Seller identification

The website starpool.com is owned by Starpool s.r.l, with capital of EUR 550,000.00, and registered office in via Stazione no.25 – 38030, Ziano di Fiemme – Trento, Italy.

Application of general sales conditions

Order confirmation implies that the Customer has accepted the general sales conditions listed here.

Method of purchase 

To place an order on www.starpool.com the Customer must create an account by filling in the registration form in the dedicated section of the site and log in. If the Customer is a Professional (i.e. a natural or legal person acting in the exercise of their entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof) who requires an invoice, they must fill in the mandatory fields required for electronic invoicing during checkout. The Customer can only purchase products present in the Starpool S.r.l. electronic catalogue,  viewable at www.starpool.com, at  at the time of placing the order online as described in the relevant information sheets. It is understood that the picture accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics, but may differ in colour, size, accessory products in the picture. All supporting information is intended as generic information material, not referring to the real characteristics of each individual product. Please note that the packaging is often changed by the manufacturer without prior notice to Starpool S.r.l.

When the order has been correctly received, a confirmation e-mail reply is sent to the e-mail address indicated by the Customer during registration. The confirmation message will contain the date and time of receipt of the order and a “Customer Order Number”, to be used for any further communication with Starpool S.r.l . The message will show all the data entered by the Customer who undertakes to verify the correctness and communicate any changes promptly, according to the procedures described in this document.

If the order is not accepted, Starpool s.r.l. undertakes to promptly notify the Client. All prices indicated on the website are intended before VAT. Starpool S.r.l. reserves the right to change prices at any time without notice.

On the website wwww.starpool.com, you may check product availability when ordering.  Due to the simultaneous access of many users-customers and the subsequent possibility of simultaneous orders which impact product availability, Starpool S.r.l. only confirms the shipment of goods that have been paid.

Offer validity

The items purchasable on the website are available while stocks last. In the event of a charge or withdrawal relating to an article that is out of stock, Starpool S.r.l. undertakes to offer a purchase voucher or reimburse the customer within 15 days. Starpool S.r.l. undertakes to inform the Customer via email that he or she has ordered an article that is out of stock.

Product presentation

The products on sale are described and presented as accurately as possible.
Nevertheless, in the event of errors or omissions in such presentation, Starpool s.r.l. declines any responsibility, for this reason and for the safety of consumers.
Customers purchasing products are invited to verify the full correspondence between the information indicated online and the original label on the sent package before using or opening the package.

Product prices

Prices are shown in euros, not including taxes for Italy.  VAT is not included in the displayed price.  In case of changes in VAT rates, these changes may affect the final price of the items without the need to notify the Customer.
Starpool s.r.l. reserves the right to change its prices at any time; however, products will be invoiced at the price in force at the time of order registration.

Extra-EU Countries

Prices for Extra-EU Countries are quoted exclusive of VAT. Any order placed on the website and delivered to non-EU countries may be subject to any taxes, customs duties or documentation requirements that are imposed when the package is delivered.
The duties, taxes and documentation requirements associated with the delivery of an item are the responsibility of the customer. Starpool S.r.l. is not held to check the customs duties, applicable taxes or documentation that may be required.

We therefore inform you that by ordering on the Starpool S.r.l. website, you are considered the official importer and are obliged to comply with all the laws and regulations of the country in which you receive the goods. Our customers should be aware that cross-border deliveries may be subject to opening and inspection by customs.

Management of parcels not delivered by our courier 

These are parcels that have not been delivered to the final recipient for the following reasons: unknown recipient, unclaimed parcel, refused parcel, damaged parcel during transport, parcel tampering.

Parcel return due to: unknown recipient or address anomaly

These are parcels returned to the sender by the carrier for the following reason: Recipient does not live at the given address.

After having received and accepted the returned package, Starpool s.r.l will contact the customer to send the product again, if it is still available, or issue a refund, according to the customer’s choice. Starpool s.r.l reserves the right to issue a refund instead of sending the order again, if more than one notice of “return to sender due to unknown recipient” is detected.

Parcel return due to: “ABSENT / NOTICED”

These are parcels that have not been collected by the customer at the carrier’s premises or at the delivery point within the time limits. After having received and accepted the returned package, Starpool s.r.l will contact the customer to send the product again, if it is still available, or issue a refund, according to the customer’s choice. Starpool s.r.l reserves the right to issue a refund instead of sending the order again, if more than one order has not been dutifully collected.

