer's personal data will be processed in accordance with the privacy policy.

10.2. For any other information regarding the processing of personal data, the Customer may contact the Seller by completing the following form.

10.3. To the extent permitted by law, the Seller may use the personal information provided by the Customer to conduct appropriate payment and anti-fraud checks. In this regard, the Seller, as part of its data processing activities pursuant to applicable law, may request the Consumer to provide their identification data, including, where applicable, a copy of an identity document. The personal information provided by the user may be subject to verification, including by third parties such as a credit reference or fraud prevention agency, which may maintain a record of such information.

11. APPLICABLE LAW AND JURISDICTION

11.1. These General Conditions of Sale and the individual contracts concluded with Customers are governed by Italian law.

11.2. Any dispute arising from the interpretation or execution of these General Conditions of Sale and their consequences shall be subject to the exclusive jurisdiction of the court of the Consumer's place of residence or domicile, in accordance with art. 66-bis of the Consumer Code.

11.3 For online dispute resolution, the Customer has the option of using the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller can resolve disputes relating to online purchases with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.