THE3IRON

TERMS & CONDITIONS

The website www.The3Iron.golf hosts a technological platform, designed and managed by THE3IRON srl (VAT No. 03991510136) with registered office in 22070 Montano Lucino Via Faì, 4, which allows to buy online clothes, equipment and accessories used or never used for golfers (“Products”). The sale on the Site of Products, in the case of users who qualify as consumers, constitutes a distance contract regulated by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the discipline of e-commerce.

Definition

  • SITE: refers to the www.The3Iron.golf website constituting the platform through which the Products are sold; 
  • PRODUCTS: refers to used or unused clothing, equipment and accessories for golfers, exclusively owned by the Seller and offered to the Buyer through the platform; 
  • PRODUCT SHEET: refers to the set of information and images of the Product;
  • BUYER: refers to the subject who purchases the Product from the Seller through the Site. He must have reached the age of majority and have the capacity to act (in accordance with art. 2 of the Italian Civil Code); 
  • PROFILE: refers to the user's reserved space in which the purchased Products are present and through which personal information can be modified and Products managed; 
  • USER: refers to any subject who navigates the Site, buyer, or simply internet user; 
  • PRICE: refers to the sale price of the Product published online; 
  • GENERAL TERMS: these conditions applicable to purchases that the Buyer is required to read carefully and accept, respectively, before proceeding to purchase the product; 
  • SERVICES: refers to all the services offered by The3Iron in parallel with the provision of the platform. In the event of a sale and purchase on the Marketplace of Products indicated as "sold" by The3Iron, these conditions, as far as not provided for, must be supplemented with the discipline of articles 45 et seq. of Legislative Decree 6 September 2005, no. 206 ("Consumer Code"), in the event that the purchase is concluded by a "Consumer", and from the combined provisions of Legislative Decree 9 April 2003, no. 70, containing the discipline of electronic commerce and the Italian Civil Code.

MODIFICATION OF THESE TERMS 

The3Iron reserves the right to make changes to these conditions at any time, giving notice within the site itself. For this reason, Users are invited to consult, before making any purchase, the most updated version of the General Conditions. The applicable Conditions are those in force on the date of sending the purchase order. The User who continues to use the Site after the publication of the changes, accepts without reservation the new Conditions. 

VIOLATION OF THE TERMS OF USE 

The3Iron may admonish the Buyer following a violation of the Terms of Use. In the event of further violation, The3Iron may delete or suspend temporarily or permanently suspend the Profile.

SUBJECT OF THE CONTRACT 

The3Iron organizes pre and post sales activities, such as the publication of the Sheet, management and / or tracking of the transfer of the Product to the Buyer or the eventual transfer from the latter to the Seller; the dedicated customer care; the management of withdrawal and delivery activities of the Product in case of exercise of the right of Withdrawal, if provided; the contestation of any violations of the Terms of Use.

REGISTRATION TO THE SITE 

The use of the Platform is allowed only to legal persons and to natural persons who have reached the age of eighteen who have registered on the Site. Registration is free and allows Users to access the reserved area. During registration, the User expressly accepts these General Conditions and guarantees in any case the completeness, correctness and veracity of the data provided. The3Iron reserves the right not to accept the registration request or order, as well as to remove a User in all cases where abuse, irregularity, incorrectness and the like can be found. The User is exclusively responsible for accessing the Site through his credentials and is responsible for all operations carried out on it through the same credentials. All data communicated by the Users to the Manager will be treated in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the information present on the Site and accessible at the following link www.The3Iron.golf/privacy-policy.

Recontacts

The Buyer is required to communicate to The3Iron any changes in their address, telephone number, e-mail address from those indicated during registration, purchase of products, otherwise no responsibility can be attributed to The3Iron for unavailability, any delays or failure to pick up or deliver the Product.

Profile Cancellation

Registered Users can request the cancellation of their Profile or discontinue the use of the Service at any time by sending an e-mail to info@the3iron.golf. 

The3Iron's Responsibility

The3Iron is responsible for the correct functioning of the Platform. For this purpose, it communicates to the registered users any malfunctions and the periods in which it will carry out maintenance of the Site. The3Iron cannot guarantee continuous operation or continuous access to the Site. The3Iron is not responsible to third parties in the event of delays, malfunctions and/or interruptions in the activity of the Site or in the performance of the Services caused by force majeure or fortuitous event; interruption of the electricity supply service; lack of connectivity, software errors, hardware failure, problems with databases, malfunctions, failure to deliver pages and/or images and, in general, malfunctions of the Platform not attributable to the Manager's fraud and/or gross negligence and/or attributable to third party facts. The3Iron is in no way responsible for economic losses, including loss of profits, earnings, activities, opportunities, start-up or damages resulting, directly or indirectly, from: 

  • the user's use of the Site; 
  • viruses or other malware obtained by accessing, even via link, the Site; 
  • bugs, errors or incorrectness of any type of the Site; 
  • hardware damage resulting from the use of any service of the Site;

In no case will The3Iron be held liable for the performance of the obligations arising from the contracts concluded between the Seller and the Buyers adhering to the Platform.