Parcel return due to: “REFUSED”

The customer has refused the parcel at the delivery. After having received and accepted the returned package, Starpool s.r.l will send a purchase voucher within 72 hours from the parcel return.
If the parcel is returned due to “UNKNOWN RECIPIENT”, “UNCLAIMED PARCEL” or “REFUSED PARCEL”, Starpool s.r.l does not guarantee the reservation of the ordered goods and might be compelled to reimburse the order if the product or products are not available. If the order is not delivered or is returned to our headquarters, the customer will be charged the incurred transport costs. Therefore, in case of advance payment, any refund shall be reduced by the incurred transport costs.

Liability

Starpool s.r.l complies solely with an obligation of intermediation in all phases of website access, consultation, form filling, order execution, goods delivery and any other service. Therefore, Starpool s.r.l declines any responsibility for any inconvenience resulting from the use of the Internet and completely unrelated to the obligations and preventive measures adopted.  In particular, all contingencies relating to the service, external intrusions and IT viruses shall not be attributable to Starpool S.r.l. Similarly, anything resulting from force majeure totally exempts Starpool s.r.l from any liability. Customers are covered by the warranties provided by the brands sold on the website.

Warranty

All products sold by Starpool s.r.l are covered by legal guarantee of conformity in compliance with articles 128-135 of the Consumer Code. The legal warranty lasts two years from the delivery of the goods and must be asserted by the consumer within two months from the discovery of the defect. Customers may assert their legal warranty rights by contacting Starpool S.r.l. directly. In case of lack of conformity, contact Starpool S.r.l directly at the address: eshop@starpool.com.

Deliveries

The estimated order processing time is not binding, but only serves as an approximate indication. In some cases, the indicated processing time might be delayed for technical/logistical reasons. In case of delayed delivery or non-delivery, contact the customer care service at eshop@starpool.com.

Free products

If free products are included in the order, these may vary depending on the availability at the time the order is processed. Product changes or even size changes are not allowed for free gifts.

Intellectual property

All elements of the Starpool s.r.l website, be they visual or auditory, as well as the technology that supports them, are protected by copyright, brands or patents. They are the exclusive property of Starpool S.r.l. All hyperlinks redirecting to the Starpool S.r.l. website, and in particular the framing, deep-linking, in-line linking or any other direct linking technique are strictly and formally prohibited. All links, even if tacitly authorised, shall be withdrawn without exception at the request of Starpool s.r.l.

Privacy Notice and Cookie Policy 

Starpool s.r.l greatly cares about your privacy and the security of your personal data, so we collect and manage these with the utmost care and we take specific measures to keep them safe. At this link  you will find the main information on the processing of your personal data by Starpool s.r.l, concerning your navigation and the use of the offered services, as well as the Cookie Policy at the link.

In the event of a Contract for the purchase of Products and Services entered by a Retail Costumer, he or she has the right to withdraw from the Contract, in compliance with article 52 and following of the Consumer Code, without penalty or the need to provide a reason. The decision to recur to the right of withdrawal must be communicated by the Retail Customer within 14 calendar days from the receipt of the Product; in the event of separate deliveries for multiple goods ordered by the Retail Customer with one order, the term of fourteen days to exercise the right of withdrawal shall run from the delivery date of the last good.

The product shall be returned within 14 working days.  After this date, the returned product shall be refused and returned again to the Customer. The right of withdrawal shall be exercised  by the Retail Client, within the aforementioned 14 days, as follows:

1) Open a ticket by sending an e-mail to eshop@starpool.com with the following information:
– Subject: return for contract withdrawal
– Name and Surname
– Order number
– Code of the items that you wish to return

2) Wait for a reply from our Customer Care Department, which will provide you with instructions on how to proceed

3) Include the purchase receipt/invoice (original or copy) inside the package

4) Pack the items in the original packaging of the item

5) Entrust the parcel to a courier of your choice

6) Keep the return shipment receipt.

In accordance with the provisions of Article 59(c) and (d) of the Consumer Code, the Retail Client may not exercise the right of withdrawal for tailor-made Products or clearly customised or which are liable to deteriorate or alter rapidly. Furthermore, he or she may not exercise the right of withdrawal in relation to products that have been opened after delivery (art. 59 (i) of the Consumer Code).

The Products for which the right of withdrawal is exercised must be returned within fourteen days from the day on which the Retail Client communicated the intention to exercise his or her right, substantially intact, in their original packaging, complete with accessories and any manuals, and without any defects.

The right of withdrawal does not apply to originally sealed goods that cannot be returned for hygienic or health protection reasons that have been opened after delivery. The goods shall be in a normal state of preservation. The consumer shall only be liable for any diminution in value resulting from handling other than ‘normal’ and necessary to verify the nature, characteristics and functioning of the goods.

The only costs payable by the  Retail Client for exercising the right of withdrawal are the direct costs of goods return, as provided for in Article 57(1) of the Consumer Code.

After receiving the withdrawal request, Starpool S.r.l. will refund the full amount paid by the Consumer Customer within fourteen days from the date on which the Retail Customer has exercised the right of withdrawal, by re-crediting the due amount using the same method of payment used by the Retail Customer at the time of purchase. Starpool S.r.l. reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal.

If, on the other hand, the modalities, conditions and terms for the exercise of the right of withdrawal, as specified in this article, are not respected, the Retail Customer will not have the right to reimbursement of already paid sums . In that case, the Retail Customer may re-obtain, at its own expense, the Product in the state in which it was returned to Starpool S.r.l.. Otherwise, Starpool s.r.l may keep the returned Products, in addition to all the sums already paid by the Retail Customer for the relevant purchase. Shipping and transport costs are charged to the Customer.

Exclusion of the right of withdrawal

The right of withdrawal is excluded and, therefore, the preceding paragraphs shall not apply with respect to Contracts concluded with Customers having a VAT registration number.

All Products purchased through the www.starpool.com website (hereinafter “starpool.com”) are covered by the Legal Guarantee of Conformity in accordance with the Consumer Code and the Civil Code, as applicable.

Professional Customer

For each Product purchased by a Professional Customer (i.e. a natural person or legal entity acting in the exercise of their entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof), he or she shall benefit from the warranty for defects of the sold goods pursuant to art. 1490 et seq. of the Civil Code; the Professional Customer’s action to enforce the warranty for defects shall be time-barred after 1 (one) year from delivery of the purchased Product, and the relevant defects must be reported within the terms set out in art. 1495 of the Civil Code.

Retail Customer

For each Product purchased by a Retail Customer, he or she shall benefit free of charge from the legal conformity warranty (“Legal Warranty”) provided for in Articles 128 et seq. of the Consumer Code. The Legal Warranty borne by the Seller shall apply to conformity defects that occur within 24 months from the date of delivery of the Product and that are reported by the consumer within the following 2 (two) months from the date of discovery of the defects, in accordance with art. 132 of the Consumer Code.

It is specified that a conformity defect exists when one of the following situations occurs: (i) the product is not fit for the use for which it is normally intended; (ii) it does not conform to the description or does not possess the qualities promised by the seller; (iii) it does not offer the usual qualities and performance of the same type of goods; (iv) it is not fit for the particular use intended by the consumer if brought to the seller’s attention at the time of purchase and accepted by the seller.

The Retail Customer shall in any case remain the owner of the rights deriving from the Legal Warranty described above, regardless of whether he or she subscribes to other warranties of a conventional type, free of charge or against payment.

Remedies available to the Retail Customer

In case of a conformity defect, the Retail Customer may request, at his or her own choice, the repair of the Product or its replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the alternative, in accordance with the provisions of Article 130 paragraph 4 of the Consumer Code.

In particular, one remedy is to be considered excessively onerous if it imposes on the seller unreasonable expenses in comparison with the alternative, taking into account: (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy can be exercised without significant inconvenience to the Retail Customer.

Starpool S.r.l., in order to provide a high-level and absolutely transparent after-sales service, undertakes, on a voluntary basis, to have the defective Product repaired or replaced within 40 (forty) days from the request for assistance under warranty. Alternatively, the Retail Customer may request, at his or her choice, an appropriate price reduction or termination of the contract, if one of the following situations occurs: (i) repair or replacement is impossible or excessively onerous; (ii) Starpool S.r.l. has not repaired or replaced the Product within the period of 40 (forty) days; (iii) the replacement or repair previously carried out has caused significant inconvenience. The Customer shall not be entitled to terminate the contract in case of a minor conformity defect due to which it has not been possible or it has been excessively burdensome to carry out the remedies of repair or replacement.

Cases of exclusion of the Legal Warranty

The Retail Customer shall not be entitled to repair, replacement, price reduction or termination of the Contract in respect of any Product or any component identified as defective if, unless otherwise provided for and in accordance with applicable law:

– the Products have been repaired or altered by persons other than the manufacturer, Starpool S.r.l. or any other authorised person; and/or

– the conformity defect of the Product(s) has become apparent after the period of 2 (two) years from delivery of the Product(s) and/or the relevant request for repair or replacement of the defective Product(s) has been made 2 (two) months after discovery of the defect; and/or

– the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, carried out by persons other than the manufacturer, Starpool S.r.l. or any other authorised person – or failure to comply with the manufacturer’s instructions or other instructions provided by Starpool S.r.l. with the delivered Products; and/or

– at the time of the conclusion of the Contract, the Retail Customer was aware of the defect and could not ignore it with ordinary diligence; and/or

– the conformity defect derives from instructions or materials supplied by the Retail Customer.