Buyer's Responsibility

The Buyer is solely responsible for any damage to the Product after delivery. 

Behavior of the Buyer

The Buyer must behave according to principles of correctness, good faith, transparency, legality and lawfulness and in respect of the law. The choice to join The3Iron's services is free and autonomous, The3Iron cannot in any way be held responsible for activities undertaken by the Buyer in using the Site or following the use of the same in violation of these TERMS OF USE.

Product Price

All prices published on the Site are in Euros and are inclusive of VAT. The price does not include shipping costs and expenses related to Purchase Protection which will be specifically indicated during the purchase process, before the conclusion of the order and which will remain, therefore, at the expense of the Buyer.

PRODUCT SHIPPING 

The Product will be picked up and delivered through a third-party carrier chosen and selected by The3Iron. The3Iron cannot be held liable for any events that may occur after the Product has been taken into possession by the carrier. The shipment is standard and does not include delivery to the floor. At the time of delivery, and in the presence of conditions, such as availability of parking, presence of a spacious elevator, and easily transferrable packaging, the courier may be available for delivery to the floor at his own discretion.

Right of withdrawal

If the Product is sold to a Buyer who does not act in the exercise of his business activity, art. 52 et seq. of the Consumer Code will apply, as detailed in the withdrawal right paragraph, except for the case referred to in the preceding paragraph.

PURCHASE PROCEDURE AND SALE CONCLUSION 

The User can purchase all Products for sale on the Site, illustrated and described in their respective Product Sheets. It should be noted that the Products offered are in principle available. However, it has a period of 24 (twenty-four) working hours (excluding weekends) after the order to confirm the availability of the Product, by sending an email to the address info@The3Iron.golf or via the whatsapp app to the number +39.3516705775. The sales contract will be considered concluded at the moment of confirmation of availability of the Product. The User must select the Products and complete the check-out, after carefully checking the information contained in the summary of the order. The order is made by confirming it and is subject to the payment of the price, taxes and shipping and payment costs indicated in the Order Summary form. The processing order receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the moment of sending the Order Confirmation by The3Iron to the e-mail address provided by the User, after the payment is credited.

METHODS OF PAYMENT 

Payment for Products purchased on the Site can be made by credit card directly through the Site. VISA, Mastercard, AmericanExpress and Maestro credit cards are accepted. The Buyer will be redirected to the telematic payment systems offered by the chosen system in which he will have to enter the financial information (holder, number and expiry date of the card and security codes) necessary to complete the distance payment. These payment systems use a security protocol (Secure Sockets Layer, SSL and through the external Stripe platform, which meets the most stringent security requirements in the industry) capable of guaranteeing privacy and reliability of financial transactions. The information will never be stored, even temporarily, on the Site and will be used exclusively to perfect the purchase operation, any necessary refund or to report any fraud committed on the Site to the authorities.

ORDER PROCESSING 

The amount paid by the Buyer is paid to The3Iron. After completing the purchase process, the Buyer receives a confirmation email of the order of the Product.

DELIVERY TO THE BUYER OF A PRODUCT

Delivery of Products purchased on the Marketplace is made to the shipping address indicated by the user in the order form (so-called shipping address). At the time of shipping, the Buyer will receive a confirmation email of the delivery to the carrier, containing the tracking number through which he can check the status of the shipment. It is not possible to guarantee a specific date or time of delivery as this depends on the chosen courier and the destination address. The3Iron cannot therefore be held responsible for any direct or indirect consequence resulting from these times, or in case of failure to deliver the Products due to an error in the delivery address communicated by the Buyer. 

NON-COLLECTION BY THE BUYER 

In all cases where, following delivery attempts, the Product is not collected, it will be returned to The3Iron who reserves the right to refund the price of the Product, excluding shipping costs, Purchase Protection costs.

Usage of Gift Vouchers 

The3Iron Gift Vouchers (“Vouchers”) can only be used to purchase eligible products on www.the3iron.golf. If the order total is more than the value of the voucher, the difference must be paid using another payment method accepted on The3Iron.golf.

LIMITATIONS

Vouchers have a validity of two years from the date of issuance. Gift Vouchers cannot be used for orders placed on www.The3Iron.golf. Vouchers cannot be used to purchase other Vouchers or for any unauthorized commercial purpose including reselling or shipping products from The3Iron.golf. Vouchers cannot be reloaded, resold, converted to cash. The voucher must be used in a single purchase of equal or greater amount than the voucher. The Gift Voucher is not applicable to shipping and purchase protection fee. Vouchers have a validity of one year from the date of issue. 

RISK OF LOSS

The risk of loss and title for a Voucher passes to the purchaser upon electronic transmission of the Voucher to the purchaser or designated recipient, as applicable. We are not responsible for any loss or damage resulting from lost or stolen Vouchers. 

FRAUD

In the event a fraudulent Voucher is redeemed through use on The3Iron.golf, we reserve the right to close customer accounts and to bill alternative forms of payment for the amount of the fraudulent Voucher redemption. 

LIMITATION OF LIABILITY 

We disclaim all warranties, express or implied, with respect to Vouchers, including without limitation, implied warranties of merchantability or fitness for a particular purpose. In the event a Voucher is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Voucher. To the extent permitted by law, the foregoing disclaimers and limitations shall apply to the maximum extent permitted by applicable law. 

GENERAL TERMS 

These terms are in addition to the www.The3Iron.golf General Terms and Conditions of Use and Sale. Vouchers are issued by The3Iron s.r.l.. When you purchase, receive, or use a Voucher, you agree that the Terms and Conditions of Use of Vouchers are governed by the laws of the Republic of Italy. We reserve the right to request additional information regarding your identity or the ownership of the Voucher or The3Iron.golf account or the provision of an alternative payment method. We reserve the right to modify these terms and conditions from time to time at our discretion. These terms and conditions are subject to the limitations of applicable law.

Right of withdrawal conditions 

These conditions for the exercise of the right of withdrawal are regulated by the Consumer Code (arts. 52 et seq.). In case of purchase of a Product from The3Iron, the Buyer will have the right to withdraw from the contract within 14 days from the date of receipt of the Product, without having to pay any penalty and without having to specify the reason for the withdrawal. The return costs are borne by the buyer and are equal to the shipping costs incurred at the time of the order. In the case of multiple orders (those Products ordered through a single order, but delivered separately), the 14-day period will start from the date on which the Buyer physically enters possession of the last Product.

METHOD OF WITHDRAWAL 

The Buyer must inform The3Iron, within 14 working days from receipt of the Product, of this decision by sending an explicit statement by e-mail to the e-mail address help@The3Iron.golf. The Buyer can use the model form pursuant to art. 49 paragraph 1, letter h of the Consumer Code. The Buyer must take care to return the Product intact, not damaged, complete with any accessories, in the delivery package and packaging, including labels. The Buyer is required to deliver the Product to the courier within 14 days from the date on which he notified The3Iron of the decision to withdraw from the contract. 

EFFECTS OF WITHDRAWAL 

The Seller, after receiving the Product, will proceed to verify the conditions of the returned Product and will inform The3Iron by e-mail: 

  1. of the correct exercise of the right of withdrawal with the consequent refund of the amount. From the amount, as also specified at the time of purchase, the delivery costs of the Product to the Buyer and the corresponding Purchase Protection costs will be retained; 
  2. of the decrease in the value of the Product resulting from any damage caused to the Product, the Buyer being responsible in such cases. 

REFUND TIMES 

The refund will be made promptly and in any case within 14 days from the moment in which The3Iron or the Professional Seller have received the Product and carried out the checks on the condition of the Product. The3Iron in any case may withhold the refund until receipt of all Products or until the Buyer has demonstrated that he has sent all the Products. The refund will be made by bank transfer. Any delays in the crediting of the amount due may be determined by the activities necessary for the return of the amount by the payment system chosen. 

FAILURE TO DELIVER THE PRODUCT TO THE CARRIER 

In case of failure to deliver the Product for which the right of withdrawal has been exercised, the latter can no longer be returned. 

COMPLAINTS MANAGEMENT 

In case of a dispute during a purchase, The3Iron, without this implying recognition or assumption of any responsibility, may intervene in order to facilitate a reconciliation.

The following rules of conduct must be observed for the use of The3Iron. 

LANGUAGE TO BE USED 

When using The3Iron, the Buyer must not use obscene, indecent, offensive, blasphemous, derogatory or defamatory language, expressions of fanaticism, racism, hatred, irreverence, threatening, provocative or otherwise insert content that may prejudice the participants, The3Iron or third parties. It is forbidden to insert unauthorized advertising, illegal or defamatory information and material on The3Iron, which may infringe the rights of third parties, which is the property of third parties and for which authorization has not been obtained, which may invade the privacy of anyone, which encourages criminal conduct, which may give rise to civil or criminal liability and which is in any case contrary to any applicable legislation. Their ideas should be expressed without irreverent or deliberately provocative tones aimed at generating quarrels, discussions or causing disturbance. 

RESPONSIBILITY FOR CONTENTS INSERTED ON THE3IRON 

Violations of the Netiquette by third parties can be reported to the address info@The3Iron.golf. In case of non-compliance with the Netiquette, what is provided for in the paragraph VIOLATION OF THE CONDITIONS OF USE will be applied. The Buyer will, in any case, be solely responsible for damages and / or claims of any kind that may arise from third parties to The3Iron. 

LANGUAGE AND APPLICABLE LAW

The Marketplace Terms and Conditions are subject to Italian law. This agreement was drawn up in Italian. The official version that is binding is that in Italian. Any dispute that may arise from the relationship regulated by this agreement shall be the exclusive competence of the Court of Como.

Publication date and last modification 15.05.2024